My Mindful Motivation

TERMS OF USE

These Terms of Use (these "Terms") represent an agreement between you (the user) and My Mindful Motivation, LLC doing business as Mindbosa (“Mindbosa” or “us” or “we”). By clicking “I Agree” and/or by accessing Mindbosa’s website located at mindbosa.com (the “Website”) or any mobile application created by Mindbosa (the “App”), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, please do not use our Website or App. Agreeing to these Terms of Use means that you agree to important provisions restricting users, such as limits on our liability and mandatory waivers of rights to a jury trial and of class action remedies (including without limitation the provisions set forth in ALL CAPS below).

We reserve the right to revise and update these Terms of Use and any other information contained on the Website or App at any time, without prior notice to users. Your continued use of the Website and App after such changes constitutes your acceptance of and agreement to these changes.

In addition to these Terms of Use, please review our Privacy Policy, which outlines our practices handling Personal Information you provide to us. Our Privacy Policy is incorporated by reference herein and is available on our websites mymindfulmotivation.com and mindbosa.com.

Types of Users

Our Website and App allow users to 1) create money saving goals in connection with making lifestyle goals and 2) set aside money by making monetary transfers through the Website or App to a fiduciary account holding your capital (the “Mindbosa Account”).  By consenting to these Terms of Use and using our Website and App, you represent that you recognize and understand that Mindbosa is not a financial institution or financial advisor and that we are not providing investment, legal, accounting, or tax advice or strategies to our users; and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, and representations set forth in these Terms of Use; that you are at least 18 years of age; and that you have attained the age of majority in the province, state, or country in which you reside.

If you are using or establishing a user account on behalf of a company, entity, or organization (a “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization, with full power and authority to bind such organization to these Terms of Use; and that the Subscribing Organization does agree to be bound by these Terms.

User Requirements

For our compliance purposes and in order to provide services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information.  When you register for the services, and from time to time thereafter, we may require you to provide and/or confirm the information and documentation that will allow us to identify you, which may include: a copy of your government-issued photo identification, such as a passport or drivers’ license; a copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it; and such other information and documentation that we may require from time to time.

By using the services and providing user information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases that may be necessary to provide the services.  We make no effort to review such information for any purpose, including, but not limited to accuracy, legality, or noninfringement.  You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you.

The information you provide to us is subject to our Privacy Policy.

Use of Our Sites

Mindbosa grants you non-exclusive, non-transferable, limited permission to access and display our Website and App, subject to your continued compliance with these Terms of Use. The right to use our Website and App is personal to you; and you agree not to sell, lease, or otherwise transfer any right to use our Website or App, nor shall you permit any such transfer to occur, either directly, indirectly or contingently, by agreement or operation of law. The use authorized to you under this agreement is non-commercial in nature, and you agree not to resell any of your rights of use under this agreement. All other use of our Website and App is prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any research, reports, resources, or other materials or information (including but not limited to all photography, images, forms, page layouts, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), you access on or through our Website or App (the “Content”).  Use of the Website or App does not grant you any licenses or rights to the intellectual property of Mindbosa and/or of those who license Content to us, licensors except as expressly authorized by these Terms. We are not liable for any copyrighted material posted as user-generated content on our Site.

By accessing, viewing, and using the Website or App, you acknowledge that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms of Use and agree to be legally bound by them.

Electronic Communications

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices (including, without limitation, the occurrence of fraud, account infringement, or a security breach), statements, communications, and other items for all services provided to you under these Terms of Use and in connection with your relationship with us (collectively, “Communications”) that we might otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms of Use electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) your consent will remain in effect until you withdraw your consent as specified below.

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at help@mindbosa.com. If you withdraw your consent to receive Communications electronically, we will close your account and your Mindbosa Account Balance will be returned to your bank account within 30 Business Days of the receipt of your withdrawal of consent to receive electronic Communications or our receipt of your bank account information, whichever is later.  For the purposes of these Terms of Use, Business Days shall be defined as days on which banks in the State of Maine are open for business). Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

You must keep your contact information current with us in order to ensure that we are able to provide Communications to you electronically.  You must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website.  You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

Accessing the Website and App

We reserve the right to withdraw or amend the Website and App, and any service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.

You are responsible for:

▪       All activity occurring under your user account.

▪       Making (and paying for) all arrangements necessary for you to have access to the Website or online features of the App.

▪       Ensuring that all persons who access the Website or App through your internet connection are aware of these Terms of Use and comply with them.

