TERMS & PRIVACY
Effective and last revised on July 28, 2016
Whenever the term “use,” “access,” “accesses,” or “accessing” appears in the TOU, it refers to and includes accessing, entering, using, and/or visiting the Website and/or participating in services offered by The Den Meditation at physical locations. By accessing the Website, and/or participating in such services, you (also referred to herein as the “user” or “users”) confirm that you have read and understood, and agree to be bound by, all of the following TOU, including the important warnings, restrictions and disclaimers set forth below.
Important Note! If you do not agree to be bound by all of the terms and conditions of the TOU, including but not limited to all warnings, restrictions and disclaimers, please exit the Website immediately. You may not use or access the Website, or any of its services, content or resources, and you may not register for and/or participate in any services offered by The Den Meditation at its various physical locations, if you do not agree to be bound by the TOU.
The Den Meditation may revise and update the TOU at any time, and your continued access to or use of the Website, and/or your continued participation in services offered by The Den Meditation at physical locations, thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor and review the TOU as posted on the Website to determine the current terms and conditions of the TOU, as they may be changed from time to time. By accessing the Website after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current TOU, you must exit the Website and cease all use of The Den Meditation Services. The TOU was last revised on July 28, 2016.
3. SPECIAL NOTICE FOR CHILDREN UNDER THE AGE OF 18.
The Den Meditation welcomes students of all ages to participate in its classes and other offerings. However, the Website and The Den Meditation Services are not intended for or directed to users under the age of 18 unless The Den Meditation receives prior consent from a parent or legal guardian. You may not use the Website or any of its services, content or resources, and you may not registered for and/or participate in any services offered at physical locations, if you are not of legal age to form a binding contract with The Den Meditation, or are a person barred from receiving services under the laws of the United States or other applicable jurisdiction. By accessing the Website, and/or by registered for and participation in services offered by The Den Meditation at physical locations, you acknowledge and agree that you are representing to The Den Meditation that you are over the age of 18 and are of legal age to form a legally binding contract, and you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
Anyone under the age of 18 who wishes to access the Website and/or register for and participate in services offered by The Den Meditation at physical locations must apply to The Den Meditation in writing for permission, which permission may be conditioned and/or denied at the sole and absolute discretion of The Den Meditation, and must first obtain the written consent of his or her parents or guardians.
4. INTELLECTUAL PROPERTY RIGHTS.
All copyright, trademark, patent and other intellectual property rights in the contents of the Website and the programs offered by The Den Meditation at physical locations are owned by The Den Meditation or its licensors. No such intellectual property may be recorded, saved, copied, re-transmitted, and/or used in any way whatsoever without the prior written consent of The Den Meditation, which consent may be conditioned or denied in the sole and absolute discretion of The Den Meditation.
5. DISCLAIMER OF RESPONSIBILITY AND LIABILITY.
The following disclaimers apply to your use of the Website and your participation in any and all services offered by The Den Meditation at physical locations.
You acknowledge that the study and practice of meditation, massage, reiki and various other exercise and fitness activities, and physical, spiritual, dietary, and other activities, may involve inherent risks of injury and loss. Such injury or loss may include physical, mental and/or emotional health issues. The products and services offered by The Den Meditation through the Website and/or at physical locations may include activities and instruction that are not be appropriate for every person. You are solely responsible for consulting with appropriate physical and mental health professionals before engaging in any such activities or using any of the information offered in the course of instruction, and hereby assumes any and all risk in doing so. You acknowledge and agree that you have sought such expert advice before using any of The Den Meditation Services.
The Dem Meditation disclaims any responsibility whatsoever for unavailability of the Website and/or any physical location where Den Meditation Services may be offered, any difficulty or inability to download or access content, or any other communication system failure which may result in the Website being unavailable. The Den Meditation shall not be liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones, as applicable.
Conditions of Premises. The Den Meditation disclaims any responsibility for the accessibility and/or condition of the physical premises where The Den Meditation Services may be offered, and you agree that you are entering and using these locations at your own risk.
Disclaimer of Warranties. The Den Meditation Services are made available “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, The Den Meditation disclaims all warranties, including implied warranties, with regard to The Den Meditation Services. Without limiting the generality of the foregoing, The Den Meditation makes no representations, warranties guarantees that you will achieve any particular results, whether physical, mental, emotional or otherwise, by making use of The Den Meditation Services.
You hereby assume and accept complete responsibility for any and all injury, damage and/or loss, whether to the user, the user’s property, and/ or the user’s family, friends, and guests (including children), resulting directly and/or indirectly from The Den Meditation Services, and forever release, discharge, and waive any and all claims, debts, liabilities, costs, expenses, and causes of action resulting and/or related in any way to the service and/or the products and services of third parties offered through the service.
