Terms of Service
1 GENERAL INFORMATION
1.1 DANAGARCED.COM SERVICES
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.danagarced.com (the “Website”), through our applications (the “Apps”) or via partner websites or other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Services”). Please read these terms and conditions, carefully before ordering any Services from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Dana Garced,” “us” or “we” refers to DanaGarced LLC. A New Jersey Limited Liability Company. The term “Device” refers to the device which is used to access the Services including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Services. When you order (“Order”) any Products or Services from the Website, or otherwise use or access the Website or other Services, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of or other access to the Services. At such time, if you do not click “I accept”, you will not be able to complete such purchase or gain such access. By using the Website or other Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website and other Services.
Our contact email address is Dana@DanaGarced.com. All correspondence to DanaGarced LLC including any queries you may have regarding your use of the Website or other Services or these Terms should be sent to our contact email address.
1.2 BASIS OF SALE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such Services in which you choose to use, those additional terms are hereby incorporated into these Terms.
(b) All Purchases of Products and Services from DanaGarced.com are final, and are not subject to return, cancellation, refund or reimbursement under any circumstances.
1.3 CHANGES TO TERMS
We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Your continued use of the Services after such changes are made conclusively demonstrates your acceptance of such changes. If your purchase of the Services is on-going, we will give you prior notice of any changes to these Terms and you may elect to cancel the Services without penalty before the changed Terms affect you.
2 MATERIALS OFFERED THROUGH THE SERVICES
All materials (including software and content whether downloaded or not) contained on the Website or the other Services are owned by Dana Garced LLC (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on the Website and in the other Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
Audio or video content from DanaGarced.com not explicitly indicated as downloadable may not be downloaded or copied from the Website or the other Services or any Device.
The Website and the other Services are not intended for commercial use. Commercial advertisements affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used on the Website or the other Services for commercial purposes without obtaining a written license to do so from us. Material from the Website or the other Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Website and the other Services and may subject you to legal liability. You agree not to use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the other Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Website or the other Services.
A limited amount of content will be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by DanaGarced.com through the Services that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), DanaGarced.com grants you a limited right to download, reproduce and distribute such content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Services, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain clear GIFs or cookies that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. DanaGarced.com will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
2.2 TRADE MARKS
DanaGarced.com, the DanaGarced logo and all other DanaGarced product or service marks are trademarks of Dana Garced LLC. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the other Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.
Your misuse of the trademarks displayed on the Services is strictly prohibited. Dana Garced LLC will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
3 LINKS TO WEBSITES/SERVICES
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website and the other Services must not be framed on any other website, nor may you create a link to any part of the Website or the other Services unless you have written permission to do so from DanaGarced.com. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on the Website or the other Services other than that set out above, please address your request to dana@DanaGarced.com
4 SERVICES DISCLAIMER
The information contained on the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
5 MEDICAL DISCLAIMER
Danagarced.com and all of its affiliates (Company) are providers of general information relating to meditation and mindfulness practices. Company makes no claims that it is a medical service provider, nor does it purport to treat any medical illness. The information contained herein is to be used in the general practice of meditation. Any reliance on any of the information, claims, or practices espoused within are made solely at the users' risk. Any user experiencing serious medical issues or needing medical advice should consult their doctor.
Any health information and links on the Services, whether provided by DanaGarced.com or by contract from outside providers, is provided simply for your convenience.
Any advice or other materials on the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. The advice and other materials are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published on the Services.
6 DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: Jeffrey Plate Esq., 1151 Deal Rd, Ocean, NJ 07712
By Email: firstname.lastname@example.org
Subject Line: DMCA
7 GENERAL TERMS AND CONDITIONS
7.2 ASSIGNMENT BY US
DanaGarced may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
7.3 INDEMNITY BY YOU
You agree to defend, indemnify and hold DanaGarced and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. DanaGarced reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DanaGarced defense of such claim.
7.4 WARRANTIES AND LIMITATIONS
(a) We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Services available to you during your subscription.
(c) Nothing in this sections 7.4 or otherwise in these Terms shall exclude or in any way limit DanaGarced’s liability for: fraud; or death or personal injury caused by its negligence; or liability to the extent the same may not be excluded or limited as a matter of law.
(d) The Services and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Services or their content. We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Service. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Services to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services. We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
7.5 APPLICABLE LAW
Your use of the Services is governed by these Terms and these Terms shall be construed and enforced in accordance with the laws of the State of California, United States. Disputes arising from or in connection with your use of the Services we provide are subject to the non-exclusive jurisdiction of the US and state courts located in the State of California.
We make no representations that the Services are appropriate or available for use outside of the United States or the UK. If you access the Services from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
7.6 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
7.7 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
7.9 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to DanaGarced at info@DanaGarced.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 7.9 above. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
7.12 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
7.7 THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.
7.14 OUR LIABILITY
We will use reasonable endeavors to remedy faults in the Services. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Service in question. In addition, we will not be liable for:
Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Website or any other Service, or from transmissions via emails or attachments received from us.
Any use of websites linked to the Website or the other Services but operated by third parties.
These Terms are effective and were last updated on March 1, 2016.
1. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information about you:
Personal information including, for example, your name; home or business address; e-mail address; telephone, wireless or fax number; short message service or text message address or other wireless device address; instant messaging address; credit or debit card or other payment information; demographic information or other information that may identify you as an individual or allow online or offline contact with you as an individual.
Information that you provide by filling in forms through the Services. This includes information provided at the time of registering to use the Services, subscribing to the Services, and posting material to the Services. We may also ask you for information when you enter a competition or promotion sponsored by us and when you report a problem to us with the Services.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through the Services and of the fulfillment of your orders the Services.
Details of your visits to the Website and use of other Services including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Facebook profile information if you choose to log in to the Services through Facebook.
2. CONFIDENTIALITY AND SECURITY
Any information you provide will be held securely and in accordance with applicable privacy laws. Except as described under Disclosure of Your Information below, we do not provide your personal information to any third party without your specific consent
3. INFORMATION WE COLLECT FROM VISITORS
If you sign up to receive email newsletters from us we will use the information you give us to provide the Services you have requested.
If you inform us that you wish to cancel email newsletters we will remove you from our mailing list and your details will be deleted from our records.