Last Updated: September 1, 2022
By accessing or using any part of the Services you have accessed, you will be bound by these Terms. If you do not agree to these Terms, CMP is not willing to grant you any right to use or access the Services. In such event, you are not granted permission to access or otherwise use the Services and are instructed to exit the Services immediately.
CMP may change, add or remove portions of these Terms from time to time, and such changes shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Services, and by continuing to use the Services, you agree to any changes, additions and removals.
You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not use the Services at any time or in any manner or submit any information to CMP or the Services. If you use the Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. You must not have been previously removed or suspended from the Services to use the Services.
2 Prohibited Conduct and Content
(a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use the Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
- Modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Services;
- Use the Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Services;
- Develop or use any applications that interact with the Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
(b) Enforcement of this Section 2 is solely at CMP’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 2 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
3 Ownership; Limited License
The Services you have accessed and all of its content as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by CMP and its licensors. The Services are licensed to you, not sold. Except for the limited license granted in these Terms, CMP and its licensors retain all right, title and interest in the Services and all proprietary rights in the Services, including without limitation copyrights, patents, trademarks, service marks and trade names.
CMP may change, suspend, or discontinue any aspect of the Services at any time. CMP, its suppliers and service providers reserve all rights not granted in these Terms. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
4 Your Submission of User Content
The Services may contain comment areas and other interactive features where you can share and display content, information, postings, materials, including without limitation, stories (collectively “User Content”). You are solely responsible for any User Content you provide. By submitting User Content to the Services, you warrant that you have all necessary rights to grant, and automatically grant to CMP, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such User Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Services to access, view, store or reproduce your User Content and content for that user’s personal, non-commercial use. CMP will not be required to treat any User Content as confidential, and you grant to CMP the right to edit, copy, display, publish and distribute any User Content made available via the Services by you, without compensation to you or any other party submitting the User Content for you. Notwithstanding the right and license, by merely permitting your User Content to appear on the Services, CMP is not a publisher of such User Content, and is merely functioning as an intermediary to enable you to provide and display User Content. Moreover, and except as provided in these Terms with respect to the right and ability of CMP to delete or remove User Content, CMP does not endorse, oppose, or edit any opinion provided by you or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any User Content displayed, uploaded, linked-to or distributed by you or any other user. You agree that by using the Services, you will not post or transmit any of the following: (a) anything that interferes with or disrupts the Services or its operation; (b) User Content that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false; (c) unauthorized copyrighted User Content, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others; (d) User Content that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; (e) User Content that harms minors; (f) User Content that impersonates any other person or entity, whether actual or fictitious, or that misrepresents your affiliation with any entity; or (g) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services.
5 Third-Party Content
We may provide information about third-party products, offerings, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. CMP does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content (including any facilitators or classes linked to through the Services), and your access to and use of such Third-Party Content is at your own risk. While you are welcome to provide CMP with any concerns or complaints you may have about a facilitator or a class linked to through the Services, you should address them with the facilitator or provider of the class and you understand CMP is NOT responsible for such third parties or Third-Party Content.
You agree to indemnify, defend and hold harmless CMP and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “CMP Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; and (b) your User Content. You agree to promptly notify CMP Parties of any third-party Claims, cooperate with CMP Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the CMP Parties will have control of the defense or settlement, at our sole option, of any third-party Claims.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICES AND THEIR INFORMATION, CONTENT, MATERIALS, OFFERINGS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMUNITY OF MINDFUL PARENTING AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. COMMUNITY OF MINDFUL PARENTING DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER CONTENT, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH LINKS ON THE SERVICES. COMMUNITY OF MINDFUL PARENTING DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT COMMUNITY OF MINDFUL PARENTING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CONTENT ON THE SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SERVICES.
8 Limitation of Liability
- To the fullest extent permitted by applicable law, CMP and the other CMP Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if CMP or the other CMP Parties have been advised of the possibility of such damages.
- The total liability of CMP and the other CMP Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to $100.
- Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
CMP has the right, but not the obligation, to monitor the content of the Services (including any forum or tools, services or functions that enable the sharing, display or performance of any User Content), to determine compliance with these Terms or any law. CMP has the right and sole discretion to edit, refuse to post, or to remove any User Content submitted to or posted on or within the Services, including, without limitation, the right to remove any User Content that CMP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10 Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Washington. Any action or proceeding brought by you or CMP shall be brought only in a court of competent jurisdiction located in King County, Washington and you and CMP agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding.
These Terms constitute the entire understanding and agreement between CMP and you with respect to the Services, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged into these Terms. You may not modify, amend or alter in any way these Terms. In the event any provision of these Terms are found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according to its terms. Any failure by CMP to strictly enforce any provision of these Terms will not operate as a waiver of that provision or any subsequent breach of that provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. The disclaimers and limitations of liability will survive any termination or expiration of these Terms. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.