You hereby agree to indemnify, defend and hold harmless The Den Meditation, its members, officers, directors, employees, agents, affiliates, representatives, licensors, contractors, vendors, managers, sponsors, and other participants against any and all of the claims referenced above.
Limitation of Liability. In no event shall The Den Meditation be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out The Den Meditation Services, whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or other basis.
Breach of TOU. You agree to indemnify and hold The Den Meditation, its directors, officers, members, managers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of the TOU, or any action taken by The Den Meditation as part of its investigation of a suspected violation of the TOU or as a result of its finding or decision that a violation of the TOU has occurred. You also agree to indemnify and hold The Den Meditation, its directors, officers, members, managers, employees, affiliates, agents, contractors, and licensors harmless in the event of The Den Meditation’s decision to not allow you to register for and/or participate in any of The Den Meditation Services, and/or to take any other action during the investigation of a suspected violation, or as a result of The Den Meditation’s determination that a violation of the TOU has occurred. This waiver and indemnity provision applies to all violations described in, resulting from, or contemplated by the TOU.
6. REFUND POLICY
The following refund policy applies to The Den Meditation Services and merchandise purchased from The Den Meditation, whether online or at a physical location.
Classes, Workshops and Events. All classes, workshops and events are subject to cancellation by The Den Meditation upon notice to you. Notice may be given by email to the address you have provided to us, or by any other means. Registration fees for classes, workshops and other events that are canceled by The Den Meditation will be refunded in full unless you choose to apply the fees to registration in a rescheduled or different class, workshop or event.
If you choose to cancel a registration in a class, and The Den Meditation receives your cancellation before the class begins, the registration fees for the class will be refunded in full.
If you choose to cancel a registration in a workshop or event, the registration fees will be refunded as follows: 100% percent of the registration fees for the workshop or event will be refunded if The Den Meditation receives your cancellation at least 48 hours before the workshop or event begins, and 50% of the registration fees for the workshop or event will be refunded if The Den Meditation receives your cancellation at least 24 hours but less than 48 hours before the workshop or event begins. No refunds will be given for your cancellation of workshops and events if the cancellation is received less than 24 hours before the workshop or event begins.
Merchandise. For merchandise purchased from The Den Meditation, refunds are available as described below if the item is returned in the same condition in which it was purchased. A full refund will be given if the item of merchandise is returned to The Den Meditation within seven (7) days after purchase, and store credit will be granted in the full amount of the purchase if the item of merchandise is returned to The Den Meditation within thirty (30) days after purchase. No refunds are given for returns more than thirty (30) days after purchase.
7. GENERAL DISCLAIMERS AND CAUTIONARY NOTES
The following disclaimers and cautionary notes apply generally to The Den Meditation and The Den Meditation Services.
The contents of the Website and The Den Meditation Services, such as instruction, demonstration, sounds, text, graphics, images and software, including that licensed or used by The Den Meditation to permit users to access the Website, are collectively referred to herein as “Content.” Without limiting any other notices and disclaimers in the TOU, please note that the Website and the Content are made available without warranties or guaranties of any kind, and The Den Meditation disclaims any liability for any injury or damage resulting from the use of the Website, the Content, and/or any information, services, product, or other resources that may be mentioned or made accessible through the Site.
You acknowledge that in accessing the Website, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of The Den Meditation. Accordingly, The Den Meditation assumes no liability for or relating to the delivery, delay, failure, interruption, or corruption of the Content, or any portion thereof, or any data or other information transmitted in connection with use of the Website.
The Website and the Content are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, The Den Meditation disclaims all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose. The Den Meditation makes no representations or warranties about the accuracy, reliability, completeness, correctness, security or timeliness of the Content. Likewise, The Den Meditation does not make any warranty that the Content on the Website satisfies any applicable laws or government regulations.
In no event shall The Den Meditation be liable for any damages whatsoever, (including, without limitation, actual, direct, indirect, compensatory, special, punitive, exemplary, incidental and consequential damages, lost profits, or damages resulting from litigation, lost data or business interruption) resulting from use or inability to use the Website or the Content. This disclaimer applies, without limitation, to any damages or liability based on warranty, contract, tort or any other legal theory, to any damages or injury arising from The Den Meditation’s removal or deletion of any materials or records, or any failure of performance, error, omission, interruption, deletion, transmission, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, or unauthorized access to, alteration of, or use of any materials or records, and whether or not The Den Meditation is advised of the possibility of such damages or liability.
