Terms of Use

Last Updated on October 22, 2018

Welcome to ThinkWell-LiveWell.

These Terms of Use govern your use of the website located at www.thinkwell-livewell.com (the “Website”) and the application accessible via the Website or anywhere else (the “App”). The Website and the App together are referred to as the “Services” throughout these Terms of Use (the “Terms”).

Our Services are designed to help you achieve a better state of mindfulness and mental well-being. We are not, however, doctors or medical professionals. We do not provide any medical advice.

If you are experiencing a medical emergency, please call 911 (US and Canada) or your local emergency services number.

 


Agreement

When you use the Services, you are agreeing to be bound by these Terms, which is a legally binding agreement between you and ThinkWell-LiveWell LLC (“us”, “we” or “our”), which owns the Website and the App. If you do not wish to agree to these Terms, then you must not use the Services.


Changes to the Terms

We reserve the right to change or update these Terms at any time. If we do make changes, we will post them on this page and send you a notice at the email address you have submitted to us. By continuing to use the Services, you are indicating your agreement with the modified or updated Terms.


Privacy Policy

By using the Services, you agree that such use is subject to our Privacy Policy and you expressly consent to the Privacy Policy. Please read the Privacy Policy to learn how we collect, use, and disclose your information.


Arbitration Notice

Please review the Dispute Resolution / Arbitration Clause of these Terms. The Dispute Resolution / Arbitration Clause requires arbitration for certain disputes that arise between you and us. Unless you opt out of the Arbitration Clause under the procedure contained in that clause, you agree that certain types of disputes between you and us will be resolved by binding arbitration. You are further waiving your right to a trial by jury or participation in any class action lawsuit.


Using the Services

The Services are intended for adults age 18 or over. To complete any purchase of the Services, you must be at least 18 years of age and capable of forming a binding contract. If you are at least 13 years of age, you may use the Services only on an adult’s account and under their supervision. Children under the age of 13 must not use the Services.

In order to access the Services, you will need to create a ThinkWell-LiveWell account (“Account”). Please ensure the information you provide for your Account is complete and accurate. You will be responsible for updating the information in your Account in case of any changes. You agree to keep your Account information, including your password, to yourself, and to notify us of any unauthorized use of your Account. You will be responsible for any purchases made through your Account. We reserve the right to suspend or terminate your Account in case of any irregularities or questionable activities.

Accounts are personal in nature and may not be shared with, transferred to, or sold to, any other person.

Data rates may apply if you use the Services on a mobile device. You agree to be responsible for all such charges.


Important Conditions for Using the Services & Medical Disclaimer

You understand and agree that you are solely responsible for how, when and where you use the Services. Do not use the Services when you are driving, cycling or operating heavy machinery, or whilst you are engaged in another activity that requires your concentration. We recommend you use the Services in a quiet place where you can sit and relax and even safely close your eyes.

We are not a medical service provider nor do we give medical advice. Any information provided through the Services is intended for general informational purposes and should not be relied upon as medical advice. If you have medical or mental health questions in connection with using the Services, you must consult with your doctor or healthcare provider before using the Services. If you suffer from anxiety or depression or other mental health conditions, then you must consult with your healthcare provider before using the Services.

We believe that meditation, mindfulness, and other techniques can provide an array of amazing benefits. However, we make no claims, representations or guarantees that the Services cure or treat any disease, disorder, or affliction.


Membership

You may be able to use only limited features of the Services for free. In order to use all the Services within the ThinkWell-LiveWell App, you will need to purchase a paid membership (“Membership”). Membership is by subscription under one of the following plans:

  • Monthly Membership at $9.99 per month
  • Quarterly Membership at $23.99 per quarter
  • Yearly Membership at $79.99 per year

When you purchase a Membership, you agree to pay the Membership fees. The subscription prices above include local taxes. You further agree that we may charge your credit or debit card to collect those fees on the interval associated with your Membership. You alone are responsible for any service or other fees charged by your bank or other card provider.

Membership subscriptions do not automatically renew at the end of each period. You may renew at any time through the app and we will remind you to renew as you are approaching the end of your subscription period, whether monthly, quarterly or yearly. If you do not choose to renew, your Membership will be canceled at the end of your current subscription period. No refunds or credits will be given under any circumstance. If your Membership is canceled, your Account will still remain active but without access to any paid Membership features. You may request that your Account also be deleted by emailing [email protected]com.

