Welcome to Mindful Healing Touch! We’re so grateful you are here. 

 

Terms of Use + Privacy

 

Mindful Healing Touch provides programs, courses, and services (for educational, informational purposes) relating but not limited to movement, Pilates, and somatic coaching as well as sells ecommerce products. 

 

Please read these Terms of Use carefully before engaging with this site, purchasing, accessing or using any of our products, programs, or services. Please read these terms carefully. We reserve the right to change these Terms from time to time. By engaging with this site, programs, and services or purchasing our products, you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time, for any reason, you do not agree with these Terms, immediately discontinue your use or engagement with our site, programs, services, or products. Mindful Healing Touch is happy to answer any questions you may have. 

 

These Terms of Use require use of arbitration on an individual basis to resolve disputes rather than jury trials, and limit the remedies available to yo in the event of a dispute. You agree and understand that by engaging with this site, and programs, services, and products of Mindful Healing Touch, you are voluntarily waiving certain legal rights. 

 

*Note: You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Carissa Logghe doing business as Mindful Healing Touch, and their members, officers, directors, trustees, shareholders, employees, independent contractors, instructors/teachers, licensees, licensors, subcontractors, representatives, consultants, advisors, attorneys and agents (current and past), suppliers, distributors, subsidiaries and affiliates, individually and collectively, and any related individuals or entities (collectively, “Mindful Healing Touch,” also referred to herein as “we,” “us” and “our”) provides website features and other products and services to you when you: (a) visit www.mindfulhealingtouch.com and other websites or software which currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms operated by Mindful Healing Touch (the “Site”); and (b) use Mindful Healing Touch products, services or communication tools/services (collectively, “Services”).

 

Your viewing and use of our Site and Services (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”) including your compliance with our Privacy Policy. This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.

 

You and Mindful Healing Touch agree, with limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. Arbitration means that you and Mindful Healing Touch are each waiving the right to a jury trial or to participate in a class action.  

 

Legal Agreement 

This is a legal agreement between you and Mindful Healing Touch. By use of the Site and engagement with its contents/services, products, you acknowledge that you understand you are bound by these Terms, agree to comply with applicable laws, rules and regulations with respect to your use of the Site, and represent you are an adult at least 18 years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside. 


 

Age Demographic

No children are permitted to use our Site. This Site is not directed toward or designed for children under 18 years of age, nor do we knowingly collect information about children under 18. If you are under 18 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 18 years of age, we will immediately upon notice cancel your account. If you wish to report an account created for a minor, please contact us at mindfulhealingtouch@gmail.com.

 

Assumption of Risk/Personal Responsibility

Please obtain a physician’s permission before beginning any exercise/movement/meditation program. You acknowledge and understand  that physical exercise can be strenuous and can expose you to the risk of serious injury. We ask that you obtain a physical examination from a doctor before participating in any exercise/movement/meditation activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.

 

By engaging with the Site and its products, programs or services, you acknowledge that you are doing so at your own risk. You agree and understand that you assume all risk, no results are guaranteed, and programs and services are meant for educational purposes only. You are solely responsible for your actions, choices, and results based on the engagement with this Site, and it’s programs, products, or services.

 

Privacy

When you engage with, apply for, enroll in, partake in programs, courses, or services or purchase products with Mindful Healing Touch, we may obtain and collect personal data/information including but not limited to your name, phone number, email address, billing information, credit card or payment information, preferences, interests, or other personally-identifying information. Items such as these would be considered “Confidential Information”.

 

When you provide such Confidential Information, you grant us permission to you and store said information. We will use our best efforts to keep your Information safe, confidential, and secure by taking precautions to protect it both online and offline. We cannot completely warrant or ensure the security of your Confidential Information or of any other data or information transmitted to use through our Site, services, programs, courses, or purchase of our products. Therefore, submitting Confidential Information is done at your own risk. We have taken actions to prevent the loss, misuse, and/or alteration of the Information you provide, but cannot make assurances about our ability to prevent any such loss, misuse, to you or any third party arising out of any such loss, misuse, or alteration. 

 

***You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at mindfulhealintouch@gmail.com


 

Intellectual Property Rights

Mindful Healing Touch is the exclusive owner or licensee of all the content and materials on the Site (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, the design, look, layout, graphics, program materials or any other materials or aspects of materials provided for you from us. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.

 

You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.

 

If you purchase or access materials related to our services, products or programs you are considered a Licensee. To prevent confusion, any content obtained via us is our property and you are granted revocable, non-transferable licence for personal use only (limited only to you, no commercial use). You may not reproduce materials, services, or products from us without our consent. 

 

You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.

 

Acceptance of Terms

On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.

 

Responsible Use of Our Site

The Site may contain chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the Mindful Healing Touch community at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that Your Use of the Site is solely for private and personal purposes.

You Are Responsible For Your Account Maintenance and Confidentiality. You may access some portions of the Site without a login. However, there is Content on this Site which is available only if you create an account. When any of the Services on the Site require you to open an account (“Account”) or otherwise provide user or registration information, including username and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses our Site by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the Site.

*Please note, normal carrier rates apply. If you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will apply.

 

Cancelling Your Account

You have the right to cancel your Account at any time. 

You agree that you will not share your username and password with others. 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

 

Fees for Features

Some of the Content on Our Site requires you to pay a fee, the details of which are available in various areas of the Site. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account or your User Information.

We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed and your User Information may be disabled without warning or notice at our sole discretion.

You acknowledge and agree that any applicable fees and other charges for fee- based products, services, or features are refundable in whole or in part at the sole discretion of Mindful Healing Touch.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Site.