8. THE DEN MEDITATION’S INTELLECTUAL PROPERTY RIGHTS – USE OF WEBSITE AND CONTENT; COPYRIGHT
Upon acceptance of the TOU, The Den Meditation authorizes you to view the Website and Content that The Den Meditation makes available and to register for and participate in the services offered by The Den Meditation at physical locations. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, the Website result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of The Den Meditation.
Website Use. The Den Meditation grants you a limited, non-exclusive and revocable license to use this Website solely for your own personal use, and not for distribution, assignment, sublicense, sale, preparation of derivative works, or other unauthorized use. Other than printing or downloading of one or more pages or screens of the Website for your personal use, you are not allowed to print any pages or screens from the Website, or to download pages or screens for local storage or distribution, without the prior written consent of The Den Meditation. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Website and/or any of the Content, in whole or in part, without the prior written consent of The Den Meditation, which may be conditioned or denied in The Den Meditation’s sole and absolute discretion.
Copyrights and Trademarks of The Den Meditation. The Den Meditation reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of The Den Meditation. THE DEN MEDITATION is a trademark and service mark of The Den Meditation, LLC. You agree not to use or display trademarks and/or service marks owned by The Den Meditation without its prior written consent. Other copyrighted materials or trademarks not owned by The Den Meditation that may appear on, at or through the Website are used either by permission of the copyright and/or trademark owners, or pursuant to the Fair Use Doctrine under copyright law and/or trademark fair use, and are the property of their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement.
The Den Meditation will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of The Den Meditation: Alexandra S. Kelly
Full Address of Designated Agent to Which Notification to The Den Meditation Should Be Sent: Alexandra S. Kelly, Liner LLP, 1100 Glendon Ave., 14th Floor, Los Angeles, CA 90024.
Telephone Number of Designated Agent: (310) 500-3410
Facsimile Number of Designated Agent: (310) 500-3501
Email Address of Designated Agent: [email protected]nerlaw.com
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the allegedly infringing material and information reasonably sufficient to permit the designated agent or service provider to locate such allegedly infringing material;
- Information reasonably sufficient to permit the designated agent or service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
Links to Other Sites. The Website may contain links to third party websites. Any such links are provided solely as a convenience to you. The Den Meditation is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any materials on such third party websites. If you access any linked third party website, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use for those sites.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website and Content. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.
Prohibited Conduct. You agree not to access the Website for any purpose except those specifically authorized by The Den Meditation. You agree not to engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of the Website; the interference with access and/or use of the Website by other users; the addition, deletion and/or modification of the Website; the unauthorized collection, recording, storage, and/or use of personal data about other The Website users; the breach, or attempt to breach, the security and/or authentication features of the Website; the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by The Den Meditation in connection with the Website; the use of the Website to send unsolicited communications, whether personal or commercial in nature; the use of the Website as a pseudonymous return email address; and/or the registration or use of any domain name or keyword that contains or is confusingly similar to THE DEN MEDITATION or any other trademarks or service marks owned by The Den Meditation. Without limiting the foregoing, and by way of example only, the user may not introduce any viruses, Trojan horses, worms, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.
Termination of Right to Use The Den Meditation Services. If you violate any of the TOU, your permission to access or use the Website and Content, and permission to register for and participate in services offered by The Den Meditation at physical locations, may be terminated at the sole discretion of The Den Meditation. The Den Meditation reserves the right to release current or past user information in the event that The Den Meditation, in its sole discretion, believes, or has reason to believe, the Website is being used in violation of the TOU, or in violation of any local, state or federal law.
Indemnity. You agree to defend, indemnify and hold The Den Meditation, its officers, directors, employees, agents, members, partners, affiliates, licensors, and/or suppliers, and their respective parent companies, affiliated entities, successors, licensees, and assigns and their respective officers, directors, employees, representatives, agents, advertising and promotion agencies, and independent contractors harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website and/or its Content. The Den Meditation shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of The Den Meditation against any such claim, suit or proceeding.
Jurisdiction and Applicable Law. The Website is operated by The Den Meditation from its offices in the State of California, United States of America. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of The Den Meditation Services. You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Los Angeles County, California, in connection with any dispute or claim relating to the Website, the TOU and/or the Content involving you, The Den Meditation and/or its officers, directors, employees, affiliates, subsidiaries, shareholders, contractors, telecommunication providers and content providers. The TOU are governed by the laws of the State of California, without respect to its conflict of laws principles.
Severability. If any provision of the TOU is found to be invalid by any court having competent jurisdiction, the remaining provisions of the TOU shall remain in full force and effect.
Waiver. The failure of The Den Meditation to exercise or enforce any right or provision of the TOU shall not operate as a waiver of such right or provision. No waiver of the TOU shall be effective unless it is in writing and signed by an authorized representative of The Den Meditation. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.
