These Terms of Use were updated on and are effective as of June 21, 2012.
This site (“Site”) is provided by Harmonious Holdings LLC (hereinafter referred to as “we”, “us” or “our”). Your use of this Site constitutes your acceptance of these Terms of Use (“Terms”). If you do not agree to abide by all of the terms and conditions contained in these Terms, you must not use or access the Site. We reserve the right to make changes to these Terms, which will be posted on the Site and become effective immediately upon posting. We may notify you about material changes to the Terms by placing a notice on the Site. Nonetheless, given the binding nature of the Terms as posted and made effective upon posting, we urge you to read these Terms each time you visit the Site.
Acceptance. By accessing this Site you: (i) represent and warrant that you are at least eighteen (18) years of age; and (ii) agree to all the terms and conditions of these Terms. You acknowledge that you have read and understood these Terms and that these Terms have the same force and effect as a signed agreement. You further agree that the Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States of America. Any dispute under or related to these Terms shall be brought exclusively in the state or federal courts located in Philadelphia, Pennsylvania, United States of America. You may terminate this agreement at any time by providing notice to us in accordance with the “Contacting Us” section below and discontinuing any use of the Site. We may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms; (b) if we are required to do so by law; (c) we no longer make the Site available for any or no reason, or (d) for any reason whatsoever. Termination of this agreement and of your access to the Site may result in the forfeiture and destruction of all information associated with your past use of the Site. This agreement will survive the termination of your access to the Site.
Privacy Policy. You may be required to provide personally identifiable information to use and /or access certain portions of the Site. You agree that any information that you provide to us will be accurate. Please review our Privacy Policy, which you also agree to and accept by using this Site, and which is specifically incorporated into these Terms.
General Usage of the Site. You agree that you will:
- allow us to contact you directly to: (i) fulfill your requests for information; (ii) communicate with you, including, but not limited to, providing you with emails, updates, e-newsletters or other similar communications regarding meditation, meditation-related activities, and/or other topics related to meditation and the Site; (iii) provide access to meditation or meditation-related aids and/or downloads; and (iv) provide support services.
- only use the Site as permitted by these Terms;
- not resell, frame, duplicate, reproduce or otherwise commercially exploit the Site or any goods or services shown on or provided in connection with the Site, without our prior written agreement;
- use the Site to violate any applicable local, state, federal or international law, rule or regulation; and
- not violate, infringe or misappropriate the rights of any third party, including but not limited to, copyright, patent, trademark, trade secret or other proprietary rights of any kind.
We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.
Links to Other Websites; Statement of Non-affiliation and Non-endorsement; Monetization by Us of Links to Other Websites. The Site provides links to websites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. To the extent that third party links are contained in the Site, such third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by us. We do not review, monitor or check the accuracy of content published on third party sites, and are not responsible for the availability of, or the content provided on, third party sites. If you choose to purchase any products or services from a third party or to post content on the website of a third party, your relationship is directly with the third party and we are not responsible for any loss or damage of any sort you may incur from dealing with any third party. WE HAVE CONTRACTUAL RELATIONSHIPS WITH CERTAIN THIRD PARTIES WHEREBY OUR POSTING OF LINKS TO SUCH THIRD PARTY WEBSITES AND/OR YOUR PURCHASE OF SUCH THIRD PARTY PRODUCTS OR SERVICES MAY RESULT IN A MONETARY BENEFIT TO HARMONIOUS HOLDINGS LLC.
No Professional Advice. The information on this Site is provided for informational and/or entertainment purposes only and is not intended or recommended as a substitute for medical or other professional advice.
Indemnification. You agree to indemnify, defend (at our election) and hold harmless us, our affiliates, and each of their officers, directors, employees, agents, suppliers, licensors, third party partners, successors and assigns from and against all claims, losses, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating to: (a) any violation by you of these Terms; (b) your illegal, unlawful, unauthorized and/or misuse of any content or other information, products or services provided to you by and/or through the Site; or (c) your use of the Site. Further, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification and hold-harmless obligations), in which event you will assist and cooperate with us in asserting any available defenses.
Warranty Disclaimer and Limitation of Liability. THE SITE, INCLUDING ALL CONTENT ON AND SERVICES OFFERED IN CONNECTION WITH THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU REPRESENT AND WARRANT TO US THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.
WE DO NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS PROVIDED BY OR POSTED ON THE SITE OR ANY PROFESSIONAL OR COMPANY WHO MAY USE THIS SITE. NOTHING CONTAINED ON THIS SITE SHALL CONSTITUTE AN OFFER OR PROMISE OF A SPECIFIC PRODUCT OR SERVICE.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVDIED BY OR POSTED ON THE SITE OR ANY LOSS, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, OUR LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, ANY PRODUCTS PROVIDED BY OR POSTED ON THE SITE, ANY SERVICES PROVIDED BY OR POSTED ON THE SITE, OR THESE TERMS SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US FOR THE CONTENT, PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DOING BUSINESS IN CALIFORNIA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY AND KNOWINGLY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND HEREBY EXPRESSLY AND KNOWINGLY WAIVE THE BENEFITS OF ANY LAW OF ANY STATE, COUNTRY OR TERRITORY SIMILAR TO THAT OF CALIFORNIA CIVIL CODE §1542.
How to Contact Us Any questions or concerns regarding these Terms may be presented by writing to us here.
Digital Millennium Copyright Act
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
To File A DMCA Notification with Us:
A written notification must be made. This can be done by written letter (regular mail or courier) to the address below for our Copyright Agent. Emails will not be accepted unless a prior arrangement has been made. The notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the infringing material that is posted on the Site and that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item on the Site.
3. Provide a reasonably sufficient method of contacting you (e.g., your phone number and email address).
4. (Optional) Provide information sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
5. Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent, or by protection of law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign and date the notification.
8. Send the written notification to the designated Copyright Agent here.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an certain material is infringing your copyrights. We recommend contacting an attorney if you are unsure whether Site material is protected by copyright laws.
To File A DMCA Counter-Notification with Us:
1. List the Site material that was removed by us, and the location at which the material appeared before it was removed. Please identify the material in sufficient detail for us to identify the material.
2. Provide your name, address, telephone number and email address (if available).
3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside.
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
6. Sign and date the counter-notification.
7. Send the written notification to the designated Copyright Agent here.
Miscellaneous. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms, our Privacy Policy or your use of the Site. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our Privacy Policy is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. These Terms supplement any terms set forth in a separate agreement between us and you, and these Terms shall not supercede those terms in the event of any conflict. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
