Terms of Service
Mindful Media Group Inc.
Last Updated June 30, 2023
Mindful Media Group Inc. (“Mindful Media Group,” “we,” “us,” “our”) provides its Services (described below) to you through its website located at www.mindfulmedia.group, https://www.wisdom.audio (the “Sites”) and through its mobile applications, Wisdom and other applications and related Services (the "Apps") (collectively, such Services, including the Apps and any new features and applications, and the Sites, are the “Services)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Mindful Media Group Inc. on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at www.mindfulmedia.group/privacy and the Codes of Conduct located at https://www.wisdom.audio/code All such terms are hereby incorporated by reference into these Terms of Service.
1. Access and Use of the Services
a. Services Description: The Services are designed to allow users to engage in voice-based conversations with mentors and experts (each, a “Mentor”), friends and other people. Each Service has a Code of Conduct applicable to it, which are incorporated by reference into these Terms. You can find those https://www.wisdom.audio/code
b. Your Registration Obligations: You may be required to register with Mindful Media Group in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration forms. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 13 years old to use the Services. If you are 13 years old or older, but under the age of 18, you represent that you have informed your parent or guardian of your use of the Services and that they have given consent for such use on your behalf.
c. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (a) immediately notify Mindful Media Group of any unauthorized use of your passcode or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Mindful Media Group will not be liable for any loss or damage arising from your failure to comply with this Section.
d. Optional Aspects of the Services: Certain users may apply to be Mentors, Top Mentors, or Ambassadors/Influencers on certain of the Services. For users wishing to apply for these positions, we may require social media usernames and other information such as age and educational background. Mindful Media Group's decision about whether to grant any user these positions is solely in our discretion.
e. Modifications to Services: Mindful Media Group reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Mindful Media Group will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
f. General Practices Regarding Use and Storage: You acknowledge that Mindful Media Group may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services, the types of content permitted, the categories of content, and the maximum storage space that will be allotted on Mindful Media Group’s servers on your behalf. You agree that Mindful Media Group has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services, including with no notice to you. You acknowledge that Mindful Media Group reserves the right to terminate accounts for any reason, including ones that are inactive for an extended period of time. You further acknowledge that Mindful Media Group reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
g. Mobile Services: The Services includes certain Services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Mindful Media Group and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us (for more information about information that we gather, please see our Privacy Policy). In the event you change or deactivate your mobile telephone number, you agree to promptly update your Mindful Media Group account information to ensure that your messages are not sent to the person that acquires your old number.
2. Conditions of Use
a. User Conduct: You are solely responsible for all voice, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Mindful Media Group. Mindful Media Group reserves the right to investigate and take appropriate legal action against anyone who, in Mindful Media Group’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
i. engage in any conversation or otherwise upload any content that (A) infringes any intellectual property or other proprietary rights of any party; (B) you do not have a right to upload under any law or under contractual or fiduciary relationships; (C) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (D) poses or creates a privacy or security risk to any person; (E) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (F) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (G) in the sole judgment of Mindful Media Group, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Mindful Media Group or its users to any harm or liability of any type;
ii. record any portion of a conversation without the expressed consent of all of the Mentors and users involved (note however that certain of the Services may include a recording feature, and use of that feature, where available, is permitted).
iii. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
iv. violate any applicable local, state, national or international law, or any regulations having the force of law;
v. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi. solicit personal information from anyone;
vii. harvest or collect email addresses, usernames, or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
viii. advertise or offer to sell or buy any goods or Services for any business purpose that is not specifically authorized;
ix. promote or aid in the building of a competitive product or service, copy the Services’ features or user interface, or solicit users or customers from the Services;
x. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
xi. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
b. Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
c. Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your personal use.