When buying an item/product, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services/for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Return and Refund Policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased (ii) Some products may not be return and this will be clearly outlined in the description for the specific item under “Return Policy”.

Right to Alter/Change Offering(s)/Services

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason whatsoever.

Warranties/Responsibility for Products/Services

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

Apps and Third Party Services

When you use our Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

 

Third Party Websites

The Site contains links to websites of third parties and advertisements of third party products and services. If you use these links, you will leave our Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and our Terms and Privacy Policy do not apply to them.

You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.

 

Disclaimers/No Warranties

We administer, control and operate the Site from our offices in the County of Los Angeles, California, USA. The Site is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of the USA and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions.

We do not represent that our Site is governed by or operated in accordance with the laws of other nations. Your Use of the Site may not be legal in your jurisdiction. Therefore, Your Use of the Site is on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.

 

The Site provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site.

 

*As a user, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with the site is to terminate your account and discontinue all use of the site.

 

Limitation of Liability

Advice received via the Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

To the maximum extent permitted by applicable law, in no event shall Mindful Healing Touch, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Mindful Healing Touch assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. 

Except as set out below, under no circumstances, including any breach of contract, tort, negligence, strict liability or arising under any other legal or equitable theory will Mindful Healing Touch be liable for any direct, indirect, statutory, special, exemplary, punitive, incidental or consequential damages that may arise out of or in connection with the use of or inability to use the site (including, without limitation, us of or reliance on information available on or in the site or otherwise relied on or used by us in delivering the Site, and/or any interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, and/or any other failure of performance), or for any content, information, software, products, or services obtained or accessed through the stie, even if advised of the possibility of such damages. By agreeing to and accepting these terms, you hereby irrevocably release Mindful Healing Touch (as defined above) from liability of any kind, and for any consequence(s) arising from the use of the site. This involves any and all losses, including but not limited to, medical expenses, property damage, loss of profit, damage to reputation, fees, actual attorney’s fees and costs, expenses or any damage, whether direct or indirect, whether financial or non-financial.

In no event shall Mindful Healing Touch be liable for any content posted, transmitted, exchanged or received by Mindful Healing Touch on behalf of any user or other person on or through the Site (including any user submissions). In no event shall the total liability of Mindful Healing Touch to you for all damages, losses, and causes of action exceed, in the aggregate (i) the amount, if any paid by you to us for your us of the Site or for any of your activities in connection with the Site during the three (3) months immediately preceding your claim, or (ii) the sum of one hundred U.S. dollars ($100.00 USD), whichever is greater. 

You use the Site at your sole risk. The Site, including all content, software, website, functions and materials, is provided “as is” and “as available” without warranties of any kind, either express or implied, including, without limitation, any warranties with respect to any uptime or uninterrupted access, the availability, accuracy or usefulness of any or all Site content, or any implied warranties or merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, feature, quality, compatibility, performance, security or accuracy. We do not warrant the Site or its contents and/or services will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors or defects. You use the Site at your own risk. We also assume no responsibility, and shall not be liable, for any damages to or virus(es) that may infect your computer equipment, cellular/mobile phone or other property on account of your access to, browsing, okr use of the Site. You are solely responsible for implementing sufficient safeguard procedures and virus checks (including anti-virus, regular system upgrades and other security checks and measures) to satisfy your particular requirements for the accuracy and security of data input and output. No advice, results or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. 

Changes are periodically added to the information herein. Mindful Healing Touch may make improvements and/or changes in the Site at any time. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

To the extent allowed by the law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • Delaying, rejecting, or removing any or all content ay any time for any or no reason whatsoever with or without notice to you;

  • Modifying or discontinuing temporarily or permanently, the Site (or any part thereof) with or without notice to you for any or no reason whatsoever;

  • Immediately terminating your access to the Site for any or no reason whatsoever and with or without notice to you;

  • The accuracy, usefulness, or availability of any information posted to to or through the site; or

  • Any loss of damage of any sort incurred by you as a result of interactions you have with third-parties found on or through the Site.

In no event shall we be liable to you for any direct, indirect, punitive, statutory, exemplary, special, incidental or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of these terms, even if we have been notified of the possibility of damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. You agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitaitons. 

 

 

Procedure For Making Claims of Copyright Infringement.

We respect the intellectual property rights of others and require our users to do the same. 

If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Site, please send a notice of claimed infringement, including the information listed below, to Mindful Healing Touch at: mindfulhealingtouch@gmail.com

Where appropriate, we will work to prevent unlawful activity from taking place on or through the Site.

 

 

Indemnity

You agree to indemnify and hold Mindful Healing Touch harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

You agree to defend, indemnify and hold harmless Mindful Healing Touch, as defined above, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) Your Use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with your unique username, password or other appropriate security code.

You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

Released Parties.

To the fullest extent permitted by law, you release Mindful Healing Touch, as defined above, from any and all responsibility, liability, claims, demands, and/or damages (direct, indirect, incidental, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your Account by you or a third party; (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. You also waive California Civil Code § 1542 which says:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

 

Governing Laws 

You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms, Your Use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You also agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than California.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Los Angeles County, CA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Los Angeles Courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Agreement in English

It is the express wish of the parties that this agreement and any and all related documents be stated in English. To the extent any agreement or other document is prepared in a language other than English, and there results a conflict between the English version and the version in the other language, the English version shall govern.

© 2020 By Mindful Healing Touch -Carissa Ashly Logghe

5805 White Oak Ave #16694 Encino, CA 91416