Mindful Kawa®

Terms and Conditions Agreement between User and www.mindfulkawa.com

 Welcome to www.mindfulkawa.com. The www.mindfulkawa.com website (the "Site") is comprised of various web pages operated by Mindful Kawa LLC ("Mindful Kawa"). www.mindfulkawa.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.mindfulkawa.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.mindfulkawa.com is an E-Commerce Site. 

We provide affordable, easy-to-follow, high quality Virtual Retreats designed to help you improve in a variety of aspects in your life. Virtual Classes and courses for online Retreats that offer a variety of self-discovery, self-development and healing tools, such as Guided Meditation, Yoga, Nutrition, Fitness, and many more.

By using this website http://www.mindfulkawa.com (“Website”), You are deemed to have read and agreed to the following  terms and conditions: The following terminology applies to these Terms and Conditions (Terms), Privacy Policy and any disclaimer  notice and any or all Agreements on this Website: “Customer”, “You”, “User”  and “Your” refers to you, the person accessing this Website and exploiting Our  Services/Products and therefore accepting the Company’s terms and conditions and; “User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of  the Services; the “Company”, “Our”, “We” and “Us”, refers to Our Company, Mindful Kawa LLC. “Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves.  “Product” refers to a unique product provided by our Company as a result of Our commitment and services  (“Services”).

 Your use of www.mindfulkawa.com is subject to Mindful Kawa's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Support
We will provide Customer support services to Our registered Users via electronic mail.  If You experience any  difficulties using Our Product please notify us using the following email: [email protected] with a subject line  “Support”. However, We will not be liable or in any way responsible for Your own technical issues, internet speed and  other related to Your access/device/location matters and We reserve the right to solely determine whether such  difficulty exists on Our side.

Visiting www.mindfulkawa.com or sending emails to Mindful Kawa constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.  

 

 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 Mindful Kawa is not responsible for third party access to your account that results from theft or misappropriation of your account. Mindful Kawa 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 

Mindful Kawa does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. In addition, If you are under 18, you must not use www.mindfulkawa.com. 

 

You can cancel your membership at any time. Please contact us at [email protected]. You can also request a refund - however, it must be done within 7 days from the subscription start date. If We believe You are abusing Our refund policy, such as if You’ve consumed a significant portion of a  Product that You want to refund or if you’ve previously refunded a Product, we reserve the right at Our discretion, to deny such refund, disable Your User Account and/or restrict all future use of the Services/  Product(s). If We disable Your User Account or disable Your access to Our Product due to Your violation of  these Terms or other Our policies, You will not be eligible to receive a refund.

 
User Content and Conduct
In case Our Services enable You to share your content ("User Content"), You retain all intellectual property  rights in, and are responsible for, the User Content You create and share. However, by submitting User Content  you grant other Users and Company the  right to share  Your User Content via any social media platform. As a user of the Site, you agree not to post any Prohibited Content: 1.  Profane language or content;2.  Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender,  marital status, familial status, national origin, age, mental or physical disability, sexual orientation,  gender identity, source of income or other protected status under applicable law; 3.  Inappropriate sexual content or links to inappropriate sexual content, nudity or obscene; 4.  Conduct or encouragement of illegal activity; 5.  Private and confidential information; 6.  Content that violates a legal ownership interest of any other party.

Intellectual Property of our Company
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases,  functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are  owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various  other intellectual property rights and unfair competition laws in various jurisdictions including EU and US,  international copyright laws, and international conventions.

 www.mindfulkawa.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mindful Kawa and Mindful Kawa 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. Mindful Kawa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mindful Kawa of the site or any association with its operators. Certain services made available via www.mindfulkawa.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mindfulkawa.com domain, you hereby acknowledge and consent that Mindful Kawa may share such information and data with any third party with whom Mindful Kawa has a contractual relationship to provide the requested product, service or functionality on behalf of www.mindfulkawa.com users and customers.  

 

 You are granted a non-exclusive, non-transferable, revocable license to access and use www.mindfulkawa.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mindful Kawa 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 Mindful Kawa or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide 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. Mindful Kawa 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 Mindful Kawa 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 Mindful Kawa or our licensors except as expressly authorized by these Terms. 

