TERMS OF USE

Last Updated: [06/01/2025]

ACCEPTANCE OF THE TERMS OF USE:

These terms of use 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 Use”) govern your access to and use of our Website (as such term is defined in our Privacy Policy), including any content, functionality, and services offered on or through our Website, whether as a guest or a registered user.

PLEASE READ THESE TERMS OF USE carefully before you start to use our Website. By using our Website, you accept and agree to be bound and abide by these Terms of Use, without modification and you consent to our Privacy Policy, which also governs your use of our Website as well as how we collect, use, and share your Personal Information (as such term is defined in our Privacy Policy), which we may collect from you or which you may provide to us through (i) our Website or (ii) through our Channels (as such term is defined in our Privacy Policy), and the rights you have with respect to your Personal Information. For the avoidance of doubt, our Privacy Policy is incorporated by reference, and any terms used that are not defined in these Terms of Use, shall have the meaning assigned to them in our Privacy Policy.

As stated in our Privacy Policy, our Website are designed for a “general audience” and are not intended for use by children under 13 years of age.

YOU CAN WITHDRAW YOUR CONSENT AT ANY TIME.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OUR TERMS OF SERVICE OR IF YOU DO NOT AGREE OR CONSENT TO PROVIDE US YOUR PERSONAL INFORMATION FOR PROCESSING AS DESCRIBED IN OUR PRIVACY POLICY, THEN PLEASE DO NOT ENGAGE OUR SERVICES, AND PLEASE DO NOT VISIT OUR WEBSITE OR ACCESS OUR SERVICES.

As stated in the Geographic Restrictions section of Our Privacy Policy, our Website is offered to and exclusively available to Authorized Users. By using our Website, you represent and warrant that you are of legal age to form a binding contract with Mindful Age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use 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 Channels. 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.

EFFECTIVE DATE/CHANGES TO THESE TERMS OF USE:

These Terms of Use are effective as of the Last Updated date set forth at the top of these Terms of Use. By accessing our Website and Channels, you agree to these Terms of Use and our Privacy Policy. We reserve the right to update, revise, and/or modify these Terms of Use at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Website thereafter. Whenever possible, we will provide you with advance written notice of material changes to these Terms of Use, by notifying you by e-mail if you have provided it to us or if you have a user account with us. In the event we make a material change to these Terms of Use, 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 Use on the Website homepage. Upon the effective date of the Last Updated date set forth at the top of these Terms of Use, your continued use of our Website shall constitute your acceptance of the amended Terms of Use. The amended Terms of Use supersedes all previous versions. You are responsible for periodically visiting our Website and these Terms of Use to check for any changes. If you do not agree with the amended Terms of Use or if you do not wish to be bound by such amended Terms of Use, you should cease using our Website and/or Channels immediately. 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 you and Mindful Age have actual notice on or before the effective date of the Last Updated date posted on our Websites.

ACCESSING OUR WEBSITES AND ACCOUNT SECURITY:

We reserve the right to withdraw or amend our Website, Channels, and/or any Mindful Age Service or material we provide on our Website or Channels, at our sole discretion without notice to you. We will not be liable if for any reason all or any part of our Website are unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of our Website, to Users, including registered Users.

You are responsible for (a) making all arrangements necessary for you to have access to our Website and (b) ensuring that all persons who access our Website through your internet connection are (i) aware of these Terms of Use; (ii) are Authorized Users; and (iii) comply with these Terms of Use.

To access our Website or some of the resources our Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. You agree that all information you provide to register with our Website or otherwise, including, but not limited to, through the use of any interactive features on our Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information, including Personal Information, consistent with our Privacy Policy.

We take industry-standard security precautions on-line and off-line designed to protect the security of the information you submit, or we collect, including your Personal Information submitted via our Website, Mindful Age Social Accounts or otherwise.

All information you provide to us is stored on our secure servers behind firewalls. User accounts are password protected with restricted access. While we may use these certain encryption technologies to protect Personal Information transmitted online, as appropriate, we also protect your information offline. The computers/servers on which we store Personal Information are kept in a secure environment and access is restricted to those within Mindful Age who need to know. All accesses are controlled and monitored.

