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Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE (these “TERMS OF SERVICE”) CAREFULLY BEFORE USING THIS SITE AND THE SERVICES. You must agree to these Terms of Service in order to use this Site and the Services. If you do not agree to these Terms of Service, do not use this Site!

These Terms of Service apply to the web site located at www.emindful.com/terms-of-service, and the subdomains thereof (the “Site”). These Terms of Service also apply to various online services and applications provided by eMindful on or through the Site, as well as any mobile/tablet applications that link to or reference these Terms of Service (collectively, the “Services”). Your access to and use of the Site and the Services (whether or not you are a registered subscriber) is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws, rules and regulations. By accessing and using this Site and/or the Services, you signify your assent to these Terms of Service. These Terms of Service (including the Privacy Policy) may be amended or modified at the sole discretion of eMindful Inc. (“eMindful ” or “we”, “us” or “our”), or new conditions may be imposed by eMindful, at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting.

Please check these Terms of Service periodically for changes. Your continued use of the Site and/or the Services following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service (including the Privacy Policy), do not use the Site and/or the Services.

This Site Does Not Provide Medical Advice

All materials presented on this Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never delay seeking professional treatment or advice because of anything you may have read on our Site! If you think you may have a medical emergency, call your doctor or (in the United States) 911 immediately.

We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information contained on the Site is solely at your own risk.

REGISTRATION

Registration; Privacy

In order to access certain features of the Site and/or Services, you may be required to register with eMindful by providing certain personally identifiable information about yourself, including, but not limited to, your name and email address. In consideration for our granting you access to these features of the Site and Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Site and Services, subject to all applicable laws, rules and regulations. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise violates these Terms of Service or any of the Code of Conduct (below), or if eMindful has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, or otherwise violates these Terms of Service or any of the Code of Conduct (below). we have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Site and Services. For details concerning how such personally identifiable information is collected, used, disclosed and otherwise managed please see our Privacy Policy, which is incorporated herein by this reference.

User Display

In order to use certain functionalities of the Site and/or Services, you may be asked to select a display name (a “Display Name”) for identification purposes. You must not use any Display Name that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this paragraph.

Code of Conduct

Code of Conduct

You agree not to use the Site and Services, including but not limited to, transmitting messages, links or submissions in any manner that:

1. imposes an unreasonable or disproportionately large load on the Site’s infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;

(ii) is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by eMindful;

1. constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;

1. violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;

1. contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;

1. harms or attempts to harm minors;

1. contains any information, software or other material of a commercial nature;

1. contains advertising, promotions, spam or commercial solicitations of any kind;

1. constitutes or contains false or misleading indications of origin or statements of fact; or

1. contains material irrelevant to the subject matter, including that which incites disputes, demeans, or wishes injury on us or other users.

Clauses (i) – (x) shall collectively be referred to as the “Code of Conduct”.

Complaints and Grievances

If for any reason you are dissatisfied with eMindful’s service or programs, you have the right to right to file a complaint or grievance. To submit a grievance, email support@emindful.com. 

A copy of eMindful’s grievance policy, is available here: Grievance Policy

If you would like a copy of eMindful’s grievance policy, please contact our support team by emailing Support@emindful.com.

General Prohibited Uses

You agree that in connection with your use of the Site and the Services, you will not:

1. harvest or collect email addresses or other contact information of other users by electronic or other means or by engaging in spidering, screen scraping, database scraping or other such activity;

1. delete or revise any material or other information of any other user of the Services;

1. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;

1. use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
2. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;

1. allow any other person or entity to use your Display Name or password for posting or viewing comments or sending or receiving materials;

1. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;

1. access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;

1. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

1. attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Services; or

1. forge any TCP/IP packet header or any part of the header information in any email or posting.

