AGREEMENT BETWEEN USER AND EMILYSCHICKLI.COM

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS 

Welcome to emilyschickli.com and mindbodydharma.com. The emilyschickli.com and mindbodydharma.com website (the “Site”) is comprised of various web pages operated by Mind Body Dharma, LLC (“MBD”). emilyschickli.com and mindbodydharma.com and its subdomains are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of emilyschickli.com and mindbodydharma.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them from your referee.

emilyschickli.com and mindbodydharma.com is a coaching and e-Commerce Site.

Mind Body Dharma helps empower busy, high-vibe professionals to finally find the time and energy for self-care, understand and decrease stress, and develop powerful, bite-sized habits, so they can achieve their big goals and live their most balanced lives without the overwhelm. Mind Body Dharma does this through virtual coaching programs, events, retreats, online courses, and online education resources.

Privacy

Your use of emilyschickli.com and mindbodydharma.com is subject to MBD’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting emilyschickli.com and mindbodydharma.com or sending emails to MBD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosure and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MBD is not responsible for third party access to your account that results from theft or misappropriation of your account. MBD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

MBD does not knowingly collect, either online or offline, personal information from oerons under the age of thirteen. If you are under 28, you may use emilyschickli.com and mindbodydharma.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

emilyschickli.com and mindbodydharma.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of MBD and MBD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MBD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MBD of the site or any association with its operators.

Certain services made available via emilyschickli.com  and mindbodydharma.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the emilyschickli.com  and mindbodydharma.com domain, you hereby acknowledge and consent that MBD may share such information and data with any third party with whom MBD has a contractual relationship to provide the requested product, service or functionality on behalf of v users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use emilyschickli.com and mindbodydharma.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MBD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the SIte. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the SIte, is the property of MBD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and bide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MBD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MBD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MBD or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by MBD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for the compliance with all local laws. You agree that you will not use the MBD Content accessed through emilyschickli.com  and mindbodydharma.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MBD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of any terms of his Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MBD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MBD in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY  BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MBD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIND BODY DHARMA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISIONS OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIND BODY DHARMA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Disclaimer

Mind Body Dharma (herein referred to as “Coach”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, social media manager, registered dietician, financial analyst, psychotherapist or accountant. User understands that the Coach has not promised, shall not be obligated to and will not; (1) diagnose illnesses or act as or replace the advice of a trained medical provider; (2) procure or attempt to procure employment or business or sales for User; (3) perform any business management functions, including but not limited to, financial consulting, social media management, or brand management (4) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (5) act as a public relations manager. User understands that a relationship does not exist between the parties after the conclusion of a coaching program. If the Parties continue their relationship, a separate agreement will be entered into.

Termination/Access Restriction

MBD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice: To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the SIte. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, without limitation, this section.

You agree that no joint venture, partnership, or agency relationship exists between you and MBD as a result of this agreement or use of the Site. MBS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MBD’s right to comply with governmental. Court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the EM with respect to such use. If any part of this agreement 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 the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MBD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MBD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

MBD reserves the right, in its sole discretion, to change the Terms under which emilyschickli.com and mindbodydharma.com is offered. The most current version of the Terms will supersede all previous versions. MBD encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

MBD welcomes your questions or comments regarding the Terms:

Email Address: [email protected]

Effective as of February 12, 2018.