▪       Any consequences your savings goals, your decision to provide Mindbosa or any of our third-party vendors with any financial information (including but not limited to bank routing and account numbers), and any transfers of funds into and out of your Mindbosa Account will have on your personal financial circumstances or that of your business or of a business that you represent (if applicable).

To access the Website or App or resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or App that all information you provide on our Website or App is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or App or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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.

We have the right to reject or disable any user name, 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.

Your Responsibilities

You understand and acknowledge that you may only use the Website and App for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or App:

▪       In any way that violates any applicable federal, state, local or international law, statute, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and any U.S. securities laws or banking regulations).

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

▪       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of or ability to engage in real time activities through the Website or App, or which, as determined by us, may harm Mindbosa or users of the Website or App or expose them to liability.

▪       To engage in any transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.

▪       To engage in any transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off- shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.

▪       To engage in any transactions that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

Additionally, you agree not to:

▪       Use the Website or App in any manner that could disable, overburden, damage, or impair the Website or App, including use of any device, software or routine that interferes with the proper working of the Website or App.

▪       Use any manual process, robot, spider or automatic device, process or means to access the Website for any unauthorized purpose, including monitoring or copying any of the material on the Website or App.

▪       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

▪       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website is stored, or any server, computer or database connected to the Website or App.

▪       Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

▪       Otherwise attempt to interfere with the proper working of the Website of App or with the rights of other users of the Website or App.

Payment Terms and Fees

When you elect to make transfers to your Mindbosa Account through the Website or App, transfers will be made directly to your Mindbosa Account via the payment gateway selected by Mindbosa.

Terms of payment are within our sole discretion.  We use Stripe to process transfers to all Mindbosa Accounts. By agreeing to these Terms of Use, you are also agreeing to additional terms of service from Stripe.  Stripe’s terms of service may be accessed at https://stripe.com/us/legal.  To the extent there is any conflict between these Terms of Use and Stripe’s terms, solely as to ACH and credit/debit card processing, then Stripe’s terms will control.  You represent and warrant that (i) the debit card, credit card, or bank account information you supply to us is true, correct and complete, (ii) you are duly authorized to use such debit or credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company or debit card issuer, 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 the Site at the time of your order. (Note that “ACH” payments are electronic payments made through the Automated Clearing House network.)

Mindbosa does not charge fees for ACH transfer deposits and withdrawals from your bank account to your Mindbosa Account. If you choose to deposit funds using a credit/debit card, you will incur a percentage based fee that will be disclosed to you at the time of such deposit. Withdrawals cannot be refunded to your credit/debit card and you must add a bank account including a physical routing and account number to withdraw your funds.

When you use your bank account to deposit and withdraw funds, you are requesting an electronic transfer of funds. All electronic transfers to or from your Mindbosa account to or from your bank account are governed by ACH rules. Mindbosa will electronically transfer the exact amount specified.  You agree that such requests legally authorize Mindbosa to make such transfers. You hereby give Mindbosa the right to resubmit any electronic fund transfer you authorized that is insufficient or returned. You also authorize Mindbosa to amend the information in your Mindbosa Account to resolve any errors in connection to any electronic transfer activity.  We reserve the right to establish transaction limits on the size and number of deposits and withdrawals you make within a specific time period.

Requests to withdraw any funds out of your Mindbosa Account will only be made to a bank account you specify to us, including both a routing number and an account number.  When a request to transfer funds is made, we will request your payment information from Stripe to complete the transfer.  You are responsible for accurately providing all necessary information to Mindbosa and to Stripe to complete any requested transfer of funds, including but not limited to your routing number and account number.

You may not use the funds in your Mindbosa Account to make purchases, or to transfer funds to third parties. Once you have deposited funds in your Mindbosa Account, no transfers of those funds will be permitted other than to withdraw such funds to your bank account.  You are solely responsible for determining whether the funds debited from your bank account and the funds maintained in your Mindbosa Account are acceptable to you.  We are not responsible for any third-party fees that may be incurred as a result of using the Website or App, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your bank account.

Depending on your bank, transfers may take up to seven days and will be processed only on Business Days.  If we identify an issue with a particular transfer, it may be delayed or blocked.  If this occurs, we will notify you via email.