The security of your information, including Personal Information, is important to us, but be aware that no method of transmission over the internet, or method of electronic storage, is one hundred (100.00%) secure. While we strive to use commercially acceptable means to protect your information, including Personal Information, we cannot guarantee its absolute security. Any transmission of information, including Personal Information, is at your own risk. As such, any information, including Personal Information, you transmit to us, or if we have provided you with, a user name, password, or any other piece of information as part of our security procedures, you must treat as confidential, and you must not disclose it to any other person or entity. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

You and all Visitors of our Website acknowledge that if you have created a User account on our Website, such account is personal to you and you are solely responsible for keeping the password you created to register your account confidential. We strongly advise you not share this password with anyone. Further, we urge you to be careful about giving out information in public areas of our Website like message boards. The information you share in public areas may be viewed by any user of the Website. You agree to notify us immediately of any unauthorized access to your User account, use of your username or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.

You may use or subscribe to certain features of, or services offered through, our Website for which you may be issued unique access credentials that are intended to enable one or more of your associates to access those features or services (“Associate Keys”). The restrictions in the paragraph above will not apply with respect to the authorized use of our Website by your authorized associates to whom you have granted access via the Associate Keys.

We have the right to disable any User account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY:

All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, slogans, and other material displayed on, available via, or that can be downloaded from our Website or Channels, excluding User Contributions (collectively, the “MA IP”), are either the property of, or used with permission by, Mindful Age, its affiliates, service providers and licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. In addition, the design, layout, and collection of MA IP on our Website, including the look and feel of our Website (“Website Appearance”), is the exclusive property of Mindful Age and is protected by applicable United States and international copyright laws. Except as expressly set forth herein, you have no right to, and shall not use any MA IP without the express written consent of Mindful Age. To the extent our Website or Channels includes text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, slogans, and other material displayed on our Website or Channels that is not MA IP (“Third-Party IP”), such Third-Party IP is the property of the respective owner of such Third-Party IP.

Nothing contained on our Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any MA IP, the Website Appearance, or Third-Party IP, without the express written consent of Mindful Age or the respective owner of such Third-Party IP.

Prohibited Uses

These Terms of Use allow you to access the Website and the content included therein solely for personal or internal use by you or your company. Unless Mindful age has provided you express written consent to use any MA IP or the Website Appearance, you shall not:

Modify copies of any MA IP, the Website Appearance or any other materials displayed on, available via, or that can be downloaded from our Website.
Use any MA IP, except as otherwise permitted on our Website.
Delete or alter any MA IP from copies of materials from our Website.
Use for any commercial purposes any part of our Website or any services or materials available through our Website.

If you wish to make any use of any MA IP the Website Appearance or any other materials displayed on, available via, or that can be downloaded from our Website you can contact us directly by any method stated in the Contact Us below.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by Mindful Age. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS:

Our name, and all related names, logos, product and service names, designs, and slogans are trademarks of Mindful Age or its affiliates or licensors. You must not use such marks without the prior written permission of Mindful Age. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

WEBSITES PROHIBITED USES:

Mindful Age provides the Website and the Mindful Age Social Accounts as a forum only. Mindful Age is not liable for any statements, representations, or posted User Contributions in any public forum on our Website or any third-party websites, including without limitation through the Mindful Age Social Accounts. Any User Contributions, if displayed, are (i) displayed for entertainment and informational purposes only and (ii) not controlled by Mindful Age. As all User Contributions are third-party information, we are not responsible for the completeness, accuracy, integrity, or quality of such information. Furthermore, Mindful Age is not responsible for services or products that are offered by others in any public forum on our Website or any third-party websites, including without limitation through the Mindful Age Social Accounts.

By (i) accessing our Website or any third-party websites, including without limitation through the Mindful Age Social Accounts, (ii) posting User Contributions on; or (iii) reading User Contributions from other users of our Website or the Mindful Age Social Accounts, you are doing so at your own risk. You understand, by accessing our Website or any third-party websites, including without limitation through our official social media pages, that you may be exposed to User Contributions that may be offensive, objectionable, indecent, or inappropriate and Mindful Age shall in no circumstance be liable for any such User Contributions.

By accessing our Website, you are doing so in accordance with these Terms of Use and our Privacy Policy and agree to use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth below.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate Mindful Age, a Mindful Age employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm Mindful Age or users of our Website, or expose them to liability.

Furthermore, you agree not to:

Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website.
Use any robot, spider, or other automatic device, process, or means to access our Website or the Mindful Age Social Accounts for any purpose, including monitoring or copying any of the material, including User Contributions, on our Website or the Mindful Age Social Accounts.
Use any manual process to monitor or copy any of the material, including User Contributions, on our Website or the Mindful Age Social Accounts, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website or the Mindful Age Social Accounts, the server on which our Website is stored, or any server, computer, or database connected to our Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Use any device, software, or routine that interferes with the proper working of our Website or the Mindful Age Social Accounts.
Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our Website or the Mindful Age Social Accounts.

