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Mind and Body Challenge
Terms and Conditions Agreement

Last updated: Dec 11th 2020

The Wellness Coach Mind and Body Challenge (the “Program”) is a voluntary wellness program that encourages a healthier lifestyle. The Mind and Body Challenge is free to join and does not need any payments. You take responsibility for taking part in the program (the “Program Sponsor”) and the program is operated by Meditation.live, Inc., a corporation organized under the laws of the State of Delaware, headquartered at 429 Lenox Ave, Miami Beach, FL 33139 (“Wellness Coach”, “Us”, “We” or “Our”).

This Mind and Body Challenge Terms and Agreement (the “Agreement”) explains how you can access and use the Program. Please carefully read through this Agreement. To join the Program and enjoy the Wellness Coach services and Program benefits you must create an account or have an existing account. By creating an account and selecting the “I Agree” box to join the Mind and Body Challenge you agree to all the provisions contained in this Agreement.

Any rights not expressly granted to you by this Agreement are reserved by Wellness Coach. If any provision of this Agreement is found to be unenforceable, all other provisions will remain unaffected. All provisions of this Agreement that relate to ownership of intellectual property, disclaimers, liability and restrictions on access and use of the Wellness Coach platform will remain unaffected by the expiration or termination of this Agreement.

What must I do to use the Program?

In exchange for Us providing you access to the Program, you agree to comply with the terms of this Membership Agreement and applicable law. Your rights and obligations as a Member are governed by this Agreement. By creating an account and becoming a Member you confirm that you are at least 18 years old and you promise to abide by the terms of this Agreement.

How can I participate in the Program and win prizes?

There is no charge to participate in the Program. All the classes needed to participate or win are free for anyone who has a valid account with Wellness Coach app. (Login - Wellness Coach)

Since each Program’s prizes may be different, prize information can be found under the Challenge section of the Program.

To Win any prize that is valued at or greater than $1 (one US Dollar)

  • You must be a legal resident of the United States of America and over 18 years of age
  • You are not related with Meditation.live or its affiliates or their family members
How are winners decided?
  • 24 hours after the close of the challenge, a leaderboard section on the Wellness Coach app will show winners listed by ranking
  • Ranking of how to win is based on total minutes of classes taken and at the time they were taken. E.g. user Alex totals 115 minutes of the challenge at the end and Alex took the last class at 5PM, and user John total 115 minutes of the challenge but took the last class at 9AM, even though Alex has the same minutes, because John finished earlier in the day, John will rank higher
  • All time zones will be local to the user and challenge results will be adjusted accordingly. That means a user in Australia does not have a time advantage over someone in the USA.
How long is this Agreement valid for?

This Agreement becomes enforceable once you accept its terms and remains in effect until it is terminated when your account is cancelled.

How can my account be cancelled?

You can cancel your account, and terminate this Agreement, for any reason at any time, by submitting an email to Support@wellnesscoach.live or chatting with us via our website: www.wellnesscoach.live

Wellness Coach may terminate your membership or the Program any time for any reason at any time, which will result in cancellation of your account.

We reserve the right to review and assess your conduct and compliance with the terms of this Agreement and, in the event of a material breach, we may terminate your membership.

We reserve the right to terminate your membership if you violate any of the conditions under https://www.wellnesscoach.live/codeofconduct

What steps should I take to protect my account?

You agree that you will not allow any third parties to access your account. You agree to make sure you keep your username and password confidential and you will not share your username and password with third parties, as they can be used to access your account.

If you use a shared mobile device or computer or a computer in a public place to access the web-based platform, it is advisable that you close your browser when you complete a session, to help ensure others do not access your Personal Information.

If you know or believe your account or login information may have been compromised, please contact Us immediately.

Does Wellness Coach have rules about information accuracy?

Yes. By entering into this Agreement, you agree that all the Personal Information you provide Us with will be true, accurate and complete, and you will continue to update this information on your Member profile as it changes. You agree that you will utilize the Program for its intended purpose and not modify or falsify your Personal Information, activity and fitness information or biometric and health information. You are fully and solely responsible for all activity on your account, including any inaccuracies in the information you share. Wellness Coach reserves the right to periodically review your activity information to safeguard against Program abnormalities and Program abuse. If your activity information indicates there may be an abnormality or Program abuse, and such abnormal/abusive activity continues after initial communications from Us, We reserve the right to share your activity information with your Program Sponsor and make adjustments, suspend or terminate your account, in accordance with your Program Sponsor’s instructions.

What are my rights to access and use the web-based platform and mobile application?

The web-based platform and mobile application (including any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Meditation.live or its respective owners, as the case may be, and is protected by U.S., Canadian and international copyright, trademark and other laws. Your use of the web-based platform or mobile application does not transfer to you any ownership or other rights in the web-based platform and the mobile application or their content. You may use the web-based platform and the mobile application only in the manner described expressly in this Agreement and subject to all applicable laws. Using the web-based platform and mobile application for any other purpose or in any other manner is strictly prohibited.

We are subject to U.S. laws and regulations, including but not limited to U.S. export controls and economic trade sanctions laws. Your use of the web-based platform or mobile application is strictly conditioned on your (i) not being located in any jurisdiction subject to embargo by the U.S. government, and (ii) not being listed on any list of persons blocked or sanctioned by the U.S. government. By using the web-based platform or mobile application, you represent to Us that you are not prohibited under U.S. law from receiving such services. Should We discover that you are prohibited from using the web-based platform or mobile application pursuant to U.S. export controls, economic trade sanctions laws or other laws applicable to Us, Wellness Coach reserves the right to immediately terminate your access to such services without notice or liability. Wellness Coach is under no obligation to apply for or obtain any license from the U.S. government to provide you with use of the web-based platform or mobile application.