Violations of system or network security may result in civil or criminal liability.

eMindful reserves all rights to investigate occurrences that may involve violations of the use of the Site and/or Services or of the law, and eMindful may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Rights Granted by You

By using this site and the content, You understand and agree that eMindful, anyone acting on behalf of eMindful, and eMindful’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your name, portrait, picture, voice, likeness, image, statements about the site or content, and biographical information, for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. The previous statement does not apply to any information classified as protected health information (PHI) which is protected by the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. 

Use of Content

You may view or download a single copy of the material on our Site solely for your personal, noncommercial use if you include the copyright and proprietary rights notices that are contained in the content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with our organization or our licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice. All rights not expressly granted herein are reserved to our organization and our licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Submitted Emails

By submitting material to any of our servers, for example by e-mail or via World Wide Web pages, you agree to the following terms. You make the material available for eMindful’s internal use knowing that if you are accessing the site through a company portal we may communicate submitted materials with your employer. You agree to indemnify us if any third party takes action against us in relation to the material you submit. You agree not to take action against us in relation to material that you submit.

Liability

The use of this Site and the Content is at your own risk.

This Site and the content are provided on an “as is” basis. OUR ORGANIZATION, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND

FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, our organization, our licensors, and our suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the materials, software, text, graphics, links, or communications provided on or through the use of this Site.

In no event shall our organization, our licensors, our suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. Our organization shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. We are not liable for any personal injury, including death, caused by your use or misuse of the Site or the Content. Any claims arising in connection with your use of the Site and/or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

One Percent Challenge Terms And Conditions

NO PURCHASE IS NECESSARY TO ENTER OR EARN REWARDS. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

Overview: eMindful provides two types of Campaigns. One is public and is called the “One Percent Challenge” or “OPC” and one is available only to corporate users of our programs and this is called the “Corporate One Percent Challenge” or “Corporate OPC”.

Eligibility: This OPC is open only to those who register at eM Life (emlife.emindful.com) or on a partner site with an embedded module with the official 1% Challenge opt-in registration details and who are 18 years of age or older as of the date of entry. The OPC is void where prohibited by law. Employees of any organization that receives benefits from eMindful or that provides rewards or prizes to eMindful, and their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to earn Rewards from the OPC. The OPC is subject to all applicable laws and regulations. 

Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of eMindful as final and binding as it relates to the content of this OPC.

OPC Period: Entries will be accepted online starting at some point during the last week of December (“Registration Start Date”). For registrants who register prior to the Registration Start Date the Challenge begins the first time

you attend a live “Mindful Daily” session in the following January. In the event you do not come back in the month of January you will be entered as of January 31. For registrants who register during the month of January, Contestants’ Challenge begins the day of registration or if a Contestant registers after 6:00pm ET on a given day then Contestant’s Challenge begins the following day. The earliest OPC Period end date would be when a Contest registers on or before January 1 6:00am ET, and attends a class on January 1, at which point the 30-day OPC Period would end January 30, 11:59pm ET. The latest OPC Period end date would be if a Contestant registers January 31, at 11:59pm ET, at which point the 30-day OPC Period would end March 2 at 11:59pm ET.

How to Enter: The OPC must be entered by registering for the 1% Challenge at emlife.emindful.com/14minutes or other URLS’s at emlife.emindful.com. The entry must fulfill all OPC requirements, as specified, to be eligible to win a Reward. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of eMindful. You may enter only once. You must provide the information requested. You may not enter more than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of eMindful.

How to Participate: Contestants are able to utilize the eMindful Life platform free for 30 days during the OPC Period, and to participate in the live Mindful Daily sessions available multiple times per day every day of the week.

Participation in the Mindful Daily sessions will be tracked by eMindful and requires the use of Cisco WebEx software. There are currently Mindful Daily sessions of two lengths that are available, one of 14 minutes and one of 30 minutes duration. You acknowledge that the published class times are approximate and that the classes may start or end at other times for various reasons. You also acknowledge that because these classes are “live” there may be issues that prevent the class from occurring as expected. eMindful will track both the total number of minutes Contestant participates in live Mindful Daily sessions (not in recorded or video on demand sessions), and the total number of unique days Contestant logs in and participates in at least one Mindful Daily session (“Activity”).

