TERMS AND CONDITIONS –MEDITATION GODDESS

General Information

Welcome to Meditation Goddess (https://www/meditationgoddess.com) provides digital products and services (Services) and content accessible from our website (Site) and from our mobile device applications (App or Apps). Be sure to read these Terms and Conditions before using our Services, because they govern your use of our Services and products. By using our Services, or ordering any of our products, digital or otherwise, you indicate that you accept these Terms and Conditions wholly, and you agree to be legally bound by these Terms and Conditions, along with any and all applicable laws. If you do not agree to these Terms and Conditions, do not use our Services.

Arbitration Notice and Class Action Lawsuit Waiver

These Terms and Conditions contain an Arbitration Clause below (Arbitration). Except for certain types of disputes addressed in the Arbitration section of these Terms and Conditions, by using our Services, you agree that disputes between you and Meditation Goddess, LLC, will be resolved by mandatory, binding, arbitration, and you therefore waive your right to a jury trial and you waive your right to participate as a plaintiff or class member in any class action or class-wide lawsuit or representative legal proceeding. You may opt-out of arbitration within 30 days of the date you first agree to these Terms and Conditions following the opt-out procedure in the Arbitration section below.

Your Personal Data and Account Registration

Certain features of our Services require you to create an account. This account creation is accomplished either through our App, on our Site, or via third-party social media/networking sites like Facebook, Twitter, etc.  In order to create your account for your use of our Services, and to administrate and deliver our Services to you, we collect certain personal information about you, such as your name, email address, and other personal information. This collection, in the case of you making an account through a third-party networking site, is in accordance with your privacy settings on third-party networks. As part of your use of our Services and products, you consent to the collection, processing, and storage of your applicable personal information by us. We will comply with applicable laws regarding the transfer, storage, and use of certain personal information and personal data.

Changes to Terms and Conditions

Meditation Goddesss reserves the right to change, modify, or update these Terms and Conditions or any of our other policies, procedures, and practices, at any time without prior notice to you. Any updates to these Terms and Conditions will be effective immediately upon us posting to our site, www.MeditationGoddess.com. By continuing to use our Services or access our products, you agree wholly to the updated Terms and Conditions. We may notify you of any changes by means such as email or pop-up or push notifications in our app.

Eligibility for Use of Services

To make a purchase of our products or Services, you must be at least 18 years of age or older, and otherwise capable of entering into a binding legal contract. You may use our Services only if you are 13 years or older and are not barred from using the Services under applicable law. Other persons under the age of 18- years, may utilize the Services only with the consent and/or involvement of a parent or legal guardian, through such person’s account and which is wholly subject to these Terms and Conditions. User is solely responsible for their use of our Services and products.

Using the Services/Disclaimer

None of our Services or products are designed to treat, diagnose, or otherwise be substituted for medical or professional advice. Do not use our Services while driving or operating heavy equipment or performing other tasks that require your focus and attention. You agree that you are wholly responsible for your use of the products and Services provided by Meditation Goddess either from our site or any of our mobile Apps. Meditation Goddess, LLC, is a provider of online and mobile meditation content in the health and wellness arena. We are not health care or medical providers. Our products and services should not be considered medical or mental health advice. People with existing mental health conditions and/or certain medical conditions should speak with their health care providers before beginning a meditation practice. Meditation Goddess makes no claims, representations, warranties, or guarantees that our Services/Products provide any therapeutic benefit to the user whatsoever. We are not liable or responsible for any consequences resulting from the use of our Services or products. You assume full responsibility for your decisions and actions regarding our Services and products.

Your use of our Services is subject to our Privacy Policy.

Memberships and Subscriptions – Automatic Renewal

Meditation Goddess offers Services and products and content that may be accessed by one of the following:

  1. Paid Annual ($59.99 USD) or Monthly Subscription ($5.99 USD). User will have unlimited access to our entire library, including any and all new content added during the active subscription period. Users may purchase a subscription or membership from our Site or through the App marketplace or any of our subscription partners. Available through our Site or the App marketplace. The annual subscription will renew automatically once per year thereafter unless cancelled by the user prior to the end of subscription date. The monthly subscription shall renew automatically once monthly thereafter unless cancelled by the user prior to the end of the subscription date.
  2. Lifetime Membership. Available through the App marketplace. For a one-time fee of $599 USD, user may have unlimited access to our Services and products for their lifetime. This membership is non-transferrable and non-cancellable.

