Terms of Purchase

This Agreement sets forth the terms of purchase for your purchase from Mindfulness Exercises LLC. 

By placing your Order with Mindfulness Exercises LLC (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately. 

In these terms of purchase, “We/us/our” means Mindfulness Exercises LLC. “You/your” means you as a user of the Website and/or Customer of the Program/Services.

The Services

The Company provides a variety of educational resources and training materials for individuals wanting to learn mindfulness techniques, (including those who do or desire to provide training to others in the area of mindfulness), delivered digitally and through online courses or programs (as described below). 

The program content will be delivered on-line through the program website, or as otherwise indicated on your Order form page. If your purchase includes an online Program or Membership site access, you will use a unique username and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program. 

Policies differ between non-brandable and brandable products. Please read carefully the terms of purchase for each of our various services and offerings.

Non-brandable products include:

200 Guided Meditations Scripts:

This set of 200 Guided Meditation Scripts can improve your mindfulness practice, help you lead others in meditation with more confidence and skill, and grow your business or practice by increasing credibility.

300 Mindfulness Worksheets:

This package of 300 Mindfulness Worksheets is designed to support your personal practice and your professional offerings as a mindfulness teacher.

The Complete Mindfulness Toolkit:

The Complete Mindfulness Toolkit is a bundle of resources designed to support your personal practice. It includes 3 mindfulness courses, 3 mindfulness eBooks, 330 mindfulness worksheets, and 200 guided meditation scripts.

Mindfulness at Work:

50 single page PDFs to help improve mindfulness in the workplace. Plus, an additional 18 brief tutorials and mindfulness meditations for reducing workplace bias.

Mindfulness Teaching Fundamentals Course:

This is an add-on product. This self-paced, step-by-step course will provide you with everything you need to know about teaching mindfulness in secular, professional environments. It offers the opportunity to apply for a Certificate of Completion (which is different from the certificate offered as a mindfulness teacher in the Mindfulness Meditation Teacher Training Program).

Online Mindfulness & Meditation Retreats with Sean Fargo:

Online retreats with Sean Fargo are an opportunity to gather virtually to deepen your personal mindfulness practice and connect mindfully with others. Retreats include guided meditations, teachings, and opportunities to ask questions of Sean and his team.

60 Audio Meditations for Reducing Stress and Anxiety:

This is an add-on product that offers 60 audio meditation recordings to help reduce stress and anxiety.

The following products and services contain white-labeled offerings and are subject to these additional White-Label Terms of Use:

Mindfulness Meditation Teacher Training Program:

The Mindfulness Meditation Teacher Training Program is an online, self-paced program that teaches students how to share mindfulness with others. It offers accredited certification as a mindfulness meditation teacher upon successful completion of the program requirements. It includes a variety of white-labeled resources (workbooks, slides, articles and a 10-session curriculum) that teachers may re-brand to share with their students and others.

Mindfulness Teaching Resources:

This add-on package offers a variety of resources to support mindfulness teachers in delivering their teachings. It includes a sample 15-day curriculum, videos, eBooks and additional downloadable resources.

Brandable Mindfulness Teaching Curriculum:

The Brandable Mindfulness Curriculum is a downloadable white-labeled 10-week mindfulness curriculum that mindfulness teachers can use as a guide to share mindfulness with others. There are two versions of the curriculum: one for teaching to adults and one for teaching to teenagers.

365 Brandable Social Media Templates:

The 365 Brandable Social Media Templates are an easy, done-for-you solution to help you save time, increase your social media profile engagement and inspire others all over the world. These customizable templates are easily edited using FREE Canva software.

Payment

Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the stated amount for your services. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be prepaid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.

Refund Policy

Refund policies differ between non-brandable and brandable products. Please read carefully as the refund conditions for each of our various services and offerings may vary.

(For any products or offerings that permit a refund period, please email us within the specified window following the purchase date at support [at] mindfulnessexercises [dot] com to request a refund).

Non-brandable products include:

200 Guided Meditation Scripts:

This offer comes with a 100% money-back guarantee. You have 60 days to test-drive the materials and determine whether you feel like they are a fit for you. If you’re not happy for any reason, let us know within 60 days of your purchase date and we will issue you a refund.

300 Mindfulness Worksheets:

This offer comes with a 100% money-back guarantee. You have 60 days to test-drive the materials and determine whether you feel like they are a fit for you. If you’re not happy for any reason, let us know within 60 days of your purchase date and we will issue you a refund.

The Complete Mindfulness Toolkit:

There are no refunds available for this offer. Please be sure that it is a fit for you before you purchase.

Mindfulness at Work:

This offer comes with a 100% money-back guarantee. You have a full 60 days to go through everything and see what results you get. If you’re not happy for any reason, let us know within 60 days of your purchase date and we will issue you a refund.

Mindfulness Teaching Fundamentals Course:

There are no refunds available for this offer. Please be sure that it is a fit for you before you purchase.

Online Mindfulness & Meditation Retreats with Sean Fargo:

If you are unsatisfied with the retreat, refunds can be requested during the retreat itself by emailing us at [email protected]. No refunds will be issued before and after the retreat.

60 Audio Meditations for Reducing Stress and Anxiety:

There are no refunds available for this offer. Please be sure that it is a fit for you before you purchase. 

