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Terms of Use

NOTICE: YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. 

Terms of Use

Effective Date: 12/01/2019

Welcome to Mindful Schools’ community platform, Homeroom! Please read on to learn the rules and restrictions that govern your use of our community, products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@mindfulschools.org.

These Terms of Use, together with the Privacy Policy and the Copyright Dispute Policy included below, (collectively, the “Terms”) are a binding contract between you and Mindful Schools (“Mindful Schools,” “we” and “us”). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian has agreed to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind it to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You must agree to and accept all of these Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms. These Terms, as they may be updated from time to time, will remain in effect while you use the Services. 

How do I access and use the Services?

In order to use certain parts of the Services, you will be required to sign up for an account and select a password and email address (“Account Credentials”) and if purchasing a membership plan, provide your name and billing information.

You may not create an account, select Account Credentials, or otherwise use the Services using any name, information, account or Account Credentials that you do not have a right to use, or using another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. You are solely responsible for any activity associated with your account.

Do the Services cost anything?

Certain of our Services may be subject to payments now or in the future such as when you sign up for a community membership plan (the “Paid Services”).  Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Auto-Renewal for Subscription Services

Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by successive automatic renewal periods, for which there is a recurring period charge (each, a “Subscription Service”). Unless you opt out of auto-renewal, which can be done through your Manage Purchases page, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Subscription Services at any time, go to your Manage Purchases page. If you cancel a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Recurring Billing

Some of the Paid Services, including but not limited to the Subscription Services, may consist of an initial period, for which there is a one-time charge, followed by an automatic renewal period, recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION CLICK HERE. TO CHANGE YOUR PAYMENT METHOD, CLICK HERE.

Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO YOUR NAME AND PHONE NUMBER CAN BE MADE HERE. CHANGES TO YOUR BILLING INFORMATION CAN BE MADE HERE. CHANGES TO YOUR STORED PAYMENT METHODS CAN BE MADE HERE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Change in Amount Authorized

If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method.

Reaffirmation of Authorization

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

Free Trials and Other Promotions

Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@mindfulschools.org. 

Are there any restrictions on my use of the Services?

Yes. Your use of the Services must comply with all of these Terms, including the following restrictions:

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

The materials displayed or performed or available on or through the Services, including, but not limited to, community discussion boards, text, graphics, data, articles, photos, images, illustrations, videos, User Submissions (as that term is defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Mindful Schools’) rights. See the Copyright Dispute Policy below for more details.

You understand that Mindful Schools owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Mindful Schools);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Mindful Schools account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs mail list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

Finally, you understand and agree that although Mindful Schools has no obligation to monitor the Content on the Services, it may choose to do so, and that Mindful Schools may take down, remove, or suspend any Content (including User Submissions) at any time, for any reason.

What rights do I give others in Content I contribute?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” As between you and Mindful Schools, you own and will continue to own your User Submissions. Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions, as follows:

For all User Submissions, you hereby grant Mindful Schools a license to translate, modify (for technical purposes, for example making sure your content is viewable on a phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. 

If you share a User Submission only in a manner that only certain specified users can view, for example, a private message to one or more other users (a “Limited Audience User Submission”), then you grant Mindful Schools the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. 

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, such as in public discussion boards (a “Public User Submission”), then you grant Mindful Schools the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all community platform (Homeroom) users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Mindful Schools’ business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

In addition, if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (whether through a direct email, survey, assessment or otherwise) (“Feedback”), then you grant Mindful Schools a license to freely use, modify, copy, and distribute such Feedback for any purpose. 

All of the above are licenses only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you elect to have your community account deleted (by contacting support@mindfulschools.org,) we will continue to display anonymized versions of your User Submissions to other users (if applicable), but you understand and agree that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Please note that the above licenses are also subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

Finally, you understand and agree that Mindful Schools, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Mindful Schools, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, see below for information regarding our Copyright Dispute Policy. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Content on the Services. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated. Mindful Schools does not offer medical advice and the Services are not intended to provide any medical diagnosis or treatment, or serve as professional advice of any kind (including, without limitation, medical, financial or legal advice). You access all information and content on the Services at your own risk, and acknowledge and agree that Mindful Schools is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. In addition, you are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

Third Party Content and Services

The Services may contain links or connections to third party websites or services that are not owned or controlled by Mindful Schools. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Mindful Schools is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Mindful Schools has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Mindful Schools will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Mindful Schools shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Disputes with Users or Third Parties

If there is a dispute between or among users on the Services, or between or among users and any third party, you agree that Mindful Schools is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Mindful Schools, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will the Services ever change?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.

