PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
Welcome to the Your Mindful Year website or other technology platforms or products (collectively, the “Your Mindful Year Site”, including without limitation all web pages found at www.mindfulyear.com. The Your Mindful Year Site is made available to you by Diane Sieg. By using the Your Mindful Year Site, you signify your agreement to these Terms and Conditions of Use (the ” Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do NOT use the Your Mindful Year Site. Diane Sieg may revise and update these Terms and Conditions at any time. Your continued usage of the Your Mindful Year Site means you accept those changes.
The Your Mindful Year Site Does Not Provide Medical Advice or Treatment
The contents of the Your Mindful Year Site, such as text, graphics, images, information, messaging, audio, video, and other material contained on the Your Mindful Year Site (” Content”) are for informational purposes only. The Your Mindful Year Site does not provide medical or healthcare advice or treatment. The Content is not a substitute for professional medical advice, care, diagnosis, Program or treatment. Always seek the advice of your physician, psychologist or other qualified health provider with any questions or concerns you may have regarding a medical condition and to obtain the proper treatment. If you are having (or think you may be having) a medical emergency, call your doctor or 911 immediately! Never disregard professional medical advice or delay seeking medical advice because of information from or reliance on the Your Mindful Year Site.
We are committed to protecting the privacy of children. The Your Mindful Year Site is directed to adults in the United States and internationally and is not intended for children under the age of 16.
Use of Content
Your Mindful Year prohibits you from copying, downloading or reproducing any Content from the Your Mindful Year Site for any purpose without the prior written consent from Diane Sieg. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Diane Sieg. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Diane Sieg. All rights not expressly granted herein are reserved to Diane Sieg. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately delete, destroy or remove any copies you have made of any portion of the Content. Diane Sieg reserves the right to deny use of its mobile application by any prospective user.
Personal Use of Content
Diane Sieg requires registration for each user of the Your Mindful Year Site. Each subscription through our website is valid for one individual’s personal use of the Your Mindful Year Site. Each account is specific to the individual who registers the username, and your account may not be transferred or used by any other person, business or organization. By registering your account, you agree not to sell, publish, distribute, or otherwise provide access to your account to others, including, if applicable, your fellow students or employees.
Business Use License
The Your Mindful Year Site offers a different pricing and use model to businesses and organizations of more than one individual. Any business or organization using the Your Mindful Year Site must pay, register and obtain a ‘business-use license’ directly from Diane Sieg and may not register through our website as a personal user. Any use by a business or organization in violation of the foregoing sentence shall be void and cancelled and will result in liability by the user(s) for the full cost of a business-use license.
Limitation of Liability
The Your Mindful Year Site and Content are provided on an “as is” basis . The use of the Your Mindful Year Site and the Content is at your own risk. When using the Your Mindful Year Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Diane Sieg. Accordingly, Diane Sieg assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Your Mindful Year Site.
Diane Sieg ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE YOUR MINDFUL YEAR SITE OR THE CONTENT. In no event shall Diane Sieg, its employees, representatives, or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Your Mindful Year Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Diane Sieg, her employees, representatives or any third parties mentioned on theYour Mindful Year Site are advised of the possibility of such damages. By using this Site, you agree that Diane Sieg, her employees, representatives and customers will not be liable for any personal injury (including death) caused by your use or misuse of the Your Mindful Year Site or any Content. Any claims arising in connection with your use of the Your Mindful Year Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
Diane Sieg DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Diane Sieg makes no representations or warranties with respect to the accuracy, reliability or completeness of the Content or any communications provided on or through the use of the Your Mindful Year Site.
You are responsible for all Content that you submit, post, or otherwise make available to or through the Your Mindful Year Site. By doing so, you represent and warrant to Diane Sieg that such Content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
The Your Mindful Year Site contains functionality that allows users to upload content to the Site. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party.
If you submit any business information, idea, trade secrets or invention to Diane Sieg by email or otherwise, you agree such submission is non-confidential for all purposes.
You agree that you will only upload photographs, videos, audio or text (“Media”) to the Your Mindful Year Site that you have taken or written yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. By uploading any photographs and video on the Your Mindful Year Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. You further agree not to post a picture or video of or with someone else unless you have their explicit permission.
Diane Sieg reserves the right to review all Media prior to submission to the Site (or thereafter) and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.
By using the Your Mindful Year Site you agree not to upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Your Mindful Year Site or any other computer software.
The Your Mindful Year site has several tools that allow you to record and store information. It is your sole responsibility to maintain the confidentiality of the password associated with your account, control the access to and use of your password and account, monitor all activities under your account and assume full responsibility for all activates that occur under your account (unless the Your Mindful Year site causes a security breach). Further, you agree to promptly inform Diane Sieg if you believe your account or password has been compromised or if there is any other reason you need to deactivate your account or password.
You grant Diane Sieg and her employees and representatives involved in the operation of the Your Mindful Year Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Your Mindful Year Site. Diane Sieg cannot and does not assume any responsibility or liability for any information you submit, or the use or misuse of information transmitted or received to others using Diane Sieg’s and/or the Your Mindful Year Site’s tools and services.
You agree to defend, indemnify, and hold Diane Sieg, her officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Diane Sieg is based in Denver, Colorado, in the United States of America. Diane Sieg makes no claims that the Your Mindful Year Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Your Mindful Year Site or the Content may not be legal by certain persons or in certain countries. If you access the Your Mindful Year Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Diane Sieg, or in any way relating to your use of the Your Mindful Year Site, resides in the courts of the State of Colorado, county of Denver, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Diane Sieg or her affiliates, employees, contractors, officers, directors, service providers, and/or content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
© 2014 Diane Sieg. All rights reserved.