The following products and services contain white-labeled (brandable) offerings and are subject to these additional White-Label Terms of Use:

Mindfulness Meditation Teacher Training Program:

Once the Program commences you have the life of the Program to complete all Program requirements. Once you have purchased the Program, there will be no refunds available, regardless of your participation in the Certification Program. Please ensure that it suits the purpose for which you desire to use it before purchasing.

Comprehensive Mindfulness Teaching Resources & Curriculum:

There are no refunds available for this offer. Please be sure that it is a fit for you before you purchase. 

Brandable Mindfulness Teaching Curriculum:

Given the brandable nature of this product, all sales are final. Once you purchase the curriculum, you can customize and use it anytime going forward. As a result of this unique feature, we do not offer any refunds on this product.

365 Brandable Social Media Templates:

Both packages (Regular and Premium) come with a 48-hours money back guarantee so you can feel at ease giving the templates a try. If you genuinely don’t find these done-for-you mindfulness templates useful in saving you time with your social media posts, simply send us an email at support [at] mindfulnessexercises [dot] com within 48 hours after purchase.

Confidentiality & Non-Disclosure Agreement

You are free to speak, write and share about your own experiences from the Services or Program, but you agree to keep all information shared by others confidential, including all information shared by others inside of the on-line community associated with any Program. This provision specifically applies to and includes content shared within the membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at support [at] mindfulnessexercises [dot] com.

Communications

The online community associated with the Services or Program is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program and any associated online forum, which decision shall be in the sole discretion of the Company.

Term

This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.

Reservation of Rights

Company reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the services or program. 

Media Consent

Without expectation of compensation or remuneration, now or in the future, You give your consent to the Company to capture and include your image, likeness, and voice, in photographic, video or audio recordings created during the Program, Services or Event, all of which may be used for any commercial purpose, including future marketing or advertising purposes without limitation. 

Data Scraping Prohibited

Data scraping or data mining of any kind from this website, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the website, or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from any program services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.

Disclaimer

USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The program, services, or information is provided for educational and informational purposes only. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services.

The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve.

THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PROGRAM, SERVICES OR WEBSITE.

Medical Disclaimer

THE INFORMATION, PROGRAMS, OR SERVICES CONTAINED HEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTHCARE PROFESSIONAL. You should consult your physician or other health care professional before starting this or any other health related program to determine if it is right for your needs. The information offered through this site is educational only and does not replace professional medical advice, diagnosis or treatment.

If you have questions or situations requiring professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed physician, psychologist, or other health professional. Never disregard the medical advice of a psychologist or other health professional, or delay in seeking such advice because of the information offered or provided within or through the program, services or website.

If you are currently being treated by a physician or other healthcare professional for any condition or disease, do not modify your treatment program without your provider’s guidance or based on any information offered herein. If you have experienced trauma of any kind, we recommend that you work with a trained, licensed therapist or mental healthcare professional. None of our services or offerings are meant to treat, diagnose, heal, or cure any trauma or mental or physical illness. 

Earnings & Results Disclaimer

RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the program regarding income, earnings or results are provided as examples only, and do not guarantee you future earnings, income or results. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through the Company should be based on your own due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your business or personal or business. 

Relationship

Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.

Modification

The Company may modify this Agreement from time to time as required to protect our offerings and services. We will not modify material terms after your purchase without providing notice and obtaining your consent. You agree to be bound by the terms of this Agreement that are in place and posted to the Company’s website at the time of your purchase. You should review this Agreement regularly if you make a recurring purchase or multiple purchases through this Website to keep apprised of any changes.

Assignment

No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.

Third Party Beneficiaries

This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law

This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Alameda County, California.

Dispute Resolution & Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Berkeley, California, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”).

Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Alameda County, California may enforce the arbitrator’s award.

The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Berkeley, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

If arbitration is not permitted by law for any reason, Parties may litigate, which litigation shall occur in any court with jurisdiction in Alameda County, California.

Force Majeure

If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction

This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity. 

Binding Effect

This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Damage Waiver

Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program including due to the actions, statements or behavior of any third parties or participants of the Program. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Program or membership.

Intellectual Property

All materials provided to you as part of your Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company, unless permission is otherwise given here in these Terms (for example, the White-Label Terms of Use referenced above applicable to White-Label Products permit additional use beyond this Intellectual Property provision). Unless otherwise specified herein, you may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party unless otherwise explicitly stated.

Terms of Use Agreement

You agree to the terms and conditions of the Terms of Use Agreement found at www.MindfulnessExercises.com.

Privacy

You agree to the terms and conditions of the Privacy Policy found at www.MindfulnessExercises.com. If you attend any Company live event, you agree that any third-party vendor involved in the event [ticket sales, event facility registration, etc] may share your personal identifying information with the Company to allow us to serve you and other event attendees with the proper products and services, in accordance with our posted Privacy Policy. 

Waiver

The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default.  The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Severability

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Indemnity

You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party. 

Voidability

This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund. 

Entire Agreement

This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in certain portions of the Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing the Company at support [at] mindfulnessexercises [dot] com and requesting a copy of your “Program Terms of Purchase.” 

Contact

If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at support [at] mindfulnessexercises [dot] com.