Charity Donation: Mindful Daily session Activity and the total aggregate minutes are counted by attendance in full Mindful Daily sessions of at least 14 minutes, as tracked from an internet browser (mobile, tablet or desktop) or native smartphone app (iOS) in an active, selected state not hidden or in the background of other browser activities (“Valid Minutes”).

eMindful will provide two types of donations to the selected charities. First, eMindful will aggregate the total number of minutes Contestants participate in a Mindful Daily sessions for their Official Charity Partner and donate an equal number of minutes of mindfulness to that charity. Second, eMindful will make a financial donation to the Official Charity Partner(s) based on the aggregate minutes of participation. The Official Charity Partner that receives the most donated minutes during the OPC will receive an additional monetary donation of $5000, each subsequent Official Charity Partner with the most donated minutes will receive $1000, up to the first 10 organizations. All other Official Charity Partner, if any, will not receive monetary donations. In the event only one Official Charity Partner is integrated into the OPC, the total monetary donation maximum will be $10,000 for the one Official Charity Party. If there is more than one Official Charity Partner the total monetary award will have a maximum of $15,000.

Rewards: The Winners of the OPC (the “Winner”) will receive variable rewards based on level of subscription, level of Activity, and availability of Rewards. Some of the prizes are in limited supply. WHILE SUPPLIES LAST, EVERYONE WHO ACHIEVES THE STATED LEVELS OF ACTIVITY WILL EARN THE STATED REWARDS. Contestant Activity levels and the associated Rewards are available for the highest award level granted. No Winner can win at more than one award level. The Rewards levels are specified at emlife.emindful.com/opc. If a prize runs out we reserve the right to substitute another prize of equivalent monetary value. Actual/appraised value of Prizes may differ at time of reward award. The specifics of the Reward shall be solely determined by eMindful. No cash or other Reward substitution shall be permitted except at eMindful’s discretion. The Reward is nontransferable.

Any and all Reward-related expenses, including without limitation any and all country, federal, state, and/or local taxes, or shipping and handling if applicable, shall be the sole responsibility of Winner. No substitution of Reward or transfer/assignment of Reward to others or request for the cash equivalent by Winner is permitted. Acceptance of Reward constitutes permission for eMindful to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Any Reward may be substituted for a different reward of equal monetary value at any time based on eMindful’s sole discretion.

Winner Notification: Winner will be notified by the email provided upon registration within five (5) days following the OPC. eMindful shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the reward within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the reward may be forfeited. Receipt by Winner of the reward offered in this OPC is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT EMINDFUL‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE OPC, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Rights Granted by You: By entering this OPC, You understand and agree that eMindful, anyone acting on behalf of eMindful, and eMindful’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the OPC, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

Terms & Conditions: eMindful reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the OPC should virus, bug, non- authorized human intervention, fraud, or other causes beyond eMindful’s control corrupt or affect the administration, security, fairness, or proper conduct of the OPC. In such case, eMindful may award no Rewards, some Rewards or change the Rewards, to be awarded to none, some or all of the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by eMindful. eMindful reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the OPC or website or violates these Terms & Conditions. eMindful in its sole discretion has the right to replace any Reward with a different reward of equal value. eMindful has the right, in its sole discretion, to maintain the integrity of the OPC, to void Entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by OPC rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the OPC may be a violation of criminal and civil laws. Should such attempt be made, eMindful reserves the right to seek damages to the fullest extent permitted by law.

Limitation of Liability: By entering, You agree to release and hold harmless eMindful and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the OPC and/or his/her acceptance, possession, use, or misuse of any reward or any portion thereof;

(ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

Disputes: THIS OPC IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this OPC, Contestant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this OPC, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances shall Contestant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Contestant’s actual out-of-pocket expenses (i.e. costs associated with entering this OPC). Contestant further waives all rights to have damages multiplied or increased, and waives a jury trial.

Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the eMindful website. To read the Privacy Policy, https://emindful.com/privacy.html. Our intended use of the collected information is to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Data from you. In addition to the terms in the corporate Privacy Policy, and as associated with this OPC, eMindful may share certain registration information with our OPC Partners. The eMindful website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device.

Our site uses cookies for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track by what path You came to the site, and how You use the site to target ads to you on other websites. Instructions on how You can opt out of receiving targeted advertising can be found at the DAA opt-out site www.aboutads.info or the NAI opt-out site at networkadvertising.org/choices.

Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: eMindful 10151 University Blvd Suite 198, Orlando FL 32817, USA. Requests must be received no later than 30 days after the end of the OPC.

The OPC hosted by eMindful is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Pinterest or other social media service used during the OPC.

You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.

Corporate One Percent Challenge Terms And Conditions

NO PURCHASE IS NECESSARY TO ENTER OR EARN REWARDS. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

Overview: eMindful provides two types of Campaigns. One is public and is called the “One Percent Challenge” or “OPC” and one is available only to corporate users of our programs and this is called the “Corporate One Percent Challenge” or “Corporate OPC”. The rules, rewards, prizes and structure of the Corporate OPC are specific the company and the employees, dependents’, and other users that have access to eMindful programs and services that are obtained by registering and logging into that Companies specific portal.

Eligibility: A CORPORATE OPC is open only to those employees, dependents’, and other users that have access to eMindful programs and services that are obtained by registering and logging into that Companies specific portal, who register for their companies Corporate OPC and who are 18 years of age or older as of the date of entry. The Corporate OPC is only open to legal residents of United States of America, except it is not open to residents of the state of Rhode Island, and is void where prohibited by law.

Only Contestants who can prove their location are eligible to earn Rewards, though all Contestants from anywhere in the world may participant in the Corporate OPC and accrue minutes of mindfulness for the benefit of charity. Employees of any organization that receives benefits from eMindful or that provides rewards or prizes to eMindful, and their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to earn Rewards from the Corporate OPC. Void where prohibited.

Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of eMindful as final and binding as it relates to the content of this Corporate OPC.

Corporate OPC Period: Entries will be accepted online as defined by your Companies rules and regulations as specified in your eMindful company portal.

How to Enter: The Corporate OPC must be entered by registering for the 1% Challenge as defined in your companies eMindful company portal. The entry must fulfill all Corporate OPC requirements, as specified, to be eligible to win a Reward. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of eMindful. You may enter only once. You must provide the information requested. You may not enter more than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of eMindful.

How to Participate: Contestants are able to utilize their corporate eMindful platform during the contest so long as they remain eligible to use the eMindful corporate portal, and to participate in the live Mindful Daily sessions available multiple times per day every day of the week. Participation in the Mindful Daily sessions will be tracked by eMindful and requires the use of Cisco WebEx software. There are currently Mindful Daily sessions of two lengths that are available, one of 14 minutes and one of 30 minutes duration. You acknowledge that the published class times are approximate and that the classes may start or end at other times for various reasons. You also acknowledge that because these classes are “live” there may be issues that prevent the class from occurring as expected. eMindful will track both the total number of minutes Contestant participates in live Mindful Daily sessions (not in recorded or video on demand sessions), and the total number of unique days Contestant logs in and participates in at least one Mindful Daily session (“Activity”).

Charity Donation: Not all companies include a charity donation. This section applies only to companies that do include a charity donation as part of their Corporate OPC. Mindful Daily session Activity and the total aggregate minutes are counted by attendance in full Mindful Daily sessions of at least 14 minutes, as tracked from an internet browser (mobile, tablet or desktop) or native smartphone app (iOS) in an active, selected state not hidden or in the background of other browser activities (“Valid Minutes”).

The specifics of your company’s charity donations are spelled out in the rules of your Corporate OPC in your companies eMindful portal.

Rewards: The Winners of the Corporate OPC (the “Winner”) will receive variable rewards based on level of Activity and availability of Rewards.