Relationship of the Parties. Nothing contained in the TOU or your use of the Website or Content shall be construed to create or constitute a relationship of The Den Meditation with the user as a partner, joint venturer, employee or agent of The Den Meditation, nor are you permitted to hold yourself out as partner, joint venturer, employee or agent of The Den Meditation.
Binding on Successors. The TOU is binding on and shall inure to the benefit of The Den Meditation and its licensees, successors and assigns.
Complete Agreement. Except as expressly provided in notices posted on the Website, or otherwise expressly provided by The Den Meditation in writing, such as when you voluntarily participate in any services provided by the Website, the TOU constitute the entire agreement between you and The Den Meditation with respect to your use of the Website and/or the Content.
The Den Meditation, LLC
9301 Wilshire Boulevard, #507
Los Angeles, CA 90210
Including Children’s Online Privacy Protection Policy and “Your Privacy Rights” for California Residents for The Den Meditation Website (www.denmeditation.com)
Effective and last revised on July 28, 2016
The Den Meditation complies with the provisions of the Children’s Online Privacy Protection Policy, California’s “Shine the Light” law and all other applicable privacy laws.
Two types of information are collected from Website users, namely, personal information that users supply to us voluntarily, such as names and email addresses, and aggregated information that is not personally identifiable, such as Website traffic patterns.
The Den Meditation collects personally identifiable information from you only when you choose to provide this information to us, such as when setting up an account and/or registering for the services provided by The Den Meditation at physical locations. Providing personal information in these instances is solely your choice; you do not need to provide such information to browse or access The Website as a visitor. When you access the Website, we may collect basic information that does not identify individual users, such as which pages users access or visit, information that is used to better understand and improve the usability, performance and effectiveness of the Website, as described below in the Sections entitled “Cookies” and “Third Party Analytic Services.”
The types of personal information that The Den Meditation may collect about you through the Website, may include (a) your contact information (e.g., name, address, e-mail address, phone/fax numbers, etc.) and (b) any other personal information that you may voluntarily provide to us in an online form or through an email. If you are using the Website to create an account with The Den Meditation and/or to register for the services offered by The Den Meditation at physical locations, we collect the information requested on our account application forms and registration forms.
We do not share the personal information that we collect with third parties.
There may be occasions when we are required by law, legal process, litigation and/or requests from public or governmental authorities to provide access to our records and/or to disclose information about you. We may also disclose information about you if we determine that disclosure is reasonably necessary to protect our operations or users, or to enforce our TOU. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities and may, in our sole discretion, disclose personal information or other information to satisfy any law, regulation, subpoena, or government request. We reserve the right to release personal information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our TOU, even without a subpoena, warrant or court order, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate the Website or to protect the rights or property of The Den Meditation, our officers, directors, employees, agents, licensors, users and others. We also reserve the right to report to law enforcement agencies any activities that we reasonably believe in our sole discretion to be unlawful. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records, unless doing so would violate the law or unless you have not provided your email address to us.
Third Party Analytic Services
The Den Meditation may use third party services to collect anonymous visitor data from the Website. If The Den Meditation uses third party services to collect such information from the Website, the third party services will not collect any personally identifying information, but may instead collect anonymous visitor information such as IP addresses, browser types (e.g., Internet Explorer, Safari, Chrome, Firefox, Mozilla), the accessing app, or referring pages and websites. The Den Meditation may use these third party services to collect this non-personally identifiable information for various purposes, such as: (i) providing anonymous statistical analysis of web page traffic patterns; (ii) administration of our services and servers; (iii) auditing of our services (iv) improving our services.
Please note that The Den Meditation reserves the right to link IP addresses and information supplied by the Internet Service Provider, Webhost or analytic service to personally identifiable information when necessary to protect the integrity and security of the Website.
What Security Procedures are in Place to Protect My Personally Identifiable Information?
The Website and servers have security measures in place, such as firewalls and other security technologies, to protect against the loss, misuse and alteration of your personal information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, we take reasonable precautions to prevent such occurrences.
Children’s Online Privacy Protection Policy
The Website is not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to The Website or in response to advertisements. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by The Den Meditation, please contact us immediately by sending an email to [email protected] so that we may take appropriate steps to remove such information from our database.
Email and Opt Out Procedure
How to Contact Us; Updating and Correcting Information
Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents
(“Shine the Light” Law)
California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct marketing purposes.
Please be advised that The Den Meditation does not share personal information that has been collected online with third parties for direct marketing purposes. However, if you are a California resident and you provided personal information to The Website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to The Den Meditation for a description of the information we may have provided to third parties. To submit your written request, please use our contact form at https://www.The Website/contact/The Den Meditation and let us know that you are making a California Privacy Request.
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.
We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.