TERMS OF SERVICE
Last Updated: 06/01/2025
ACCEPTANCE OF THE TERMS OF SERVICE:
These terms and conditions of service are entered into by and between you and The Mindful Group, LLC (d/b/a Mindful Age) its parent, subsidiaries, or its affiliates (“Mindful Age”,” “we,” “its” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”) apply to the purchase and sale of the Mindful Age Services from our Website.
PLEASE READ THESE TERMS OF SERVICE carefully prior to placing an order for the Mindful Age Services from our Website. By using our Website, and placing an order for the Mindful Age Services from our Website, you accept and agree to be bound and abide by these Terms of Service and our Terms of Use, without modification and you consent to our Privacy Policy. For the avoidance of doubt, our Privacy Policy is incorporated by reference, and any terms used that are not defined in these Terms of Service, shall have the meaning assigned to them in our Privacy Policy.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OUR PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH OUR TERMS OF USE, OR IF YOU DO NOT CONSENT TO PROVIDE US YOUR PERSONAL INFORMATION FOR PROCESSING AS DESCRIBED IN OUR PRIVACY POLICY, THEN PLEASE DO NOT PLACE AN ORDER FOR SERVICES FROM OUR WEBSITE AND PLEASE DO NOT VISIT OUR WEBSITE.
BY PLACING AN ORDER FOR SERVICES FROM OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER (AS SUCH TERM IS DEFINED IN OUR TERMS OF USE), ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MINDFUL AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE, WITHOUT MODIFICATION. IF YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY YOU REPRESENT AND WARRANT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SERVICE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR WEBSITE NOR PLACE AN ORDER FOR SERVICES FROM OUR WEBSITE.
EFFECTIVE DATE/CHANGES TO THESE TERMS OF SALE:
These Terms of Service are effective as of the Last Updated set forth at the top of these Terms of Service. By purchasing the Mindful Age Services through our Website, you agree to these Terms of Service, our Terms of Use, and our Privacy Policy. We reserve the right to update, revise, and/or modify these Terms of Service at any time and at our sole discretion. All changes are effective immediately when we post them. Whenever possible, we will provide you with advance written notice of material changes to these Terms of Service, by notifying you by e-mail if you have provided your email address to us or if you have a user account with us. In the event we make a material change to these Terms of Service, and such change would materially and adversely affect your rights hereunder, we will provide you advance notice including by posting a notice of material changes to these Terms of Service on our Website Home Page. Upon the effective date of the Last Updated set forth at the top of these Terms of Service, your continued purchase of the Mindful Age Services shall constitute your acceptance of the amended Terms of Service. Any amended Terms of Service supersede all previous versions. You are responsible for periodically visiting our Website and these Terms of Service to check for any changes. If you do not agree with the amended Terms of Service or if you do not wish to be bound by such amended Terms of Service, you should stop purchasing the Mindful Age Services from us. Notwithstanding the foregoing, no change to Arbitration below, or the provisions set out in Governing Law; Consent To Jurisdiction; Waiver Of Jury Trial below, shall apply to any disputes for which the you and Mindful Age have actual notice on or before the effective date of the Last Updated posted on our Website.
PRIVACY:
Mindful Age respects your privacy and is committed to protecting it through compliance with our Privacy Policy. Our Privacy Policy applies in all respects to your access and use of our Website, including, but not limited to, any Personal Information you provide to us via our Website or our Services. Our Website is only intended for individuals who are Authorized Users, and is not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation or any other foreign privacy law.
ORDER ACCEPTANCE AND CANCELLATION:
You agree that your order is an offer to buy, under these Terms of Service, all services listed in your order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS:
Prices
All prices, discounts, and promotions posted on our Website are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, if applicable. All such taxes will be added to your purchase price total, and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Promotions/Discounts
We may offer from time to time promotions on our Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept VISA, MASTERCARD, and AMERICAN EXPRESS, for all purchases (the “Accepted Payment Method”). You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on our Website at the time of your order.