Wellness Coach hereby grants you a personal, limited, revocable, non-transferrable, non-assignable and non-exclusive license to access, read and print the content of the web-based platform and the mobile application for your personal, non-commercial, and not-for-profit use only. You may not modify any of the pages, nor remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The web-based platform and the mobile application, as well as their content may not be copied, imitated, reverse engineered, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Wellness Coach. You may not use any of the software that is used in the operation or provision of the web-based platform and mobile application except while you are using them in accordance with this Agreement.

Are the trademarks on the web-based platform and mobile application protected?

Yes, Meditation.live, Wellness Coach and other marks and logos appearing on the web-based platform, mobile application and other websites are registered and unregistered trademarks, or trade names owned by Meditation.live, Inc and used under license (collectively “Marks”). Other product and company names and logos may be registered or unregistered trade-names or trade-marks of their respective owners. Any use of the trade-names, trade-marks, and logos displayed on the web-based platform and mobile application, or any word, term, name or symbol that is likely to cause confusion with respect to your connection or association with Us or suggesting Our approval or sponsorship is strictly prohibited. Nothing appearing on the web-based platform or mobile application, or elsewhere, shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the web-based platform or mobile application.

What precautions should I take to participate in the Wellness Coach Program?

ALWAYS CONSULT WITH YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. By enrolling and participating in the Program you certify that you are healthy and that your physical condition allows you to perform moderate to intense exercise. If you experience any physical symptoms such as abnormal or sudden blood pressure changes, fainting, dizziness, or irregular heartbeat or any other physical symptoms which seem abnormal to you while participating in the Program, stop exercising immediately and consult your doctor without delay.

Does Wellness Coach provide medical advice?

No. WE DO NOT PROVIDE MEDICAL ADVICE. The information We provide is for educational and informational purposes only and should not be considered medical advice, diagnosis or treatment. If you have any healthcare-related questions, please call or see your physician or other qualified health care provider without delay. Wellness Coach shall not be liable for any diagnostic or treatment decision made by you in reliance on any information provided by Wellness Coach (e.g., at a Health Station or through the Program). Should any unexpected medical event occur while you are participating in the Program, please seek medical advice, diagnosis or treatment without delay. Your reliance on any information made available through your participation in the Program is solely at your own risk.

How are Program errors and problems diagnosed and managed?

From time to time, you may encounter a technical or other problem in inputting or retrieving your Personal Information. In order to review and resolve these errors, We may need to access your Personal Information and Member account. You agree to make your Member account details and Personal Information available to Us to allow Us to diagnose and resolve the problem.

What is Wellness Coach’s liability?

Wellness Coach’s liability may vary based on your country of residence. You agree that in no event shall Meditation.live be liable to you for any business losses and any liability Meditation.live does have for losses you suffer arising from this Agreement shall not exceed $1 (USD) and is strictly limited to losses that were reasonably foreseeable.

You agree Meditation.live will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside Wellness Coach’s reasonable control.

US and Canadian Residents

Other than as expressly set out in this Agreement, Wellness Coach, its Program Partners and other vendors do not make any specific promises about the Program, the services or goods made available to you. The Program, as well as all services and goods under this Agreement are provided “AS IS” and “WITH ALL FAULTS.” To the extent permitted by law, Wellness Coach expressly disclaims all warranties and conditions with respect to all equipment, software, goods and services, either express or implied or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

UK Residents

If you live in the United Kingdom, nothing in this Agreement shall limit or exclude Wellness Coach’s liability to you:

  1. 1. a) for death or personal injury caused by negligence;
  2. 2. b) for fraudulent misrepresentation;
  3. 3. c) for breach of any obligations implied by section 12 of the United Kingdom’s Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  4. 4. d) under Part I of the United Kingdom’s Consumer Protection Act 1987; or
  5. 5. e) for any other liability that may not, by law, be limited or excluded.
German Residents

Wellness Coach’s liability for damages arising out of death or personal injury due to actions of a Wellness Coach legal representative or designated agent (“Erfüllungsgehilfe”) is unlimited. Wellness Coach’s liability for damages arising from the lack of a guaranteed characteristic, or from gross negligence, willful misconduct or fraud by a Wellness Coach legal representative or designated agent is unlimited. Except in the cases outlined above, in the event of a slightly negligent breach of a contractual core duty Wellness Coach shall only be liable to the amount of the typically foreseeable damage.

Contractual core duties are duties necessary for proper fulfillment of the contract, on which a party may reasonably rely on. Liability pursuant to the German Product Liability Act remains unaffected. Insofar as German residents are affected, Wellness Coach’s sole liability and Member’s sole remedy shall be pursuant to this clause.

What is the applicable law and venue under this Agreement?

Except where prohibited by local law, this Agreement is governed by and interpreted and enforced in accordance with the laws of Florida. Any dispute between you and Meditation.live is subject to the exclusive jurisdiction of the federal and state courts in Florida, other than for actions to enforce any order or judgment entered by such courts.

Is the Membership Agreement binding on me?

When you create an account, you agree to transact electronically through the web-based platform and mobile application. You agree that your selection of an item, button, icon or other similar action, constitutes your signature as if actually signed by your in writing. By creating your account, you agree to be bound by the terms of this Agreement. We may update the terms of this Agreement from time to time. If We update these terms, you will be notified and required to review and accept these terms prior to being able to access the Program.

How does Wellness Coach make changes to this Agreement?

We may update this Agreement from time to time to reflect changes in Our information practice and services offered. If We make any material changes to this Agreement, our website will host the latest agreement with the changes. The date indicating the last update can be found at the top of the Agreement. If there are typographical mistakes, like grammar or spelling errors, in the Agreement we may correct them without notifying you.