3. Third-Party Distribution Channels
a. Mindful Media Group offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and Services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and Services.
b. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
c. Mindful Media Group and you acknowledge that these Terms of Service are concluded between Mindful Media Group and you only, and not with Apple Inc. (“Apple”), and that as between Mindful Media Group and Apple, Mindful Media Group, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
d. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
e. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
f. Apple has no obligation whatsoever to provide any maintenance or support Services with respect to the Apple-Enabled Software.
g. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Mindful Media Group’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
h. Mindful Media Group and you acknowledge that Mindful Media Group, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
i. In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Mindful Media Group and Apple, Mindful Media Group, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
j. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
k. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Mindful Media Group as follows: email to support@socialaudio.com
l. Mindful Media Group and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
4. Intellectual Property Rights
a. Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Mindful Media Group, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Mindful Media Group from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Mindful Media Group, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Mindful Media Group.
b. The Mindful Media Group name and logos and the Sites are trademarks and Services marks of Mindful Media Group (collectively the “Mindful Media Group Trademarks”). Other Mindful Media Group, product, and Services names and logos used and displayed via the Services may be trademarks or Services marks of their respective owners who may or may not endorse or be affiliated with or connected to Mindful Media Group. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mindful Media Group Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Mindful Media Group Trademarks will inure to our exclusive benefit.
c. Third-Party Material: Under no circumstances will Mindful Media Group be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Mindful Media Group does not pre-screen content, but that Mindful Media Group and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Mindful Media Group and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Mindful Media Group, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
d. User Content Transmitted Through the Services: With respect to the User Content or other materials you upload through the Services or share with other users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Mindful Media Group and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, delete, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
e. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Mindful Media Group are non-confidential and Mindful Media Group will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
f. You acknowledge and agree that Mindful Media Group may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mindful Media Group, its users and the public. By using the Services, you consent to having your audio/voice recorded when you speak while using the Services. For certain Services, these audio recordings are accessible on profiles, where they can be accessed by users of the relevant Service, and may also be available for sharing by other users. Individual users on these Services may decide to remove the recordings from their profiles. However, for all of its Services, Mindful Media Group may nonetheless retain audio recordings solely to be used for Code of Conduct incident investigations. For more details on how this works, please consult our Privacy Policy and applicable Codes of Conduct. You also understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
g. Copyright Complaints: Mindful Media Group respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Mindful Media Group of your infringement claim in accordance with the procedure set forth below.
i. Mindful Media Group will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Mindful Media Group at support@socialaudio.com (Subject line: “DMCA Takedown Request”).
ii. To be effective, the notification must be in writing and contain the following information:
iii. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
iv. a description of the copyrighted work or other intellectual property that you claim has been infringed;
v. a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
vi. your address, telephone number, and email address;
vii. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
viii. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
h. Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
i. your physical or electronic signature;
ii. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of New Jersey and a statement that you will accept Services of process from the person who provided notification of the alleged infringement.
v. If a counter-notice is received by the Copyright Agent, Mindful Media Group will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
i. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Mindful Media Group has adopted a policy of terminating, in appropriate circumstances and at Mindful Media Group's sole discretion, users who are deemed to be repeat infringers. Mindful Media Group may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third-Party Websites: The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Mindful Media Group has no control over such sites and resources and Mindful Media Group is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Mindful Media Group will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or Services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Mindful Media Group is not liable for any loss or claim that you may have against any such third party.
6. Social Networking Services
a. You may enable or log in to the Services via various online third-party Services, such as social media and social networking Services like LinkedIn, Instagram or Twitter (“Social Networking Services”). In some instances, we may require provision of social media usernames for users of the Wisdom App or users who wish to become Mentors, Top Mentors, or Ambassadors/Influencers. By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Mindful Media Group’s use, storage and disclosure of information related to you and your use of such Services within Mindful Media Group (including your friend lists and the like), please see our Privacy Policy at mindfulmedia.group/privacy However, please remember that the manner in which Social Networking Services use, store, delete, and disclose your information is governed solely by the policies of such third parties, and Mindful Media Group shall have no liability or responsibility for the privacy practices or other actions of any third party site or Services that may be enabled within the Services.
