Karuna Happiness Foundation, Inc.
I. OVERVIEW AND IMPORTANT DEFINITIONS
1. Services. The Charity is a social enterprise that offers tools for personal wellbeing. Charity subscription services include: [LIST TOOLS USED]. Collectively, these services will be defined as “Services.”
2. Subscribers. Subscribers are users who subscribe to The Charity Services (“Subscriber”). Subscriber’s use of and access to the Services is subject to the terms and conditions of this Agreement.
II. TERMS AND CONDITIONS GOVERNING SUBSCRIPTIONS TO SERVICES
5. Cancellation of Services. Subscriber may change Subscriber’s Services through the My Account page. If Subscriber changes Subscriber’s plan, Subscriber will be billed according to the terms of the new plan. Subscriber may cancel Subscriber’s Services at any time by selecting the cancel button on the My Account page. Subscriber’s Services will be canceled within three (3) days after Subscriber submits Subscriber’s cancellation. Due to the highly personalized nature of our services and print-to-order inventory management system, we are unable to offer any refunds.
6. Use of The Charity. Subscriber agrees that The Charity is not liable or responsible for any and all actions taken by Subscriber in connection with The Charity. While The Charity endeavors to provide Subscribers with up-to-date advice, The Charity does not provide medical advice.
CANCELING SUBSCRIBER’S ACCOUNT WILL CAUSE SUBSCRIBER TO IMMEDIATELY LOSE ACCESS TO THE CHARITY SERVICES AND DATA. The Charity does not retain data or information from canceled accounts.
7. No Refunds. The Charity does not provide refunds due to the highly personalized nature of our platform of services. Subscriber acknowledges and agrees that Subscriber will not be entitled to a refund for any unused Services.
8. Changes to Services. The Charity may change the Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Services. The Charity reserves the right to cancel, suspend, or block Subscriber’s access to the Sites or Services at its sole discretion for violations of this Agreement, or for any other reason. Access to any Services is dependent upon Subscriber complying with any applicable laws.
9. Coaching. Subscribers to The Charity may redeem coaching sessions in accordance with the level of subscription. Additional one-on-one coaching sessions may be made available in the future.
III. REPRESENTATIONS OF The Charity SUBSCRIBERS.
By entering into this Agreement, Subscriber represents and warrants that:
Subscriber is at least 18 years of age.
Subscriber had and will maintain the latest version of Chrome, Firefox or Safari. The Charity does not support Microsoft Edge or Microsoft Internet Explorer.
Subscriber has submitted truthful and accurate information in connection with this Agreement and Subscriber shall maintain the accuracy of such information.
Subscriber has not and will not impersonate any other person or entity or otherwise misrepresent Subscriber’s identity in an online profile or in connection with Subscriber’s use of the The Charity Services.
Subscriber has and will maintain a valid email address throughout the course of Subscriber’s The Charity subscription.
Subscriber will not authorize others to use Subscriber’s The Charity account, profile, or messages.
Subscriber will inform The Charity immediately upon learning of a security breach that relates to Subscriber’s account or a third party's improper use of the Services in connection with Subscriber’s The Charity account and/or email address.
Subscriber’s use of Services may depend upon Subscriber demonstrating that Subscriber has paid for the Services.
If The Charity cannot charge Subscriber’s credit card at renewal, or Subscriber’s credit card payment is declined, The Charity may cancel Subscriber’s access to the Services and Subscriber may lose access to the Services and all associated data.
Some components of the Services are publicly available or available to other Subscribers and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
V. SUBSCRIBER GENERATED CONTENT
1. Subscriber Generated Content. "Subscriber Generated Content” shall be defined as: any information posted by or provided by Subscriber, including notes made by Subscriber through The Charity, changes to checklists and other information provided by Subscriber through The Charity or in connection with the The Charity whether publicly posted or privately transmitted.
2. The Charity’s Obligations and Limitation of Liability Regarding Subscriber Generated Content
a. The Charity assumes no obligations related to Subscriber Generated Content created in connection with the Services. Subscriber expressly agrees The Charity shall not be liable in any way for any Subscriber Generated Content, including, without limitation, any liability related to any loss or damage of any kind incurred as a result of the use of any Subscriber Generated Content posted, emailed, or otherwise transmitted via The Charity.