User subscription/membership is non-refundable under any circumstances. All sales are final. You may cancel the renewal of your subscription or membership purchased through us at any time by contacting us by email: admin@meditationgoddess.com If you purchased your subscription through any App provider, you can cancel renewal of your subscription at any time directly through said App provider. You will not receive a refund for the fees already paid for your current subscription period. You will continue to receive the products and Services you ordered, and have access to them, until the end of your current subscription period.

Our annual subscription is paid upfront in one annual payment of $59.99. Our monthly subscription is paid in monthly installments of $5.99 and automatically billed and renewed until or unless you cancel.  Our lifetime membership is a one time fee of $599.  You authorize Meditation Goddess, LLC to charge your annual or monthly subscription fees or your lifetime membership fee, to the payment method you provided when making the subscription or membership. There are no pro-rated or partial month refunds for any of our subscriptions or membership fees. In order to avoid billing of the renewal subscription fee to the designated payment method you provided, you must cancel your subscription prior to the renewal date. User must notify Meditation Goddess, LLC of any changes to your provided payment method. Any and all applicable fees, taxes, or charges, including bank charges, are the sole responsibility of the User. If payment is not received by Meditation Goddess, LLC, from the payment method you provided, you agree to pay any and all amounts due for your subscription upon demand by Meditation Goddess, LLC.  The reselling of our Services and/or products is not permitted and our products may not be used for any commercial purposes.

Your subscription, membership, or order is not binding upon Meditation Goddess, LLC, until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms and Conditions. If you have any concerns or objections regarding charges, you agree to raise them with us first. You agree not to cancel or reject or chargeback any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Meditation Goddess first. We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in any other circumstances, in its sole discretion, we deem appropriate.  Meditation Goddess, LLC, also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order, subscription, or membership. We may ask you to provide additional information to verify your identity before completing your order.  Meditation Goddess, LLC will either not charge you or we will refund the charges for orders that we do not process or that we cancel.

Meditation Goddess, LLC, reserves the right to update, change, alter its pricing, fees, or membership structure at any time. We will notify you in advance of such changes becoming effective. If you do not agree to Meditation Goddess pricing changes, you may choose not to renew your subscription or membership.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or explanation to you. You may cancel your account at any time by sending an email to us at admin@meditationgoddess.com If you purchased your subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms and Conditions which by their nature should survive, will survive.

Return Policy

We offer no refunds or prorations on subscriptions, memberships, or digital products or services.

Electronic Communications & Notices

You consent to electronic communications from us. We reserve the right, in our sole discretion, to discontinue electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law. Unless specifically stated otherwise, all notices given by you to us must be sent to us at admin@meditationgoddess.com. We may give notice to you at the e-mail address you provide to us when you register for an account with us.  Notice will be deemed received and properly served immediately when an e-mail or other electronic communication is sent. We are not responsible for undelivered or undeliverable email. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified, provided e-mail address of the addressee.

Content, Content Rights, and License

Meditation Goddess, LLC, and its designated licensors exclusively own all right, title, and interest in and to the Services and content, and music, including all associated intellectual property rights. You acknowledge that the Services and content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree that you will not acquire or attempt to acquire any ownership rights in or to such materials. You agree not to create derivative works from, sell, or otherwise exploit any of our content, source code, data, or materials, You agree not to remove, alter or obscure any copyright, trademark, service mark or any other proprietary rights notices incorporated in or accompanying the Services or content. Unauthorized duplication, replication, emailing, sharing, posting, and the like is a violation of applicable intellectual property laws and is strictly prohibited.  We reserve the right to investigate violations of these Terms and Conditions or any conduct that affects our Services or products. We may consult with and cooperate with law enforcement and/or legal counsel to prosecute users who violate our content rights. Spa Meditations will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Subject to your compliance with these Terms and Conditions, Meditation Goddess grants you a limited, non-exclusive, non-transferable, non-sub-licenseable license to download, view, stream, copy and display our content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Terms and Conditions for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

  • These Terms and Conditions are concluded between you and Meditation Goddess and not with App Provider, and that, as between Meditation Goddess and the App Provider, Meditation Goddess, is responsible only for the App.
  • App Provider has no obligation to furnish you with any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Meditation Goddess.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Meditation Goddess will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms and Conditions as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App 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.