Subscription Billing and Auto-Renewal
If you have enrolled in any subscription services offered by Mindful Age, you have voluntarily agreed and opted in to enroll in Mindful Age’s automatic payment program (“Autopay”) to pay for the subscription service (the “Subscription Services”) fees (the “Subscription Fees”). By enrolling into Autopay, you represent that you have read, understood, and agreed to this section in its entirety.
You hereby requests and authorize Mindful Age to charge the Subscription Fees on the first (1st) day of the month, or if the first (1st) day of a month is not a Business Day, then on the next succeeding Business Day (each a “Payment Date”) to the Accepted Payment Method and you authorize the financial institution for the Accepted Payment Method to charge your account and remit payment for the Subscription Fees to Mindful Age on each Payment Date (the “Autopay Authorization”). If the Accepted Payment Method selected by you is a credit card (i) a convenience fee may be added to cover the transaction costs and (ii) Mindful Age assumes no responsibility for any interest, late fees or penalties associated with credit card payments. You hereby agree to indemnify and hold harmless Mindful Age from any liability or loss occurring due to the dishonor of any debit presented as a result of any charge made or refused to be made under this Autopay Authorization. In no event will Mindful Age or its representatives be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this Autopay Authorization.
In the event Mindful Age is unable to charge the Accepted Payment Method, Mindful Age may (i) suspend the Subscription Services or (ii) terminate or terminate your agreement for Subscription Services. No suspension or termination shall relieve you of any amounts due to Mindful Age.
If you desire to change the initial Accepted Payment Method (e.g., change from one credit/debit card to another), then you shall either (i) update your Accepted Payment Method in your user account or (ii) by providing us written notice at any method set forth in Contact Us, below within thirty (30) days of the effective date of the change. All changes to an Accepted Payment Method are not effective unless approved by Mindful Age.
You have the right to terminate the Autopay Authorization at any time following your enrollment into Autopay. To terminate your Autopay Authorization, you shall provide us written notice at any method set forth in Contact Us, below of your intent to terminate your Autopay Authorization and/or subscription for Subscription Services. Notwithstanding the foregoing, no termination of Customer’s Autopay Authorization shall relieve Customer of any obligation to pay amounts due to Provider.
REFUNDS FOR SERVICES:
We do not offer refunds on services.
GEOGRAPHIC RESTRICTIONS:
Mindful Age, the owner of the Website, is based in the Commonwealth of Massachusetts in the United States. We provide this Website and the services for use only by Authorized Users (as such term is defined in our Terms of Use). We make no claims that our Website or any of its content, or services is accessible or appropriate outside of the United States or any of its territories or possessions. Access to our Website and the services may not be legal by certain persons or in certain countries. If you access our Website or services from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws, including General Data Protection Regulation.
DISCLAIMER OF WARRANTIES:
ALL SERVICES OFFERED ON OUR WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. IN ADDITION, WE WILL HAVE NO LIABILITY TO YOU FOR ANY CLAIMS, LOSSES OR DAMAGES CAUSED BY ERRORS OR OMISSIONS IN INFORMATION PROVIDED TO US BY YOU OR ANY ACTIONS TAKEN BY US AT YOUR DIRECTION.
AS BETTER DESCRIBED IN THE DISCLAIMER OF WARRANTIES SECTION OF OUR TERMS OF USE, WE WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY THIRD PARTY PRODUCTS, SERVICES, SOFTWARE OR WEBSITES THAT ARE ACCESSED VIA LINKS FROM OUR WEBSITE OR OUR OFFICIAL SOCIAL MEDIA PAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, MINDFUL AGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINDFUL AGE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS, SERVICE PROVIDERS BE LIABLE TO YOU OR ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SERVICE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL EITHER MINDFUL AGE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR IN CONNECTION WITH THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID BY YOU TO MINDFUL AGE FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless Mindful Age, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of any third party claim, demand or action arising out of (i) your misuse of our Website or our official social media pages; (ii) your violation of any term of these Terms of Service; or (iii) your improper use of the services other than as expressly authorized in these Terms of Service. This indemnification obligation will survive the termination of these Terms of Service and your misuse of our Website or our official social media pages.