Will these Terms ever change?

These Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Mindful Schools takes the privacy of its users very seriously. For the current Mindful Schools Privacy Policy, please click here.

We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at support@mindfulschools.org.

What if I want to stop using the Services? 

You are free to do so at any time, by ceasing use or by contacting us at support@mindfulschools.org. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using the Services. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Mindful Schools is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Mindful Schools has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer

Neither Mindful Schools nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Mindful Schools or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY MINDFUL SCHOOLS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MINDFUL SCHOOLS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MINDFUL SCHOOLS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Mindful Schools’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Venue

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any claims or disputes that are not subject to arbitration as set forth below will be brought exclusively in the state and/or federal courts located in Alameda County, California.

Arbitration Agreement

The following section (up to and including subsection (e)) will be referred to as the “Arbitration Agreement”. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS WITH MINDFUL SCHOOLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MINDFUL SCHOOLS.

  1. Arbitration Rules; Applicability of Arbitration Agreement. Any claim or dispute arising out of or relating to the Services, your relationship with Mindful Schools and/or the subject matter of these Terms shall be finally settled by binding arbitration in Alameda County, California. The arbitration will be conducted in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, which arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The existence and content of the dispute, the arbitral proceedings and any rulings or award shall be kept strictly confidential except that either party may disclose such information (i) to the extent that disclosure may be required of a party to fulfill a legal duty or right, (ii) to enforce or challenge an award in a bona fide legal proceeding as authorized herein, and/or (iii) to such party’s professional advisors, provided such advisors are bound by confidentiality obligations at least as restrictive as those set forth herein.  In addition, Mindful Schools may disclose such information to Mindful Schools’ current and potential investors who have been advised of the confidential nature of such information. The arbitrator shall have the authority to award any and all available remedies, whether provisional or final, legal or equitable, including conservatory relief and injunctive relief.  Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. This provision does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
  2. Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Mindful Schools will pay all arbitration fees for claims less than $75,000. Mindful Schools will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  3. Small Claims Court. Notwithstanding the agreement to arbitrate disputes set forth in subsection (1), you or Mindful Schools may assert damages claims in small claims court in any United States jurisdiction where you access the Services, solely to the extent such claims satisfy the jurisdictional requirements of the selected small claims court.
  4. Waiver of Jury Trial. YOU AND MINDFUL SCHOOLS WAIVE ALL RIGHTS (WHETHER CONSTITUTIONAL, STATUTORY OR OTHERWISE) TO GO TO COURT AND CONDUCT A TRIAL IN FRONT OF A JUDGE OR JURY. You and Mindful Schools are instead choosing to have claims and disputes resolved by arbitration. To the extent you or Mindful Schools seek to vacate or enforce an arbitration award or otherwise submit any dispute in a court of competent jurisdiction, YOU AND MINDFUL SCHOOLS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have such dispute resolved by a judge.
  5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE INDIVIDUAL OR ENTITY CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR ENTITY. 

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Mindful Schools may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Mindful Schools agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Mindful Schools, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Mindful Schools, and you do not have any authority of any kind to bind Mindful Schools in any respect whatsoever. 


Copyright Dispute Policy

Effective Date: 12/01/2019

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Remember that your use of Mindful Schools’ Services is at all times subject to the Terms of Use (see above) which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use (see above).

  1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Mindful Schools’ Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Mindful Schools is capable of finding and verifying its existence;
    4. Contact information about the notifier including address, telephone number and, if available, email address;
    5. A statement that the notifier has a good faith belief that the material identified in (1)(3) is not authorized by the copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
    1. remove or disable access to the infringing material;
    2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
    3. terminate such content provider’s access to the Services if he or she is a repeat offender.
  3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
    1. A physical or electronic signature of the content provider;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
    4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Mindful Schools is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Mindful Schools may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Mindful Schools may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Mindful Schools’ discretion. 

Please contact Mindful Schools’ Designated Agent at the following address:

Martha Brown
Mindful Schools
1260 45th Street, Suite B
Emeryville, CA 94608
 

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