Device Requirements

To access and enjoy Meditation Goddess effectively via your smartphone or other electronic device, your device must satisfy certain system requirements. These specific requirements can be found on the Google, Apple and Amazon App marketplaces.

DMCA Notice

If you believe that your work has been copied and posted in or on the Products in a way that constitutes copyright infringement or your intellectual property, please provide our designated agent with the following information:

  • (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • (b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • (c) A description of where exactly in our products, services, or content the material that you claim is infringing is located;
  • (d) Your complete street address, telephone number, and email address;
  • (e) 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; and
  • (f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or agent authorized to act on the copyright or intellectual property owner’s behalf.
  • (g) Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail:

By E-Mail: admin@meditationgoddess.com  Subject line: DMCA

Indemnification and Hold Harmless

You agree to indemnify and hold harmless, Meditation Goddess,LLC, its officers, directors, employees, agents, heirs and assigns, from and against any claims, disputes, demands, liabilities, damages, losses, results, costs, and expenses, including without limitation, reasonable legal fees and/or accounting fees, arising out of or in any way connected with your use and access of our Services, products, or content and/or your violation of these Terms and Conditions.

Warranty Disclaimers

The Services, Products and Content provided to you by Meditation Goddess LLC, are provided “as is,” without warranty of any kind, and we explicitly disclaim any warranties of fitness and merchantability, warranties for a particular purpose, quiet enjoyment or non-infringement and any other warranties. We make no warranty that the Services, Products, or Content will meet your individual requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We assume no liability or responsibility for any errors or omissions, failures, delays, or interruptions in the delivery of our Services, products, or content. We make no warranties or representations, express or implied, as to the quality, accuracy, completeness, or existence of the content and information contained in or posed on the products. We make no warranties or representations, express or implied, regarding technical accessibility or technical perfection of the Services, products, or content.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services or products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

Assignment by Us

Meditation Goddess, LLC,  may transfer its rights, interests, and obligations under these Terms and Conditions to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms and Conditions to anyone else. These Terms are personal and individual to you. No third party is entitled to benefit under these Terms and Conditions except as set forth herein.

These Terms and Conditions are non-assignable and non-transferable by you. Meditation Goddess, LLC, may assign or transfer these Terms and Conditions without restriction. These Terms and Conditions, if assigned or transferred by Meditation Goddess, LLC, shall bind and inure to the benefit of the parties, their successors, heirs, and assigns.

Entire Agreement

These Terms and Conditions and any document expressly referred to within them, constitute the entire, whole, exclusive agreement between you and Meditation Goddess, LLC,  regarding the Services, products, and content, and these Terms and Conditions supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to herein. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

Governing Law

Except to the extent they are preempted by U.S. federal law, the laws of the state of Florida, other than its conflict-of-laws principles, govern these Terms and Conditions, and any disputes arising out of or relating to these Terms and Conditions or their subject matter, including tort claims.

 

Arbitration Agreement

You and Meditation Goddess, LLC, agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Meditation Goddess, LLC, with written notice of your desire to do so by email at admin@meditationgoddess.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Meditation Goddess, LLC, with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Meditation Goddess, LLC, with an Arbitration Opt-out Notice, will be the state and federal courts located in Tucson, Arizona  and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Meditation Goddess, LLC, with an Arbitration Opt-out Notice, you acknowledge and agree that you and Meditation Goddess, LLC, are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Meditation Goddess, LLC, otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms and Conditions.

Small Claims Court. Notwithstanding the foregoing, either you or Meditation Goddess, LLC, may bring an individual action in small claims court.

Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Meditation Goddess, LLC.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form.) The arbitration will be conducted by a single neutral arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Meditation Goddess otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Meditation Goddess submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Meditation Goddess will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $5,000, Meditation Goddess will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

If Meditation Goddess changes this “Dispute Resolution” section, or any other section, after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us written notice to admin@meditationgoddess.com in 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Meditation Goddess’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Meditation Goddess in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).

Spa Meditations Contact Information

If you have any questions about these Terms and Conditions, our products or Services, contact us by email at admin@meditationgoddess.com

Effective date of these Terms and Conditions: November 26, 2020