You are responsible for all liabilities incurred by Mindbosa, any Mindbosa users, or any third parties caused by or arising out of your breach of this Agreement, and/or your use of the Website or App.  If any deposit you make into your Mindbosa Account is in dispute or is the subject of a claim or a chargeback as a result of any action you take using the Website or App, the debit or credit card issuer or the originating bank, not Mindbosa, will determine whether the dispute is valid and to whom payment is due. You agree to allow Mindbosa to recover any amounts due to Mindbosa by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Mindbosa through other means. If Mindbosa is unable to recover the funds from your primary funding source, Mindbosa may attempt to contact you, Mindbosa may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.

Financial Advice Disclaimer; No Interest Paid to You on Your Account

Mindbosa will hold the funds you choose to deposit in your Mindbosa Account in one or more fiduciary accounts operated by an FDIC-insured financial institution.  Such funds will be kept separate from the funds of Mindbosa, but may be commingled with funds from other users of Mindbosa’s Web Site or App.  Mindbosa is not a bank or other chartered, licensed depository institution, nor is it an investment adviser or securities broker-dealer or commodities dealer registered with any federal or state regulator.  You recognize and understand that Mindbosa is not providing you with financial advice.  We do not make any representations, warranties, or guaranties of any kind that the use of the Website or App is appropriate for you.  Before using the Website or App, you should consider obtaining additional information and advice from a financial adviser. 

YOU FURTHER UNDERSTAND AND AGREE THAT YOU WILL NOT RECEIVE INTEREST OR OTHER EARNINGS ON THE FUNDS HELD IN YOUR MINDBOSA ACCOUNT.  In consideration of the services provided to you via the Website and App, you irrevocably transfer and assign to Mindbosa the ownership right that you may have in any interest that may accrue on funds held in your Mindbosa Account.  This applies solely to the interest earned on the funds of you or others, and does not grant Mindbosa ownership rights to the principal of the funds held in your Mindbosa Account. 

Anti-Money Laundering and Customer Identification Program Compliance

Mindbosa and its service providers adhere to applicable laws regarding anti-money laundering (“AML”), Customer Identification Program (“CIP”), and similar requirements.  Our compliance program may result in the sharing of your data with service providers selected by us, government law enforcement officials, and other third parties who have or claim a right to receive such information.

Health and Wellness Advice Disclaimer

You understand and agree that Mindbosa is not providing you with health and wellness advice.  We do not make representations, warranties, or guaranties of any kind that the use of the Website or App is appropriate for any individual’s health condition.  Before using the Website or App, you should consider obtaining health and wellness advice from your doctor or other licensed healthcare professional. 

Monitoring and Enforcement; Termination

We have the right to:

▪                Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

▪                Take appropriate legal action, including without limitation, referral to law enforcement, for any use by you of the Website or App.

▪                Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. MINDBOSA WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH OR AS A RESULT OF OUR INVESTIGATIONS OR THOSE CONDUCTED BY OUR SERVICE PROVIDERS OR BY LAW ENFORCEMENT.

Intellectual Property Rights

The entire Content, features and functionality of the Website and App are owned by Mindbosa. Mindbosa and its affiliates, licensors or other providers of such material are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Removing or altering the copyright notice on any Content or on the Website or App is prohibited.

The terms “Mindbosa,” “My Mindful Motivation,” and all related names, logos, product and service names, designs and slogans are the intellectual property of Mindbosa or its affiliates or licensors. You must not use such material without the prior written permission of Mindbosa. All other names, logos, product and service names, designs and slogans on the Website or App are the intellectual property of their respective owners.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair, consistent with law, and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in our discretion.

Third Party Websites

The Website and App may provide links or references to third party websites, resources and content not related to Mindbosa. We make no representations, warranties, or other commitments or endorsements whatsoever about any third party websites or resources that may be referenced, accessible from, or linked to our Website or App. In addition, we are not a party to or responsible for any transactions you may enter into with third parties even if you learn of such parties from our Website or App. It is up to you to take precautions to protect yourself from viruses, worms, and other potentially destructive programs, and to protect your Personal Information.

Geographic Restrictions

My Mindful Motivation, LLC is headquartered in the State of Maine in the United States. We provide this Website and App for use only by persons located in the United States. We make no claims that the Website, App or any of its content is accessible or appropriate outside of the United States. Access to the Website or App may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Trial and Beta Services

Mindbosa may, in its sole discretion, offer trial services or beta services from time to time. Any trial or beta services is provided “AS IS” with no warranties of any kind. Mindbosa may discontinue any trial or beta services at any time, with our without notice and without any further obligations to you. Mindbosa will have no liability for any harm or damages suffered by you or any third party in connection with any trial or beta services.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Mindbosa has endeavored to create a secure and reliable Website and App, please be advised that the confidentiality of any communication or material transmitted to or from our Website or App over the Internet cannot be guaranteed. Accordingly, Mindbosa is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website or App, or for the consequences of any reliance on such information.

