Mindful Littles Terms of Use
Last Updated: 03/30/2020
Welcome, and thank you for your interest in Mindful Littles (“Mindful Littles,†“we,†or “usâ€) and our website at mindfullittles.org, along with our related websites and other online content and services provided by us (collectively, the “Serviceâ€). These Terms of Use are a legally binding contract between you and Mindful Littles regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,†OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MINDFUL LITTLES’ PRIVACY POLICY (TOGETHER, THESE “TERMSâ€). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MINDFUL LITTLES’ PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MINDFUL LITTLES AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MINDFUL LITTLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)
1. Mindful Littles Service Overview. Mindful Littles is a 501(c)(3) education nonprofit leading a compassion movement. Our Service provides information on our nonprofit, mission, and movement, including our events and programs, as well as access to certain of our programs. Our programs include mindful service learning experiences, mindful well-being programs, compassion workshops, adult self-care programs, and youth leadership programs. Our Service also includes blog posts with content on mindfulness, service, and other topics related to our mission.
2. Eligibility. You must be at least 13 years old to use the Service. If you are not at least 13 years old, please do not use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with any and all applicable laws and regulations.
3. Accounts and Registration. To access certain features of the Service, you must register for an account. When you register for an account, or post a reply or comment to any of our blog posts, you may be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@mindfullittles.org.
4. General Donation and Payment Terms. You may make a donation to Mindful Littles through our page at mindfullittles.org/donate, or purchase our Mindful Littles merchandise through our online store at mindfullittles.org/store. Before you make a donation or purchase, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. We are not liable for any loss caused by any unauthorized use of your credit card in connection with the Services.The proceeds from our online store support Mindful Littles. Mindful Littles is a 501(c)(3) tax-exempt nonprofit organization, with Charitable ID #: 82-1012917. Contributions to Mindful Littles may be tax-deductible to the fullest extent permitted by law. Please check with your personal tax advisor regarding the deduction of your gift.
4.1 Authorization. If you make a donation or purchase, you authorize Mindful Littles to charge all sums for the orders that you make, including all applicable taxes, to the payment method you specify. If you pay any fees with a credit card, Mindful Littles may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
5. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Mindful Littles grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
5.2 License Restrictions. While you are free to use the ideas, practices, and activities described in the Mindful Littles Materials (as defined below) for your own non-profit, educational, family, or other personal, non-commercial use, you may not, except and solely to the extent such a restriction is impermissible under applicable law: (a) reproduce, distribute, modify, publicly display, or publicly perform the Service or Materials, or (b) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedbackâ€), then you hereby grant Mindful Littles an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. Ownership; Proprietary Rights. The Service is owned and operated by Mindful Littles. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, content, blog posts, exercises, resources, and all other elements of the Service (“Materialsâ€) provided by Mindful Littles are protected by intellectual property and other laws. All Materials included in the Service are the property of Mindful Littles or its third-party licensors. Except as expressly authorized by Mindful Littles, you may not make use of the Materials. Mindful Littles reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
7.1 Third Party Services and Linked Websites. Mindful Littles may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to post a comment on a Mindful Littles blog post with an account on the third-party service, such as Twitter or Facebook. By using one of these tools, you agree that Mindful Littles may transfer that information to the applicable third-party service. Third party services are not under Mindful Littles’ control, and, to the fullest extent permitted by law, Mindful Littles is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Mindful Littles’ control, and Mindful Littles is not responsible for their content.
7.2 Third Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Componentsâ€). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third-party licenses.
8. User Content
8.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including comments, reviews, images, and other types of works (“User Contentâ€) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
8.2Â Â Â Â Â Â Â Â Â Â Limited License Grant to Mindful Littles. By providing User Content to or via the Service, you grant Mindful Littles a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 User Content Representations and Warranties. Mindful Littles disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Mindful Littles and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Mindful Littles, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Mindful Littles to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Mindful Littles may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Mindful Littles with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Mindful Littles does not permit copyright-infringing activities on the Service.
8.6 Monitoring Content. Mindful Littles does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Mindful Littles reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Mindful Littles chooses to monitor the content, Mindful Littles still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
9. Communications.
9.1 Email. If you sign up for our mailing list or register for one of our events, we may send you emails with information about our events, services, activities and additional mindfulness resources. You may opt out of these emails by following the unsubscribe instructions in the email itself.
10. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
d. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
e. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
g. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
h. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
11. Digital Millennium Copyright Act
11.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Mindful Littles
ATTN: Legal Department (Copyright Notification)
21C Orinda Way, #405, Orinda, California 94563
[Telephone number of agent]
Email: copyright@mindfullittles.org
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
11.2 Repeat Infringers. Mindful Littles will promptly terminate the accounts of and right to use the Service for users that are determined by Mindful Littles to be repeat infringers.
12. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any timeupon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13. Term, Termination and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
13.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Mindful Littles may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@mindfullittles.org.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) Sections 5.3, 6, 13.3, 14, 15, 16, 17 and 18 will survive.
13.4 Modification of the Service. Mindful Littles reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Mindful Littles will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Mindful Littles and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Mindful Littles Entitiesâ€) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS†AND ON AN “AS AVAILABLE†BASIS. MINDFUL LITTLES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MINDFUL LITTLES DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MINDFUL LITTLES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MINDFUL LITTLES ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MINDFUL LITTLES ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT GUARANTEE ANY RESULTS FROM YOUR USE OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER.
YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT USE OF ANY PORTION OF THE SERVICE, PARTICULARLY PARTICIPATION IN THE EVENTS, PROGRAMS, OR OTHER ACTIVITIES DESCRIBED IN, PROMOTED BY, OR ACCESSED THROUGH OUR SERVICE, CARRIES WITH IT A CERTAIN ELEMENT OF INHERENT RISK, AND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS OF INJURY, BOTH FORESEEN AND UNFORESEEN AND WHICH CANNOT BE ELIMINATED DUE TO THE NATURE OF THE ACTIVITIES. THESE RISKS INCLUDE HARM TO YOURSELF, YOUR PROPERTY, AND HARM TO OTHERS. YOU HEREBY VOLUNTARILY, KNOWINGLY, AND FREELY ACCEPT AND ASSUME FULL RESPONSIBILITY AND RISK OF INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY LOSS OR DAMAGE, LOSS OF DATA (INCLUDING USER CONTENT), ANY LOSS OR LIABILITY, AND ANY COST THAT MAY BE INCURRED WHILE USING OR THROUGH USE OF THE SERVICE, AND THUS ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY AND ALL MINDFUL LITTLES REQUIREMENTS AND POLICIES.
IN CONSIDERATION OF BEING PERMITTED TO USE THE SERVICE, YOU, WHILE FULLY RECOGNIZING THE DANGERS AND HAZARDS INHERENT IN USING THE SERVICE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FULLY AND FINALLY AGREE THAT YOU AND YOUR HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS AND ASSIGNS WILL NOT MAKE OR PARTICIPATE IN A CLAIM OF ANY TYPE AGAINST OR SUE, AND HEREBY RELEASE, WAIVE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS MINDFUL LITTLES, ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, AND PRESENT AND FORMER OFFICERS, DIRECTORS, INSURERS, EMPLOYEES, VOLUNTEERS, INTERNS, AGENTS, ASSIGNS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIESâ€) FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS OR DEMANDS THAT YOU, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND ASSIGNS NOW HAVE OR MAY HEREAFTER HAVE FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY LOSS OR DAMAGE, THEFT, ANY LOSS OR LIABILITY, AND ANY COST IN CONNECTION WITH YOUR USE OF THE SERVICE, OR ARISING FROM THE NEGLIGENCE OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES OR ANYONE ELSE RELATED TO OR IN ANY WAY CONNECTED TO THE SERVICE. THIS RELEASE INCLUDES INJURY OR DAMAGE CAUSED BY NEGLIGENCE, ACTIVE OR PASSIVE, OF THE RELEASED PARTIES.
THIS SECTION IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW AND IS INTENDED TO INCLUDE A RELEASE OF ALL CLAIMS, BOTH KNOWN AND UNKNOWN, AND A WAIVER OF ANY LAWS LIMITING A RELEASE OF UNKNOWN CLAIMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.†IF ANY PROVISION OR ANY PART OF ANY PROVISION OF THIS SECTION 15 IS HELD TO BE INVALID OR LEGALLY UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THIS SECTION 15 SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Mindful Littles does not disclaim any warranty or other right that Mindful Littles is prohibited from disclaiming under applicable law.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MINDFUL LITTLES ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MINDFUL LITTLES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OFTHE MINDFUL LITTLES ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
17.1 Generally. In the interest of resolving disputes between you and Mindful Littles in the most expedient and cost effective manner, and except as described in Section 17.2 and 17.3, you and Mindful Littles agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MINDFUL LITTLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Mindful Littles, Attention: Legal Department – Arbitration Opt-Out, 21C Orinda Way, #405, Orinda, California 94563 that specifies: your full legal name, the email address associated with your use of the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Noticeâ€). Once Mindful Littles receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. Any arbitration between you and Mindful Littles will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAAâ€) under its Consumer Arbitration Rules (collectively, “AAA Rulesâ€) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mindful Littles. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
17.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitrationâ€). Mindful Littles’ address for Notice is: Mindful Littles, 21C Orinda Way, #405, Orinda, California 94563. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demandâ€). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Mindful Littles may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Mindful Littles must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Mindful Littles in settlement of the dispute prior to the award, Mindful Littles will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
17.6 Fees. If you commence arbitration in accordance with these Terms, Mindful Littles will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Contra Costa County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Mindful Littles for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.7 No Class Actions. YOU AND MINDFUL LITTLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mindful Littles agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.8 Modifications to this Arbitration Provision. If Mindful Littles makes any future change to this arbitration provision, other than a change to Mindful Littles’ address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Mindful Littles’ address for Notice of Arbitration, in which case your account with Mindful Littles will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.9 Enforceability. If Section 17.7 or the entirety of this Section 17 is found to be unenforceable, or if Mindful Littles receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
18. Miscellaneous
18.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Mindful Littles regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including†means “including but not limited toâ€. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Mindful Littles submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Contra Costa County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3       Privacy Policy. Please read the Mindful Littles Privacy Policy mindfullittles.org/terms-of-use carefully for information relating to our collection, use, storage, disclosure of your personal information. The Mindful Littles Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Termsâ€). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6 Contact Information. The Service is offered by Mindful Littles, located at 21C Orinda Way, #405, Orinda, California 94563. You may contact us by sending correspondence to that address or by emailing us at info@mindfullittles.org.
18.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