USER CONTRIBUTIONS:

General

Our Websites or the Mindful Age Social Accounts may contain Q&As, message boards, chat rooms, personal web pages or profiles, forums, and bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) User Contributions on or through our Website or the Mindful Age Social Accounts.

All User Contributions must comply with the Content Standards set forth below. Any User Contributions you post to our Website or the Mindful Age Social Accounts will be considered non-confidential and non-proprietary. By providing any User Contributions on our Website or the Mirick Social Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

By posting User Contributions to our Website or the Mindful Age Social Accounts, you represent and warrant that:

You are an Authorized User.

All User Contributions that you post is accurate.

All of your User Contributions do and will comply with these Terms of Use and will not cause injury to any person or entity.
You are the sole author and own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Mindful Age, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You understand you are participating in a public forum and that your User Contributions and other Personal Information will be available to all other users of our Website or the Mindful Age Social Accounts, and potentially third-party websites.
You understand that your User Contributions may be utilized and distributed by Mindful Age in its marketing materials, including but not limited to, our Website and the Mindful Age Social Accounts.
All “moral rights” that you may have in such User Contributions have been voluntarily waived by you, and you do not require that any Personal Information be used in connection with the User Contributions that you submit, or any derivative works of or upgrades or updates thereto.
If you are a minor, you have obtained the requisite consent of your parent or legal guardian in accordance with COPPA, and your parent or legal guardian is an Authorized User, has accepted and agreed to be bound and abide by these Terms of Use, without modification and has consent to our Privacy Policy.

As mentioned in Website Prohibited Uses above, we are not responsible for the completeness, accuracy, integrity, or quality of such information or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Website. Mindful Age does not endorse any User Contributions, or any opinion, recommendation or advice expressed therein, and Mindful Age disclaims all liability with respect to the User Contributions posted by third parties.

If your User Contributions includes ideas, suggestions, documents or proposals (“Suggestions”) to Mindful Age through our Website or the Mindful Age Social Accounts, then such User Contributions are not confidential or proprietary and Mindful Age has no obligation of confidentiality, express or implied, with respect thereto.

Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising

In addition to the representations and warranties set forth in General above, you shall, at all times, comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. You represent and warrant that:

Any statements or testimonials that are included in your User Contributions are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
If your User Contribution endorses a product sold by Mindful Age, then you (i) you are a bona fide user of the product at the time you posted your contribution; (ii) you have used the product tagged, shown or mentioned in your User Contribution in conformity with the product instructions; (iii) your post is a fair representation of the actual performance and appearance of the product tagged, shown or mentioned in your User Contribution; and (iv) you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of the product in your post; and
If you received compensation in any form (including free or discounted products) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting your User Contribution on our Websites or the Mindful Age Social Accounts (including, but not limited to product reviews, Q&A, photographs), or if you have a material connection (e.g., business, family, or personal relationship) to Mindful Age or any other company, brand, or third party tagged in your User Contribution, you have clearly and conspicuously disclosed such relationship in your User Contributions.

Content Standards

You are solely responsible for all content that you upload, post, email or otherwise transmit via our Websites or the Mindful Age Social Accounts or otherwise. As such, these content standards (these “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Be false, misleading, or inaccurate.

Harm or present harm to minors.

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Violate any obligations you may have with respect to such User Contributions under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Include any information that references other websites, addresses, email addresses, contact information or phone numbers

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Reliance of Information Posted

All information, including User Contributions, presented on or through our Website or the Mindful Age Social Accounts is displayed for entertainment and information purposes only and is not controlled by Mindful Age. As all User Contributions are third-party information, we are not responsible for the completeness, accuracy, integrity, or quality of such information and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website or the Mindful Age Social Accounts, or by anyone who may be informed of any of its contents.

Third Party Sites and Content

Our Website or our official social media pages may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. You acknowledge that Mindful Age is not a publisher of, does not control or endorse, and is not responsible or liable for, any such third-party content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mindful Age, are solely the opinions and the responsibility of the person or entity providing those materials.

Our Website and/or Channels may include links to websites operated by parties other than Mindful Age. You acknowledge that we do not control those websites, the information provided therein is third-party information, and as such, we are not responsible for the completeness or accuracy of such information.