b. In addition, Mindful Media Group is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Mindful Media Group is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Mindful Media Group enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
7. Mentorcoin Mentorcoin is a loyalty points program that rewards users. Some of our Services may allow users and Mentors to collect Mentorcoin. The activities that can generate Mentorcoin and the amount of Mentorcoin available for each activity will be posted on the relevant section of the applicable App. Mentorcoin are available only on the Wisdom App and available only to Mentors. Once earned, Mentorcoin may be exchanged for gift cards through our gift card vendor as indicated in the Wisdom App, currently RewardsGenius. Mentorcoin may not be transferred and have no cash value. Once used, they are non-refundable. Mindful Media Group reserves the right to eliminate, adjust, and change all aspects of the Mentorcoin program at any time, including the award levels attached to any particular activity, eligibility, and gift card reward levels. Mindful Media Group reserves the right to revoke or stop issuing Mentorcoin at any time and to set expiration dates for Mentorcoin, without notice, refund, or compensation. Mentorcoin may not be redeemed for money or monetary value. If you delete your account or it is terminated for any reason, you will forfeit any accumulated Mentorcoin. Bugs or exploits in the granting of Mentorcoin may occur. Bugs will be corrected at the sole discretion of Mindful Media Group and will lead to the resetting of Mentorcoin balances to proper levels at any time, as if the bug was not present, or to zero our your balance without any recourse. Suspected abuse or suspected exploits of Mentorcoin by users will result in the deletion of an account without warning and the forfeiture of accumulated Mentorcoin. The company may take such action against accounts that did not engage in problematic behavior. Mentors may redeem only 1 Mentorcoin reward per calendar day. If more than 1 Mentorcoin reward is redeemed, they may be voided at Mindful Media Group’s sole discretion.
8. Indemnity and Release: You agree to release, indemnify and hold Mindful Media Group and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You further release Mindful Media Group, its agents, employees, directors, officers and assigns from any and all claims you may have now or in the future for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation or any other cause of action arising out of the use, modification, reproduction, adaptation, distribution, broadcast, performance or display of the User Content, including any use of your name, voice, visual likeness, photography, written material, and/or testimonials.
9. Disclaimer of Warranties
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MINDFUL MEDIA GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
b. MINDFUL MEDIA GROUP MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
c. WE FURTHER DO NOT CHECK THE CREDENTIALS OF ANY MEMBER OF WISDOM, INCLUDING OF TOP MENTORS, AND THEY DO NOT REPRESENT THE COMPANY. WE DO NOT VALIDATE THE REAL NAMES OR IDENTITY OF ANY USERS, INCLUDING TOP MENTORS, NOR DO WE CHECK GOVERNMENT IDENTIFICATION. USERS ARE EXPECTED TO USE THEIR OWN DILIGENCE IF DECIDING TO MEET OR INTERACT WITH STRANGERS ON THE INTERNET.
10. Limitation of Liability
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDFUL MEDIA GROUP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINDFUL MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL MINDFUL MEDIA GROUP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MINDFUL MEDIA GROUP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
b. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
c. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Mindful Media Group, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Mindful Media Group are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND MINDFUL MEDIA GROUP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MINDFUL MEDIA GROUP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution Mindful Media Group is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@socialaudio.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Please e-mail us at support@socialaudio.com and we will promptly provide an address ("Notice Address") to which you can address postal mail. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Mindful Media Group and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Mindful Media Group may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Mindful Media Group or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mindful Media Group is entitled.
d. Arbitration Procedures Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
e. Unless Mindful Media Group and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If the value of the relief sought is $10,000 or less, Mindful Media Group agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
f. Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Mindful Media Group will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Mindful Media Group will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mindful Media Group will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
g. Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
h. Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
i. Future Changes to Arbitration Agreement Notwithstanding any provision in this Terms of Service to the contrary, Mindful Media Group agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Mindful Media Group written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
12. Termination: You agree that Mindful Media Group, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason or no reason, including, without limitation, for lack of use or if Mindful Media Group believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Mindful Media Group may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Mindful Media Group may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Mindful Media Group will not be liable to you or any third party for any termination of your access to the Services.
13. User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Services, including for any fee disputes between you or any other user or for any User Transaction, and Mindful Media Group will have no liability or responsibility with respect thereto. Mindful Media Group reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
14. General: These Terms of Service constitute the entire agreement between you and Mindful Media Group and govern your use of the Services, superseding any prior agreements between you and Mindful Media Group with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Mindful Media Group agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Mercer County, New Jersey. The failure of Mindful Media Group to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms of Service without the prior written consent of Mindful Media Group, but Mindful Media Group may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
15. Your Privacy At Mindful Media Group, we respect the privacy of our users. For details please see our Privacy Policy By using the Services, you consent to our collection and use of personal data as outlined therein.
16. Notice for California Users Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Mindful Media Group, Inc. at support@socialaudio.com .
Questions? Concerns? Suggestions? Please contact us at support@socialaudio.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.