Some of the prizes are in limited supply. WHILE SUPPLIES LAST, EVERYONE WHO ACHIEVES THE STATED LEVELS OF ACTIVITY

WILL EARN THE STATED REWARDS. Contestant Activity levels and the associated Rewards are specified in your company’s eMindful portal. If a prize runs out, we reserve the right to substitute another prize of equivalent monetary value. Actual/appraised value of Prizes may differ at time of reward award. The specifics of the Reward shall be solely determined by your Company.

Winner Notification: The Winner information will be shared with your Company so that any rewards or prizes provided by your company can be provided to you. Winner will be notified by the email provided upon registration within five (5) days following the Corporate OPC. eMindful shall have no liability for Winner’s failure to receive notices due to spam, junk e- mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the reward within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the reward may be forfeited.

Receipt by Winner of the reward offered in this Corporate OPC is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT EMINDFUL‘S AND / OR COMPANY’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE Corporate OPC, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Rights Granted by You: By entering this Corporate OPC, You understand and agree that eMindful, anyone acting on behalf of eMindful, and eMindful’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Corporate OPC, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

Terms & Conditions: eMindful reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Corporate OPC should virus, bug, non-authorized human intervention, fraud, or other causes beyond eMindful’s control corrupt or affect the administration, security, fairness, or proper conduct of the Corporate OPC. In such case, eMindful may award no Rewards, some Rewards or change the Rewards, to be awarded to none, some or all of the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by eMindful. eMindful reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Corporate OPC or website or violates these Terms & Conditions. eMindful and Company in its sole discretion has the right to replace any Reward with a different reward of equal value. eMindful and Company has the right, in its sole discretion, to maintain the integrity of the Corporate OPC, to void Entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Corporate OPC rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Corporate OPC may be a violation of criminal and civil laws. Should such attempt be made, eMindful and Company reserves the right to seek damages to the fullest extent permitted by law.

Limitation of Liability: By entering, You agree to release and hold harmless eMindful and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or

damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Corporate OPC and/or his/her acceptance, possession, use, or misuse of any reward or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

Disputes: THIS CORPORATE OPC IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND FLORIDA, WITHOUT RESPECT

TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this CORPORATE OPC, Contestant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Corporate OPC, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Orange County, Florida having jurisdiction. Further, in any such dispute, under no circumstances shall Contestant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Contestant’s actual out-of-pocket expenses (i.e. costs associated with entering this Corporate OPC). Contestant further waives all rights to have damages multiplied or increased, and waives a jury trial.

Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the eMindful website. To read the Privacy Policy, https://emindful.com/privacy.html. Our intended use of the collected information is to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Data from you. In addition to the terms in the corporate Privacy Policy, and as associated with this Corporate OPC, eMindful may share certain registration information with our Corporate OPC Partners. The eMindful website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our site uses cookies for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track by what path You came to the site, and how You use the site to target ads to you on other websites. Instructions on how You can opt out of receiving targeted advertising can be found at the DAA opt-out site www.aboutads.info or the NAI opt-out site at networkadvertising.org/choices.

The Corporate OPC hosted by eMindful is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Pinterest or other social media service used during the Corporate OPC.

You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.

REFUND POLICY

eMindful Refund Policy: We are confident you will find our classes enjoyable and beneficial. However, we do understand there are times when you may need to drop a class or subscription. Our month-to-month subscribers may cancel at anytime for any reason at their sole discretion, after which future recurring payments will no longer be charged and your access will end at the end of your current term month. Annual subscribers have a money back guarantee for seven days from the date of sign up or renewal, after which no pro-rated refunds will be given. Monthly and Annual subscribers can cancel via your online profile. Our single session program refund policy is to provide a full refund for requests made anytime up to three hours prior to the start of the class. Single session program fees will not be refunded once you are within three hours of the scheduled start time. Multi-session programs must be canceled within three days of the first session start time or cannot be refunded. To request a refund, please send an email to support@eMindful.com, indicating your name, the name of the class, reason for the refund, and a phone number where you can be reached in case of questions.