 

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Mindful Kawa has no obligation to monitor the Communication Services. However, Mindful Kawa reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mindful Kawa reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Mindful Kawa reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mindful Kawa's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mindful Kawa does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mindful Kawa specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mindful Kawa spokespersons, and their views do not necessarily reflect those of Mindful Kawa. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

 

Materials Provided to www.mindfulkawa.com or Posted on Any Mindful Kawa Web Page 

Mindful Kawa does not claim ownership of the materials you provide to www.mindfulkawa.com (including feedback and suggestions) or post, upload, input or submit to any Mindful Kawa Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mindful Kawa, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Mindful Kawa is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mindful Kawa's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

 

 The Service is controlled, operated and administered by Mindful Kawa from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mindful Kawa Content accessed through www.mindfulkawa.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 Mindful Kawa, 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 or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mindful Kawa 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 Mindful Kawa in asserting any available defenses.  

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Except as expressly authorized by Us, the Online Virtual Retreats, Courses/Classes may not be used for commercial purposes. It is forbidden to frame or link to any of Our Online Courses without our permission. You are not permitted to purchase Other Products for resale or other commercial use without Our express written permission, which may be withheld at Our discretion.

 

Mindful Kawa`s sweepstakes, promotions, games or contests (collectively, "Promotions") made available through the Site may be subject to rules that are distinct from these Terms. Please read the relevant provisions as well as Our Privacy Policy before participating in any Promotions. If the rules of a Promotion conflict with these Terms of Sale or Our Terms of Use, the rules of the Promotion will take precedence.

 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. MINDFUL KAWA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. MINDFUL KAWA 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, ONLINE COURSES, CLASSES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MINDFUL KAWA 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 MINDFUL KAWA 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 PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR 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 MINDFUL KAWA 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.

To the greatest extent permitted by law, you hereby release and waive all claims against Us and Our officers, subsidiaries, affiliates, agents, co-branders or other partners, licensors, customers and clients, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees), arising from or in any way related to your purchase of products or services. Furthermore, to the fullest extent permitted by law, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect. You expressly waive California Civil Code Section 1542, which states: "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," and you waive any other similar provision of any other applicable jurisdiction's laws.

Until you cancel, each membership subscription renews automatically  for successive periods (monthly or yearly). To avoid being charged for the next subscription period, you must cancel your subscription before it renews. You can cancel your subscription renewal at any time by contacting customer service at [email protected]. You will not be reimbursed for any fees you have already paid for your current subscription period.

 

 Mindful Kawa 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 Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona 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, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mindful Kawa as a result of this agreement or use of the Site. Mindful Kawa's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mindful Kawa'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 Mindful Kawa 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 Mindful Kawa with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mindful Kawa 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.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Purchases and Payment
We offer paid Product(s) for a fee. You are responsible for paying all fees  charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable  paid Product(s). When you make a purchase, you agree not to use an invalid or unauthorized payment method. 

By making a Purchase and providing payment information, you authorize Us (or Our third-party payment processor) to charge the total amount of your Purchase to your payment method (including any applicable taxes and other charges). Your Purchase may be suspended or cancelled if the payment method cannot be verified, is invalid, or is otherwise unacceptable. In order for us to proceed with your purchase, you must resolve any issues We encounter. By submitting payment information, you represent and warrant that: (1) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (2) the information you provide to Us is true, correct, and complete. By submitting such information, you grant Us permission to share it with third parties in order to facilitate the Purchase. You can purchase Our Product(s) via credit card or PayPal: If You choose to pay by  credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s applicable  fee. If You choose to proceed with a purchase via PayPal, You further authorize Us to use a third party to  process payments. By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party  Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that  we have no control whatsoever on such customer terms and conditions, and privacy policies.  IF You DO  NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy  policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any  third party policies.

Entire Agreement
The Terms constitute the sole and entire agreement between You and Us regarding this Website and supersede  all prior and contemporaneous understandings, agreements, representations, and warranties, both written and  oral, regarding the Services/Product(s)/Website.

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

Mindful Kawa welcomes your questions or comments regarding the Terms: 

Mindful Kawa LLC, P.O Box 50503 Mesa, Arizona, 85208 

Email Address: [email protected] 

Effective as of January 01, 2022