3. Subscriber’s Obligations. Subscribers expressly agree to comply with the following obligations with Subscriber Generated Content:
a. Subscriber assumes legal responsibility for all Subscriber Generated Content.
b. Subscriber is solely responsible, at Subscriber’s sole expense, for creating backup copies and replacing any Subscriber Generated Content created, posted or stored by Subscriber on The Charity on the Sites or otherwise provide to The Charity. Subscriber assumes all risks associated with the potential loss or compromise of Subscriber Generated Data.
c. The Charity assumes no obligation to maintain or store Subscriber content. The Charity may delete, modify, or restrict the display of Subscriber Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, or violation of this Agreement. Once deleted, Subscriber Generated Content may not be retrieved.
d. Subscriber retains full ownership of all of Subscriber Generated Content to the extent of Subscriber’s intellectual property rights or other proprietary rights associated with Subscriber Generated Content.
e. Subscriber authorizes The Charity to make such copies as The Charity deems necessary to facilitate the posting and storage of Subscriber Generated Content and provide the The Charity services to Subscriber. Subscriber authorizes The Charity to anonymize and aggregate Subscriber Generated Content and any data Subscriber shares with The Charity (“User Data”), including data associated with google analytics and social media profiles. Subscriber authorizes The Charity to use such content and data to enable The Charity to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third-party account or profile), Subscriber grants The Charity, its affiliates and partners an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated Subscriber Generated Content and User Data, in all present and future media, and in any manner relating to the The Charity.
VI. SERVICES LIMITATIONS.
The Charity may establish limits concerning the use of the The Charity in its sole discretion. The Charity reserves the right to modify or discontinue the The Charity (including any part or feature thereof) at any time, with or without notice. Subscriber agrees that The Charity shall not be liable to Subscriber or to any third party for any modification, suspension, or discontinuance of the The Charity.
VII. BETA SERVICES.
From time to time, The Charity may add new features to the The Charity that may be described as "beta" services or features (collectively, "Beta Features"). Beta Features will be considered part of the The Charity and all provisions of this Agreement relating to the The Charity will apply to the Beta Features as well. Subscribers acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the The Charity. Subscribers use Beta Features at Subscriber’s risk. The Charity does not warranty the Beta Feature. Subscriber assumes any risk that Beta Features may harm or interrupt the regular running of Subscriber’s software or hardware.
VIII. SERVICES CREDITS.
The Charity may from time to time offer opportunities to earn credits toward future Services ("Services Credits"). These Services Credits are awarded at the sole discretion of The Charity, and may be revoked at any time, for any reason. Service Credits are not redeemable for cash, and may not be exchanged, sold, or rolled into a separate account. Unused credits shall expire at the discretion of The Charity.
XI. TRADEMARKS; COPYRIGHTS; PROPRIETARY RIGHTS.
The Charity owns the copyrights, trademarks, service marks, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, trade names and other intellectual property and proprietary rights, and all other elements and components of the The Charity ("The Charity Content"). The Charity Content specifically excludes Subscriber Generated Content.
Subscribers may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the The Charity Content in whole or in part except as expressly authorized in writing by The Charity. The Charity does not grant any express or implied rights in The Charity Content to Subscribers. All rights in and to The Charity Content are retained and reserved by The Charity.
The term “The Charity” and anything that identifies or distinguishes The Charity from other goods are services are registered or unregistered trademarks of The Charity (the "The Charity Trademarks"). Except as otherwise permitted by law, Subscriber agrees not to display or use in any manner the The Charity Trademarks without The Charity's prior written consent.
IX. SUBSCRIBER INDEMNIFICATION OF The Charity.
Subscriber hereby indemnifies and holds The Charity and its affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Subscriber Generated Content or User Data submitted, posted, transmitted, or made available by Subscriber through the The Charity, (ii) Subscriber’s unauthorized use of the Services, (iii) Subscriber’s use of the Services to provide a link to other websites or to upload content or other information to websites, or (iv) Subscriber’s violation of this Agreement, or (v) The Charity’s violation of any rights of another, including but not limited to, infringement of copyright or other intellectual property rights.
X. The Charity WARRANTIES AND LIMITATIONS.
The Charity provides the Services "as-is". The Charity provides no express warranties, guarantees, or conditions related to the Services. To the extent permitted by law, The Charity disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, The Charity does not warrant that the Services will be accurate, error-free, virus-free, or uninterrupted, or that the Services will meet any specific requirements of a Subscriber.
The Charity does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided in connection with the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the The Charity.