Your Internet Connection: We recommend that you use a high speed Internet connection and if possible during class to be directly connected to your modem. If you connect to the online classroom wirelessly, there may be times that the video and/or audio may ‘drop’ requiring you to re-join the classroom. It is easy to re-join and only takes less than a minute. In the event your internet connection fails or interrupts excessively our general Policy is that we do not refund course fees for quality issues beyond our control or direct influence. If you encounter an issue, please contact support@emindful.com with your name and time/date of class.

PC or MAC Computers: The online classroom supports PC or MAC computers. iPhones, iPads and Smartphones are supported, however, there are some limitations. We recommend participating with a computer for best results.

Minimum/Maximum Number Policy: In an effort to provide the highest quality interactive experience for all of the participants, a minimum number of registered participants is required to take full advantage of the interactive aspects of the class. If the minimum number of participants is not reached prior to the start date of the class, the registered participants will have an option of holding their enrollment over to the new start time. You will be notified by email with all available options. In addition, total registrations for this class might change at the sole discretion of eMindful Inc. In the event that the maximum number of registrations is met, you will receive a message with instructions on how to be put on the waitlist.

The Connection Terms of Service

These Terms of Service, together with the Terms of Service for our eM Life Site, Code of Conduct and Privacy Policy and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Service, constitute a legally binding contract (the “Agreement”), between you and eMindful Inc. in relation to your use of our website, our mobile and desktop apps and other services (together, the “Platform”).

The Community Description. The Connection communities are self-organized groups of eM Life registered subscribers (“registered subscribers”). A community can be organized around a declared purpose and registered subscribers may select an Eligible Organization (defined in section 1.8) to receive minutes of access to eM Life donated by eMindful (the “Program”). Declared purposes must be a cause or mission enumerated by an Eligible Organization as determined by eMindful in its sole discretion. 

1. 11.1.Any eM Life registered subscriber may join a community. 

1.2 Vibe Tribes may not engage in, support, encourage, or promote:

• intolerance, discrimination or discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;
• hate, terrorism, or violence;
• money laundering;
• other illegal, deceptive, or misleading activities.

Vibe Tribes that do not meet the above criteria will be disbanded. 

1.3 Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to eMindful and/or third parties. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include:

• The material that organizers and registered subscribers typically post to the community, such as information about the Vibe Tribe, comments, and photos;
• All feedback, suggestions, and other communications that you send or direct to eMindful.

By being responsible for your Content, you agree, among other things, that:

• You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Vibe Tribe and to eMindful; 
• Your Content does not include personal, private or confidential information belonging to others; and
• Your Content does not otherwise violate the rights of any individual or entity.

You also agree that you and your Content comply with this Agreement, including our eM Life Site Terms of Service, Code of Conduct, and Privacy Policy. You also agree that we may remove the metadata associated with your Content.

Search engines can see public areas of The Connection. Your Content within these areas, such as the name and location that you provide during registration, and your participation in public communities, may appear in search results. Our Platform is designed so that search engines cannot see your Content that is within restricted areas of the Platform, such as private eMindful Vibe Tribes. 

1.4 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect eMindful and Vibe Tribes, and to ensure we do not violate any rights you may have in your Content, you hereby grant eMindful a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain in The Connection, even after you cease to be a registered subscriber of a community. 

This license doesn’t give us ownership of any of your Content. It simply gives us and other The Connection registered subscribers the right to use it on or related to The Connection. This license continues even if you close your account, because it’s necessary for us to operate the Platform.

1.5 Privacy. eMindful collects registration and other information about you through our Platform. Please refer to our eM Life Site Terms of Service and Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as to organizers and other registered subscribers of Vibe Tribes.

eMindful has no control over how other registered subscribers may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on Vibe Tribes.