We reserve the right to change our pricing and Membership options and plans at any time. However price changes will apply only to new Memberships and not to existing Memberships.


Content Ownership and Rights

“Content” means all of the materials and information that are available via the Services, including, but not limited to, audio, video, music, text, images, graphics, animations, software, and works of authorship of any kind. We have exclusive ownership of, or a license to use, all of the Content, including all intellectual property rights. The Services and the Content are all protected by copyright, trademark and other intellectual property laws of the United States and other countries.

“User Content” means any Content that you and other users provide through the Services. We will not claim ownership rights to User Content; however by contributing User Content, you are granting us a non-exclusive, worldwide, perpetual, sub-licensable, royalty-free license to use, display, and distribute that User Content, or any derivatives of it, in any way we see fit, as long as it is in connection with the Services and the App. User Content may be used without attribution.

When you provide User Content, you represent and warrant to us that you hold the rights to your User Content and that you are not infringing anyone else’s rights, including copyright, trademark, privacy or confidentiality or any other rights. You will not post inappropriate User Content: anything that is hateful, harassing, threatening, defamatory, obscene, pornographic or otherwise illegal. If you are in doubt, do not post, or check with us in advance of posting. We reserve the right to remove any User Content that we find disagreeable, at our sole discretion. We may modify or delete User Content at any time.

If your Membership or Account is terminated for any reason, or if the Services are discontinued, you may lose access to your User Content. We will not be responsible for any loss of User Content. We encourage you to make frequent backups of any User Content you wish to keep.


License

We grant you a limited, non-exclusive license to run the App and use the Website solely for your own personal use. You may not transfer this license nor sublicense the license to any third party. You may not reproduce the App in any form, including copying, modifying or creating derivative works. You may not distribute the App to any third party, including renting, leasing, or transferring in any manner.

We also grant you a limited, non-exclusive license to use the Content, however only in connection with your use of the Services. This license means you may view, download, and display Content only in a manner that is in compliance with these Terms. You may also use any User Content that has been contributed to the Services.

Your licenses are conditioned on your compliance with these Terms.


Acceptable Use

It is our mission to make ThinkWell-LiveWell an enjoyable and safe place for everyone. In order to maintain the safety and usability of the Services, we require that users follow the below rules:

  • You may not decompile, index, image, disassemble or reverse engineer the Services in any way.
  • You may not use the Services for any purpose that is illegal, harassing, fraudulent, defamatory, abusive, offensive, or injurious to any person or business.
  • You may not interfere with the ability of any person to access the Services. This includes any sort of distributed denial of service attack or other malicious attempt to interfere with the availability, connectivity, or uptime of the Website or the App.
  • You may not submit any information to the Services that is untrue, inaccurate, or misleading in any way.
  • You may not use the Services in any commercial way. This means that you may not resell access to the Content found on the Services.
  • You may not copy, sell, share, modify, license, or distribute any of the Content or User Content (other than your own User Content).

Termination

You may terminate your Membership, your Account, or both by emailing us at [email protected]

Your Account, including any Membership, may be terminated by us at any time with or without notice. In addition, you may be unable to access the Services during some periods when we are conducting maintenance, implementing upgrades, or experiencing technical difficulties. We will not be responsible for any damages caused by your inability to access the Services or any termination of your Account or Membership.

These Terms of Use will continue to be valid even after termination of Membership by either you or us.


Copyright Infringement

We take copyright infringement seriously. The Digital Millennium Copyright Act (“DMCA”) allows copyright owners who believe that their rights under the United States Copyright Act have been infringed by third parties on the internet to seek relief. If you believe that someone has posted your copyrighted work on the Services in a way that constitutes copyright infringement, you may provide our designated agent with a proper notice. Upon receipt of a proper notice of alleged infringement, we will promptly remove the allegedly infringing material and follow all steps in the DMCA. Your notice must include all of the following:

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the allegedly infringing material is located within the Services.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, or email address.
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent may be reached at: ThinkWell-LiveWell LLC, 2850 34th Street North #378, Saint Petersburg, Florida 33713, USA.


Third Party Links

Whilst using the Services and the App, you will come across links to third party websites and other resources. The links are provided for your use should you choose to use them. We are not responsible for the content available through those links, or for the privacy practices of any other websites or apps, and you bear all responsibility if you choose to use them. However if you do find inappropriate or offensive content through a link on the App, please let us know so that we can take appropriate action.