XI. LIMITATION OF LIABILITY.
Subscriber acknowledges that The Charity cannot provide the Services at a reasonable price without limiting its liability as set forth herein. As an express condition of Subscriber’s use of the Services, Subscriber limits The Charity's potential liability to Subscriber as set forth herein clause. This limitation of liability is a fundamental element of the basis of the agreement between The Charity and Subscriber.
The Charity shall have no liability for Subscriber’s use of the Services. The Charity cannot and does not guarantee any particular result as a result of Subscriber’s use of the Services.
Under no circumstances will The Charity or its affiliates be responsible for any loss or damage resulting from Subscriber’s use of the The Charity including but not limited to,
Any personal wellbeing services offered by The Charity are not intended to replace clinical advice, counseling and/or treatment that the Subscriber may need. The Charity offers tools to help manage stress, anxiety, burnout and other mental wellbeing issues. However, the results are purely dependent upon the Subscriber’s consistent and correct use of such tools. Even when used correctly and consistently, The Charity cannot guarantee any intended results. The Charity shall have no liability for Subscriber’s use of these tools.
IMPORTANT: If you think you are at risk of harming yourself or others, please seek qualified professional medical attention immediately. The Charity does not offer any additional support services in this regard and The Charity’s services have not been tested for their efficacy in providing relief from mental stress, anxiety, burnout, depression or ideation to harm oneself or others.
Under no circumstances will The Charity or its affiliates be responsible for any loss or damage resulting from Subscriber’s use of the Services. To the extent permitted by applicable law, The Charity shall not be liable for any consequential, special, or incidental damages or lost profits resulting from Subscriber’s access to or use of the Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal or equitable theory. This includes Subscriber’s inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Services. Without limiting the foregoing, Subscriber specifically acknowledges that The Charity is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Subscribers or third parties and that the risk of injury from the foregoing rests entirely with Subscriber. These limitations apply to any matter related to the, Services or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate Subscriber for any losses, or fails its essential purpose; or even if The Charity knew or should have known about the possibility of the damages.
XII. DISPUTE RESOLUTION.
If a dispute arises from or related to this Agreement, either party may request to mediate the dispute by providing written notice to the other party. Within ninety (90) days of the receipt of such written request, the parties shall schedule a mediation, which may be conducted by phone or teleconference, with a mediator chosen by The Charity. If the dispute is not resolved by mediation within ninety (90) days from the date of mediation, the Parties may proceed with arbitration. The Parties agree that mediation is a condition precedent to arbitration provided, however, that either Party may seek injunctive relief from any court having jurisdiction in the event that party is faced with immediate or irreparable resulting from any actions or negligence of the other Party.
If the Parties are unable to resolve a dispute arising from or related to, this Agreement, or the breach thereof through mediation within ninety (90) days after the mediation, any remaining controversy or claim arising from or related to this Agreement, or the breach thereof, will be settled by final and binding arbitration in accordance with the [STATE OF FLORIDA]. Such arbitration shall be administered by the Judicial Arbiter Group. The Arbitrator shall award fees and costs, including attorneys’ fees, to the prevailing party.
XIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Subscriber shall comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, and without limitation, Subscriber shall comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which Subscriber resides.
XIV. MISCELLANEOUS CLAUSES
Electronic Form. By accessing the Services, Subscriber agrees to have this Agreement provided to Subscriber in electronic form. The Charity recommends that Subscriber print a copy of this Agreement for Subscriber’s records.
Notices. If The Charity must send Subscriber additional information regarding the Sites or Services, or in connection with this Agreement, Subscriber consents to receiving this information electronically. The Charity may provide required information to Subscriber by email at any address Subscriber registered with the Sites or Services or via the Sites or Services itself. Notices provided to Subscriber via email will be deemed given and received on the transmission date. Subscriber understands and agrees that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. The Charity is not obligated to notify Subscriber if changes are made to this Agreement, so please check the terms regularly.
Forum and Jurisdiction. This Agreement is governed by the laws of the State of [STATE OF INCORPORATION] without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTIES OR CITIES IN STATE]. Subscriber irrevocably consents to the jurisdiction of the courts in [COUNTIES OR CITIES IN STATE].
Additional Rights and Obligations. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party's failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party's rights to act subsequently. Subscribers may not assign rights or delegate any duties under this Agreement. The Charity may assign rights or delegate duties under this Agreement in connection with a merger, reorganization, or sale of substantially all of its assets. This Agreement will bind successors and permitted assigns.