MindfulU Institute, LLC

Product Purchase Agreement

THE AGREEMENT: This Product Agreement (hereinafter, “Agreement”) is made by and between MindfulU Institute, a Limited Liability Company, hereinafter referred to as “Provider,” and you, further defined below as participant in the Course, also defined below.

This Agreement shall govern the use of all pages, screens, handouts, and presentation in the product bundle (all collectively referred to as “product”) and any information provided by this product creator, and/or on the Provider’s website (“Website”).

ARTICLE 1 – DEFINITIONS

1. A) The parties referred to in this Agreement shall be defined as follows:
2. I) Product Provider, us we: Product Provider, as the creator, operator, and publisher of the product, is responsible for providing the product publicly. Product Provider, us, we, our, ours, and other first-person pronouns will refer to the Product Provider, as well as, if applicable, all employees and affiliates of the Product Provider.
3. II) You, the user, the participant: You, as the participant in the course and user of the product content, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.

III) Parties: Collectively, the parties to this Agreement (Product Provider and You) will be referred to as Parties.

1. B) The product details are as follows:
2. I) Product Name: Assessment Template Bundle
3. II) Product Period: You will have access to the online platform where products can be downloaded upon payment, with access for 2 months to the materials distributed. It is upon you to ensure you have downloaded the items within that time period or repurchase will be required.

 

ARTICLE 2 – ASSENT AND ACCEPTANCE:

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the product registration immediately. If you do so after purchase, you will not be entitled to any refund. Product Provider only agrees to provide the products to you if you assent to this Agreement. No refunds for any reason.

 

ARTICLE 3 – LICENSE TO USE AND ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your accessing the product. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the practice of assessment (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your practice of assessment and evaluation within your business as a licensed clinician to the public. The materials may not be used for any other purpose, nor shared, claimed as your own intellectual property, nor profited from beyond your status as a clinician providing assessment to clients/patients. You also understand and warrant that many of the product tools are protected by copyright law and that, unless explicitly expressed, are not to be replicated for clinical use outside of your own practice.

If we suspect that the Product or Materials are being shared with any party, we reserve the right to immediately terminate any access provided by us and to seek legal recovery of theft of intellectual property.

We do not offer any promises or guarantees with regard to our Product or Materials. You hereby acknowledge and agree:

1. A) You are solely and exclusively responsible for the choices that you make with regard to the Materials contained within it, or any significant changes to your business or life;
2. B) You are solely and exclusively responsible for your own jurisdiction’s requirements for the production and use of these types of products. You are solely responsible for the branding, customization, wording, and requirements for modifications you make to these templates. These Products are templates that serve as a basic guide from which you will customize to meet your practice and jurisdiction needs and mandates.
3. C) You are solely and exclusively responsible for clinical practice within the guidelines set forth by your country, state, providence, and/or licensing board. You are encouraged to seek counsel if you need guidance on any mandates.

We are not liable for any result of non-result or any consequences which may come about due to your participation in the use of these Products;

This purchase of these Products does not constitute a therapeutic or consultative relationship or a medical one. We do not provide therapy or medical services, and you are responsible for procuring these services at your own will and discretion if needed.

 

ARTICLE 4 – INTELLECTUAL PROPERTY:

You agree that the beyond the provided and purchased Materials in this bundle, the Website, and any other Services provided by the Provider are the property of the Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLSs), without expressed written permission from the Company.

 

ARTICLE 5 – YOUR OBLIGATIONS:

As a purchaser of these Products, you will be asked to register with us. When you do so, you may be asked to share your name, email address, create a password, provide your contact information and license. You are responsible for ensuring accuracy of this information. This identifying information will enable you to participate in the Product access. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Platform, Email, or the Website to further fraud or for unlawful activity is grounds for immediate termination of this Agreement, in addition to legal consequences.

 

ARTICLE 6 – PAYMENT AND FEES:

Your initial payment will secure access to the Products. The payment is non-refundable. If the payment authorization is declined, you will not be provided the Products. A declined card, for any reason, will constitute your implied decision to withdraw your enrollment in the transaction. You hereby agree that you understand that you cannot request a refund through your payment processor if you decide you no longer want the Product, dislike the Product, or for any other reason not mentioned.

 

ARTICLE 7 – ACCEPTABLE USE:

You agree not to use the Product or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Website in any way that could damage the Course, Website, Services, reputation, or general business of the Product Provider.

1. A) You further agree not to use the Product or the Website:
2. I) To harass, abuse, or threated others or otherwise violate any person’s legal rights;
3. II) To violate any intellectual property rights of the Provider or any third party;

III) To upload or others disseminate any computer viruses or other software that may damage the property of another;

1. IV) To perpetrate any fraud;
2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

 

ARTICLE 8 – AFFILIATE MARKETING AND ADVERTISING:

We may engage in affiliate marketing whereby we may receive a commission on or percentage of the sale of goods or services on or through the Course, Product, or Website. We may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

 

ARTICLE 9 – NO LIABILITY:

The Product, Courses, and Website are provided for information purposes only You acknowledge and agree that any information posted in the course of transacting with this Provider, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the transaction is at own risk. We do not assume responsibility or liability for any advice or other information given in the Courses, in the Materials, or on the Website.

 

 

ARTICLE 10 – REVERSE ENGINEERING AND SECURITY:

You agree to not undertake any of the following actions:

1. a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Courses, Product, or Website;
2. b) Violate the security of the Product, Courses, or Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any hos, user, or network.

 

ARTICLE 11 – DATA LOSS:

We do not assume or accept responsibility for the security of your account or content, or storage of any information obtained from the Product. You agree that your participation in the transaction or use of the purchasing platform is at your own risk.

 

ARTICLE 12 – INDEMNIFICATION:

You agree to defend and indemnify the Product Provider or any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Product purchase transaction, your use or misuse of the Website or materials, your break of this Agreement, or your conduct or action. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.

 

ARTICLE 13 – SPAM POLICY:

You are strictly prohibited from using platform for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

ARTICLE 14 – MODIFICATION AND VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting to the registration process and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part of sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

ARTICLE 15 – ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to the Product. This Agreement supersedes and replaces all prior or contemporaneous agreements or understanding, written or oral.

ARTICLE 16 – TERM, TERMINATION, AND SUSPENSION:

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

ARTICLE 17 – NO WARRANTIES:

You agree that your participation in the Product purchase, customization, or distribution within your practice, and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on as “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Product or Website will meet your needs or that the Product or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Product or Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation on the platform or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.

ARTICLE 18 – LIMITATION OF LIABILITY:

We are not liable for any damages that may occur to you as a result of your participation in the Product purchase and use, or your use the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Product Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

 

ARTICLE 19 – GENERAL PROVISIONS:

LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English Language.

JURISDICTION AND CHOICE OF LAW: Through your participation in the transaction and your use of the Product and Website, you agree that the laws of Puerto Rico shall govern any matter of dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the parties agree to submit to the personal jurisdiction of the territory and federal courts of Puerto Rico. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objections of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

ARBITRATION: In the case of a dispute between Parties relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following territory: Puerto Rico. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of Puerto Rico. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and State laws, ordinances, statutes, or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

NO AGENCY PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind to the other or third parties.

HEADINGS FOR CONVENIENCE ONLY: Heading of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.

Please contact MindfulU Institute, LLC if you have any questions or concerns at:

[email protected]

I have read and agree to the MindfulU Institute, LLC Product Purchase Agreement (this document).

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