WE WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL WHICH INFECTS ANY COMPUTER EQUIPMENT, COMPUTER PROGRAM, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR BY DOWNLOADING ANY MATERIAL POSTED ON THE WEBSITE OR APP, OR ON ANY WEBSITE LINKED TO IT.

Disclaimer of Warranties

MINDBOSA 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.

YOUR USE OF THE WEBSITE AND APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MINDBOSA NOR ANY PERSON ASSOCIATED WITH MINDBOSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER MINDBOSA NOR ANYONE ASSOCIATED WITH MINDBOSA REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

IN NO EVENT WILL MINDBOSA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, THE APP, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APP 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.

IF A COURT OR ARBITRATOR FINDS THAT MINDBOSA IS LIABLE FOR DAMAGES UNDER APPLICABLE LAW, YOU HEREBY AGREE THAT SUCH DAMAGES SHALL BE CAPPED AT THE AMOUNT OF FEES, IF ANY, THAT YOU PAID TO MINDBOSA FOR THESE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING TERMINATION OF SERVICES TO YOU.

Arbitration; No Class Actions

YOU AND WE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, AND INSTEAD AGREE THAT EITHER YOU OR WE CAN REQUIRE ARBITRATION OF ANY DISPUTES ARISING FROM THESE TERMS OF USE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE OR THE APP, INCLUDING WITHOUT LIMITATION DISPUTES OVER THE SCOPE, INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION CLAUSE. THE PARTIES AGREE TO CONDUCT THE ARBITRATION IN PORTLAND, MAINE BEFORE A SINGLE ARBITRATOR, AND AGREE THAT THE ARBITRATION WILL OTHERWISE BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. ALL FEES AND COSTS PAYABLE TO THE AAA OR THE ARBITRATOR IN CONNECTION WITH SUCH DISPUTE SHALL BE ALLOCATED, AND PAID, EQUALLY AMONG MINDBOSA AND THE OTHER PARTIES TO SUCH ARBITRATION. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

ANY CLAIMS FILED BY THE PARTIES IN ARBITRATION MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. ANY AND ALL RIGHTS TO PROCEED BY CLASS ACTION, OR OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING, ARE HEREBY IRREVOCABLY WAIVED BY YOU AND BY MINDBOSA, AND NO SUCH RIGHTS SHALL BE REINSTATED BY REASON OF ANY SUBSEQUENT ACTION OR INACTION BY EITHER SUCH PARTY.

Limitation on Time to Bring Claims

THE PARTIES HEREBY AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU OR WE MAY HAVE AGAINST ONE ANOTHER WHICH ARISES OUT OF OR RELATES TO THESE TERMS OF USE OR THE WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MY MINDFUL MOTIVATION, LLC D/B/A MINDBOSA, 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 OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO ANY USE OF THE CONTENT ON THE WEBSITE OR APP, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR APP.

Governing Law and Your Consent to Jurisdiction

All matters relating to the Website, App 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 State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction).

BY YOUR USE OF THE WEBSITE OR APP, YOU CONSENT TO PERSONAL JURISDICTION OF ALL FEDERAL OR STATE COURTS LOCATED WITHIN CUMBERLAND COUNTY IN THE STATE OF MAINE. WE ALSO RETAIN THE RIGHT (AT OUR OPTION) TO BRING ANY SUIT, ACTION OR PROCEEDING AGAINST YOU IN COURTS LOCATED IN YOUR PLACE OF RESIDENCE. YOU HEREBY WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. THIS CONSENT TO JURISDICTION IN EACH CASE IS SUBJECT TO THE RIGHT OF EITHER PARTY TO DEMAND ARBITRATION OF THE MATTER, AS PROVIDED ABOVE.

Miscellaneous

These Terms of Use in combination with Mindbosa’s Privacy Policy represent the entire agreement between you and Mindbosa with respect to your use of the Website and App, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website and App. No waiver by Mindbosa of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mindbosa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The heading referenced herein are for convenience only. They do not constitute a part of these Terms of Use and will not be deemed to limit or affect any provisions hereof.

Contact Us

All feedback, comments, requests for technical support and other communications relating to our Website or App and welcomed and should be addressed to: help@mindbosa.com or mailed to: 21 Colonial Ave, located at South Portland, Maine 04106.

Last Updated: December 4, 2017