GOVERNING LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL:
All matters relating to our Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our Website shall be instituted exclusively in the Federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the Boston, Massachusetts, and you irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING OUR WEBSITE AND THESE TERMS OF SALE AND FOR ANY COUNTERCLAIM THEREIN.
ARBITRATION:
Mindful Age reserves the right to invoke the jurisdiction of any competent court to remedy or prevent violation of these Terms of Service or use of our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, termination, or to otherwise protect our interest. Any dispute with you in connection with these Terms of Service may, at Mindful Age’s sole discretion, be resolved through binding arbitration in the Commonwealth of Massachusetts, pursuant to the commercial arbitration rules of the American Arbitration Association (“Arbitration”) applying Massachusetts law. Absent Mindful Age’s express written authorization, in the exercise of its sole discretion, in favor of a judicial forum for dispute resolution, your only forum is Arbitration. The results of Arbitration shall be final, binding and nonappealable, except as allowed by law.
LIMITATION ON TIME TO FILE CLAIMS:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ASSIGNMENT:
You will not assign any of your rights or delegate any of your obligations under these Terms of Service without the prior written consent of Mindful Age. Any purported assignment or delegation in violation of this section of the Terms of Service is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service.
WAIVER AND SEVERABILITY:
No waiver by Mindful Age of any term, provision or condition hereof shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term, provision or condition. No waiver by Mindful Age shall operate or be construed as a waiver in respect of any failure, breach or default. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Service shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any provision of these Terms of Service is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Service and will not affect the validity or enforceability of the remaining provisions of these Terms of Service.
NO THIRD-PARTY BENEFICIARIES:
These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.
NOTICES:
To You
We may provide any notice to you under these Terms of Sale by notifying you: (i) by e-mail if you have provided it to us or if you have a user account with us; or (ii) by posting a notice of material changes to these Terms of Service on our Website Home Page. Any notice sent to you pursuant to this section, shall be effective when (i) the date the notice is sent to you or (ii) effective upon posting. You are responsible for keeping your e-mail address associated with your OPT-IN current.
To Us
Notice to us under these Terms of Service, shall be sufficient in all respects if given in writing and delivered in person, by overnight courier or by registered or certified mail, postage prepaid, return receipt requested, to:
The Mindful Group, LLC (d/b/a Mindful Age)
20 Tremont Street, Suite #31
Duxbury, MA 02332
Attention: [Privacy Department]
Mindful Age may, at any time, update the address for notices to us by posting a notice of address change on our Website Home Page.
Notices shall be deemed given on (i) the date such notice is personal delivered; (ii) one (1) business day after the date of delivery they are sent to the overnight courier if sent by overnight courier; or (iii) three (3) day after the mailing if sent by registered or certified mail.
ENTIRE AGREEMENT:
These Terms of Service, the license agreement, if any, relating to any service you obtain on or through our Website, Terms of Use, and our Privacy Policy, as amended from time to time, constitute the sole and entire agreement between you and Mindful Age regarding the sale of services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the sale of services. By purchasing services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
CONTACT US:
The Website is owned and operated by operated by Mindful Age. If you have any questions, comments, concerns about these Terms of Service, requests for technical support, and other communications relating to our Website or need to access these Terms of Service in an alternative format due to having a disability, or about any other matter, please do not hesitate to contact us at one of the following methods:
Phone:
(781) 987-4107
Website:
[www.mindfulage.com]
Email Address:
[info@mindfulage.com]
Mail:
The Mindful Group, LLC (d/b/a Mindful Age)
20 Tremont Street, Suite #31
Duxbury, MA 02332
Attention: [Privacy Department]