These materials do not necessarily reflect the opinion of Mindful Age. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Modification of User Contributions

All User Contributions that you submit on our Website or the Mindful Age Social Accounts is not confidential or proprietary and may be used by Mindful Age for any purpose at its sole discretion. Mindful Age has the right, but not the obligation, in its sole discretion to prescreen, modify, condense or remove any User Contribution posted on our Website or the Mindful Age Social Accounts. Mindful Age shall have the right to remove any User Contributions posted on our Website or the Mindful Age Social Accounts, that Mindful Age deems, in its sole discretion, that violate the Content Standards, set forth above, or any other provision of these Terms of Use.

However, we do not undertake to review all User Contributions before it is posted to our Website or the Mindful Age Social Accounts. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reservation of Rights

Mindful Age reserves the right, at any time, without notice and in its sole discretion, to terminate your use/access to our Website or the Mindful Age Social Accounts and to block or prevent your future use/access to our Website or the Mindful Age Social Accounts. Mindful Age may retain, access, preserve and disclose your information, Personal Information that we collect or you provide to us, and User Contributions in accordance with Retention of Information and Disclosure of Information sections of our Privacy Policy.

YOU WAIVE AND HOLD HARMLESS MINDFUL AGE, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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 Mindful Age Services for use only by Authorized Users. 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 the Mindful Age 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.

DISCLAIMERS:

General

The information (including but not limited to any graphics, articles, recommendations, programs, videos, audio recordings, images, text, software, and any other information or materials) posted on our Website or the Mindful Age Social Accounts or included in a newsletter from us (“Content”) is displayed for entertainment and/or informational purposes only and solely as a self-help tool for your own independent use. The Content may reflect the opinions Mindful Age, and the Content is not guaranteed to be correct, complete, current, or up-to-date. The Content on our Website and the Mindful Age Social Accounts are provided AS IS without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website or the Mindful Age Social Accounts will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Health Disclaimer

As mentioned, the Content on our Website and/or the Mindful Age Social Accounts is displayed for entertainment and informational purposes only and is not, under any circumstances, intended to be a substitute for professional medical advice, diagnosis, or treatment. As such, you should always seek the advice of your physician or other qualified healthcare professional with any questions or concerns you may have regarding your physical or mental health. In addition, you should never ignore or disregard professional medical advice you have received from your physician or other qualified healthcare professional, or delay in seeking such care because of Content you have read, heard, or watched on our Website or the Mindful Age Social Accounts or based on any part of the Mindful Age Services to which you may have purchased.

Any Content concerning or related to physical or mental health that you may find on our Website, the Mindful Age Social Accounts, or though the Mindful Age Services to which you purchased from us describes general principles of broad scope, is not specific to you as an individual, and does not take into account your personal medical, mental, health, or financial circumstances. Therefore, it may not be appropriate or relevant to your personal situation. The Content is therefore not intended to diagnose, treat, cure, or prevent any medical condition and is not a substitute for consulting with your personal healthcare professionals.

Should you have any questions or concerns about your physical or mental health, please consult your own healthcare professionals. Any reliance you place on such our Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to our Website or the Mindful Age Social Accounts, or by anyone who may be informed of such Content.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, OUR OFFICIAL SOCIAL MEDIA PAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR OUR OFFICIAL SOCIAL MEDIA PAGES IS AT YOUR OWN RISK. OUR WEBSITE, OUR OFFICIAL SOCIAL MEDIA PAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR OUR OFFICIAL SOCIAL MEDIA PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MINDFUL AGE NOR ANY PERSON ASSOCIATED WITH MINDFUL AGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE OR OUR OFFICIAL SOCIAL MEDIA PAGES.

WITHOUT LIMITING THE FOREGOING, NEITHER MINDFUL AGE NOR ANYONE ASSOCIATED WITH MINDFUL AGE REPRESENTS OR WARRANTS THAT OUR WEBSITE, OUR OFFICIAL SOCIAL MEDIA PAGES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR OUR OFFICIAL SOCIAL MEDIA PAGES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, OUR OFFICIAL SOCIAL MEDIA PAGES OR THE SERVERS THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE, OUR OFFICIAL SOCIAL MEDIA PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR OUR OFFICIAL SOCIAL MEDIA PAGES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 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. 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.

ACCESSIBILITY STATEMENT

As of March 7, 2023 the World Health Organization estimated more than one billion people worldwide are living with disabilities, with over 100 million people having significant difficulties in functioning (for more information, see https://www.who.int/news-room/fact-sheets/detail/disability-and-health).

Many of these disabilities can affect access to information technologies. The same individuals who run into barriers that impede their access to information technologies could benefit the most from using them.

Accessibility to the web is of critical importance to people with disabilities around the world, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging. Accessible web content can also benefit people who are experiencing situational barriers, such as small screens, low bandwidth, or barriers due to language or literacy levels.