No Warranties

The Service is provided “as is” and “with all faults,” without any warranties or representations of any kind, whether express or implied, including (but not limited to) any warranties for fitness for a particular purpose, warranties of merchantability, warranties of accuracy, warranties of non-infringement, or warranties of quality.
We do our best to provide great content. However, it is impossible to ensure that all Content is accurate and up to date. You acknowledge that (i) you may be unable to access or use the Service from time to time and that (ii) Content may not be accurate, complete, or up to date.


Indemnification

You agree to indemnify and hold harmless our owners, officers, directors, employees, affiliates, licensors, agents and suppliers (collectively, “Affiliates”) from and against any and all claims, disputes, liabilities, expenses and damages, including legal and accounting costs, arising in any way from your use of the Services, your violation of these Terms, or your violation of any applicable law.


Limitation of Liability

We and our Affiliates will not be liable for any special, consequential, indirect, exemplary or punitive damages arising from, or related to, the use of, or the inability to use, the Services, your interactions with us or any other users, or lost profits, even in the event that we or our Affiliates have been advised of the possibility of such damages.

In no event will our and our Affiliate’s total aggregate liability to you for all damages, losses, expenses, claims, and causes of action (whether arising in tort, contract, fraud, or otherwise) arising from your use of the Services or any breach of these Terms exceed a sum of 500.00 US dollars.

You agree to use the Services solely at your own risk.


Dispute Resolution / Arbitration Clause

We really hope there will not be any cause for disputes between you and us, but just in case, please read this clause carefully as it places limits on the remedies that will be available to you in case of a dispute with us.

There are two exceptions:

(i) In case of actual or potential infringement of intellectual property rights (copyrights, trademarks, logos, trade secrets or other intellectual property rights), each party has the right to bring an action in a court of competent jurisdiction.

(ii) You can opt out of this arbitration clause. If you wish to opt out of this clause, you must send us an Arbitration Opt-out Notice within 30 days of your acceptance of these Terms. You can send us the Notice by email to [email protected] or by post to ThinkWell-LiveWell LLC, 2850 34th Street North #378, Saint Petersburg, Florida 33713, USA. The Notice must contain the following information in order to be valid: your name, your address, the email address you used for your ThinkWell-LiveWell Account and a clear and unambiguous statement that you wish to opt out of this arbitration clause.

If a dispute arises from your use of the Services, or in connection with these Terms, and if we cannot resolve the dispute amicably or in small claims court, and if neither of the above exceptions (i) or (ii) in this clause 17 applies, then that dispute will be resolved by binding arbitration on an individual basis through the American Arbitration Association (the “AAA”) under the AAA Consumer Arbitration Rules (the “AAA Rules”) and conducted by a single neutral arbitrator. If the AAA is not available to arbitrate, then the parties will select an alternative arbitration body. If any provisions of the AAA Rules conflict with these Terms, those provisions of the AAA Rules will not apply. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

If you want to initiate arbitration, you must provide us with a written Demand for Arbitration according to the AAA Rules. If we want to initiate arbitration, we must provide you with the same. We will then agree on a single arbitrator from the AAA’s roster of arbitrators. If we cannot agree on an arbitrator within 14 calendar days of delivery of the Demand for Arbitration, then the AAA will appoint an arbitrator in accordance with the AAA Rules.

If you have not opted out of this arbitration clause, then you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a claimant or class member in any purported class or consolidated action or representative proceeding.

Arbitration will be held within the State of Florida.

The Federal Arbitration Act governs this dispute resolution clause.


Miscellaneous Terms

These Terms constitute the entire agreement between you and us as it relates to your use of the Services and they replace any previous understandings between us.

We will not be responsible for any delay in performance or non-performance as a result of any factor beyond our control.

If any provision of these Terms of Use is deemed invalid, that determination will not affect the rest of these Terms; all other provisions will remain in full force and effect.

Any delay or inaction on our part to enforce any provision under these Terms will not be deemed a waiver of our right to enforcement. We reserve the right to exercise any remedies available to us under these Terms of Use or under the law.

These Terms of Use are governed by the laws of the State of Florida without regard to conflict of laws provisions. In the event of a dispute between the parties, any arbitration or lawsuit (if appropriate) will be brought exclusively within the State of Florida.


Contact Information

In case of any questions regarding these Terms of Use or the Services, please contact us at [email protected].