1.6 Content of Others. eMindful does not control the Content of other The Connection registered subscribers. When we become aware of inappropriate Content on Vibe Tribes, we reserve the right to investigate, remove and take other appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of any registered subscriber.

1.7 Interactions with Others. eMindful is not a party to any arrangements made by registered subscribers through Vibe Tribes whether on the Platform or offline. eMindful does not conduct or require background checks on Vibe Tribe registered subscribers and does not attempt to verify the truth or accuracy of statements made by registered subscribers. eMindful makes no representations or warranties concerning the conduct or Content of any registered subscribers or their interactions with you.

Exercise common sense and good judgment when using Vibe Tribes and interacting with other registered subscribers. If you have a concern regarding other registered subscribers, you can report it to support@emindful.com.

1.8 The Connection Philanthropic Donations Program. The purpose of the Program is to permit Registered Organizations to receive access minute donations from eMindful when registered subscribers make Qualifying Views (defined in Section 1.9) on the web site located at www.emindful.com and the subdomains thereof (the “eM Life Site”).

A community can select any Eligible Organization, but only Registered Organizations can receive disbursements of eM Life access minutes (“minutes”) from the Program. To register, an organization must accept the Participation Agreement without modification, complete registration through the www.eMindful.com website (“Organization Site”) and completely and properly provide all requested information, including submitting a complete and accurate Participation Agreement that correctly identifies the charitable organization. We reserve the right to reject or suspend any organization from the Program if the requested information is inaccurate or incomplete or if the organization is otherwise not in compliance with the Participation Agreement. If the registration of a charitable organization is accepted by us, the charitable organization will be a “Registered Organization” for as long as all the registration information is current and complete, the Participation Agreement remains in force, and the organization continues to be an Eligible Organization. The organization must ensure that all information provided to eMindful, including Participation Agreement information, email address, and other contact information, is at all times complete, accurate, and up to date. Failure to keep such information up to date may result in the organization no longer being a Registered Organization or in the organization no longer receiving any donated minutes under the Program.  

“Eligible Organizations” are those charitable organizations that we determine :

• are qualified under Section 501(c)(3) of the U.S. Internal Revenue Service Code;
• are not supporting organizations, unless identified specifically as Type I, Type II, or functionally integrated Type III supporting organizations (as defined in the U.S. IRS Code);
• are headquartered in the United States (the 50 States and the District of Columbia);
• are in good standing in their state of incorporation and in the states where they are authorized to do business;
• do not engage in, support, encourage, or promote:
  • intolerance, discrimination or discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • hate, terrorism, or violence;
  • money laundering;
  • other illegal, deceptive, or misleading activities; and
  • are otherwise not in violation of the terms of the Participation Agreement.

Although we aim to include only charitable organizations that are in good standing and do not engage in any of the activities described above, we cannot guarantee the good standing and/or conduct of any charitable organization, and becoming a Registered Organization is not an endorsement of the charitable organization by eMindful.

1.9 Qualifying Views. eMindful will donate minutes to the Registered Organization selected by a Vibe Tribe resulting from Qualifying Views. Subject to the exclusions set forth below, a “Qualifying View” occurs when a Vibe Tribes registered subscriber (i) watches at least one minute of a live eMindful program, or (ii) watches at least one minute of an on demand eMindful program.

Qualifying Views exclude, and no Registered Organization will be eligible for minutes in connection with viewing any programs on the eM Life Site that have not been produced by eMindful.  Any action by a registered subscriber that undermines our determination of a Qualifying View may disqualify the registered subscriber and his or her viewing activities.

1.10 Lives Impacted Calculation. For each minute of a Qualifying View, a minute of access to eM Life will be donated to a Registered Organization by eMindful. Vibe Tribes registered subscribers will be notified of “Lives Impacted” by their Qualifying Views. A Life Impacted is accrued every time 14 minutes of Qualifying Views. Donated minutes are not redeemable for cash. Registered subscribers will not be entitled to any tax deduction, credit, or other benefit in relation to minutes donated by eMindful.