We at The Mindful Group, LLC (d/b/a Mindful Age) (“Mindful Age”, “Us”, “Our” or “We”) are committed to ensuring digital accessibility for all Users of the Mindful Age Services and/or Our Website (as such terms are defined in Our Privacy Policy), including Users living with disabilities and other impediments to access. We strive to improve the User experience for everyone and apply relevant accessibility standards to enhance the usability of Our Website and the Mindful Age Services.

To support Our commitment, We design and maintain Our Website in accordance with recognized accessibility standards. Specifically, We aim to conform to the [Web Content Accessibility Guidelines (“WCAG”) 2.1, Level AA], developed by the World Wide Web Consortium. The WACG establish a comprehensive set of recommendations for making digital content more perceivable, operable, understandable, and robust - benefiting Our Users living with a wide variety of difficulties in functioning, including but not limited to:

Visual impairments (e.g., blindness, low vision, color blindness);
Hearing impairments;
Motor disabilities; and
Cognitive and neurological challenges.

Our Website [fully] conforms to WCAG 2.1 Level AA. This means We have implemented a range of features designed to improve accessibility, including:

[Text alternatives for non-text content;
Keyboard navigability throughout the site;
Logical heading structures and semantic HTML;
Sufficient color contrast between text and background elements;
Resizable text and responsive design for use on a variety of devices; and
Consistent navigation and clear page structure.]

We recognize that accessibility is an ongoing process—not a one-time fix. Technology, User needs, and compliance standards continue to evolve, and so must Our efforts. We are committed to continual improvement, including:

[Conducting periodic accessibility audits;
Consulting with accessibility experts and users with disabilities;
Addressing known issues as they arise or are communicated to Us by Users; and
Incorporating accessibility into future design and development work.]

If you encounter any accessibility barriers while using Our Website or any of the Mindful Age Services, or if You (as such term is defined in Our Privacy Policy) have suggestions for how We can improve the accessibility and usability of Our Website or the Mindful Age Services, we encourage You to reach out to Us. Your feedback is invaluable in helping Us identify issues and prioritize enhancements which may lead to a more inclusive experience for all Users.

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, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF OUR WEBSITE (OR ANY PART OF OUR WEBSITE) BE LIABLE TO YOU OR ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO OUR WEBSITE, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, 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 THE EVENT OF ANY TECHNICAL ISSUES WITH OUR WEBSITE, OR ANY MATERIAL OR CONTENT INCLUDED THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL MINDFUL AGE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE FEES PAID BY YOU TO MINDFUL AGE IN CONNECTION WITH YOUR USE OF OUR WEBSITE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE LIABILITY FIRST AROSE.

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 claims, 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 the Mindful Age Social Accounts; (ii) your violation of any term of these Terms of Use; (iii) a breach of your representations and warranties set forth in User Contributions above; (iv) our violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); and (v) any claim that any User Contributions you submitted caused damage to a third-party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of our Website or the Mindful Age Social Accounts.

GOVERNING LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL:

All matters relating to our Website and these Terms of Use, 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 Use or our Websites 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 Boston, Massachusetts, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING OUR WEBSITE AND THESE TERMS OF USE 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 Use 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 Use 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 Arbitration 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 USE 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 may not assign any of your rights or delegate any of your obligations under these Terms of Use without the prior written consent of Mindful Age. Any purported assignment or delegation in violation of this section of the Terms of Use is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

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 Use 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 Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

ENTIRE AGREEMENT:

These Terms of Use, our Privacy Policy and our Terms of Service, as amended from time to time, constitute the sole and entire agreement between you and Mindful Age regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Website.

TERMINATION:

You or Mindful Age may suspend or terminate your user account or your use/access to our Website or the Mindful Age Social Account at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination.

NOTICE TO CALIFORNIA CONSUMERS:

Under the California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice:

The provider of our Website is:

The Mindful Group, LLC (d/b/a Mindful Age)

20 Tremont Street, Suite #31

Duxbury, MA 02332

Attention: [Privacy Department]

Phone: [781-987-4107]

Email: [info@mindfulage.com]

For Questions and Complaints regarding our Websites:

Please contact us by any method any method stated in the Contact Us below.

Additionally, as a California consumer, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (1) (800) 952-5210.

CONTACT US:

The Website is owned and operated by operated by Mindful Age. If you have any questions, comments, concerns about these Terms of Use, requests for technical support, and other communications relating to our Website or need to access these Terms of Use 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]