Terms of Service & Use Agreement
Welcome to the Midwest Alliance for Mindfulness (MAM). We are grateful for your participation in our growing community. MAM provides certain services and benefits to you, the Member, subject to the following Terms of Service & Use Agreement. By becoming a member, you, (“Member”), agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, please do not apply to become a Member. You can review the most current version of the Terms of Service at any time on our website: http://mindfulness-alliance.org.
Please note that MAM provides a public service to individual consumers and organizations who may accesses the mindfulness-alliance.org website (“Users”) for mindfulness information, to find a mindfulness provider listed in our directory (“Members”), or to seek our services. These Terms of Service for Members apply only to MAM Members, and not to Users.
Membership with MAM
Membership requires the completion of a membership application for all members. A Consent, Agreement of Release, and Waiver of Liability form must be completed and signed by the member (or guardian) in order to participate in MAM events.
There are five Membership types, which are listed on our Membership page in addition to associated fees and benefits. Member agrees that Membership cannot be given away, sold, or willed. Membership terminates when Member cancels their membership in writing or their membership is canceled by MAM. Member acknowledges that the fees, benefits and Terms of Service for MAM Membership are subject to change, and that MAM reserves the right to revise rates and terms under this contract at any time.
Members may cancel their membership to MAM at any time without refund by informing MAM in writing of their desire to do so. If a Member cancels membership, he or she will not be charged for the next scheduled recurring bill and any profile listing will be removed immediately. Absolutely no refunds or prorated amounts will be given to Members or former Members who cancel before their term of service expires, regardless of their membership type. Absolutely no refunds or pro-rated amounts will be given to Members or former Members for any reason whatsoever.
Member authorizes MAM to automatically charge the membership fee to Member’s credit card during the course of membership either one time per month (Monthly Membership) OR one time per year (Annual Membership) depending on the membership type selected by member when joining or updating their payment information.
Member acknowledges that MAM does not save or maintain any credit card information and instead uses Punchpass/Stripe to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.
If and when an existing Member’s credit card declines for a periodic membership fee, MAM will make every effort to contact the Member. If a Member’s account is left unpaid, MAM will keep the Member’s account active for up to 30 days from the time the Member’s membership dues transaction first failed. Members will continue to be responsible for paying their past due amount and any future past due amount that accrues, up to 30 days past due. If a Member’s account is left unpaid for more than 30 days, MAM reserves the right to terminate the membership and any member benefits, including directory listings, will be terminated, inactivated and deleted.
Member acknowledges that any monetary donation made by Member to MAM is made directly through MAM and is not tax-deductible. Member authorizes MAM to charge the donated amount to Member’s credit card and to deliver the donated amount to the selected partner organization or company if applicable.
Member consents to receive communications from MAM electronically. MAM will communicate with you by email or by posting notices on this Website. Member agrees that all agreements, notices, disclosures, and other communications that MAM provides to Member electronically satisfy any legal requirement that such communications be in writing.
Members will be sent regular service announcements and/or administrative messages from MAM via email. These communications are considered part of MAM Membership, and Member will not be able to opt out of receiving them. Members will receive a monthly newsletter and may choose to opt out if they wish.
Former members of MAM may occasionally receive emails from MAM with offers to rejoin, to attend special events, such as conferences or webinars, or with other information. Members of MAM authorize MAM to send these emails even after membership has been terminated. Former members of MAM may unsubscribe from future email correspondence by clicking on the unsubscribe link found in the footer of any email sent from MAM.
By registering for a paid event, Member authorizes MAM to charge Member’s credit card the associated fee for the event. In the event that a scheduled fee-based event must be cancelled by MAM, MAM will provide a refund of this fee to all registered Members or will reschedule the event. No other expenses (such as pre-arranged travel or lodging costs) will be refunded. Through registration for events provided by MAM, all Members agree and understand that MAM may contact said Members using the email address provided at the time of registration.
MAM is not responsible for the content or comments made by any teachers, presenters, moderators, facilitators, volunteers or participants in any event hosted by MAM. The opinions presented by such individuals in any live event, web conference or teleconference hosted by MAM are those solely of the individuals expressing such opinions and do not necessarily reflect the positions or opinions of MAM.
MAM services, meetings and events are not intended to be, in any way, a substitute for professional advice, diagnosis, medical treatment, or psychotherapy. Always seek the advice of your physician or other qualified mental health provider with any questions you may have regarding participation in MAM events. Never disregard professional psychological or medical advice, nor delay in seeking professional advice or treatment because of something you have learned through MAM. By registering for a MAM event, live web conference, or viewing or listening to a recorded web conference, Member signifies assent to the terms and conditions contained in this Agreement.
MAM may offer access to free or fee-based “web conferences.” “Web conference” refers to a live or archived audio and/or video presentation available on and accessible from MAM. All Members who participate in any web conference offered by MAM do so on a completely voluntary basis. MAM’s provision of web conferences is based solely on MAM’s discretion. It is MAM’s intention to provide access to the web conference to all Members who have registered for a web conference. However, due to potential technical complications, presenter schedules and availability, “Acts of God”, or other unforeseen circumstances, registration for any web conference is in no way a guarantee of access or participation in the web conference.
Participation in any web conference may require a Member to download software from a third party prior to participating in the web conference. MAM makes no warranty or representations concerning any third party software required to participate in any web conference, including that such software is compatible with any specific software or hardware utilized by any Member. Members are instructed to ensure that they download required software from official web conferencing providers, and to ensure that Member’s individual computing devices meet specific software requirements and guidelines.
Members who are unable to access a web conference because of issues related to Member phone, internet, or personal computer issues are not eligible for refunds of fee-based web conferences. Additionally, refunds are given to Members who cancel their registration by the deadline posted for the event they registered for. Refunds are not given for purchasing an archived recording nor are refunds given to Members who are dissatisfied with an event.
MAM makes no representation or warranty that participation by any Member in any event will qualify for the continuing education requirements of any Member unless explicitly stated by MAM for such specific event.
Sharing of Personal Information
Member agrees that all personal information entered by the Member and stored by MAM may be transferred and shared in the event that MAM should be sold or given to another organization, corporation, or individual. Member shall not enter or store any personally identifiable information about any other User to MAM.
MAM may publish any images and recordings (photos, video, and audio) of Member created at its sponsored events for use in its publications, including those that are printed, published online, or created in video or audio form. Member releases and holds harmless MAM from any reasonable expectation of privacy or confidentiality associated with such images and recordings. Member shall not seek financial compensation of any type associated with the taking or publication of these images and recordings or for participation in MAM publications. Member acknowledges and agrees that publication of images and recordings confers no rights of ownership or royalties whatsoever and that participation is voluntary. Member releases MAM, its contractors, its employees and any third parties involved in the creation or publication of marketing materials from liability for any claims by Member or any third party in connection with Member participation.
Member’s Membership Duties, Obligations, and Limitations
Member agrees to use an email and secure password as part of the Service’s registration process. Member is responsible for maintaining the confidentiality and security of the password and account and is fully responsible for all activities that occur under your password or account or membership. Member agrees to immediately notify MAM of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
Member agrees that MAM has the right to suspend or terminate your membership and refuse any and all current or future use of the Service for any cause and without prior notice. Member agrees that MAM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Member agrees that MAM shall not be liable to Member or to any third party for any modification, suspension, or discontinuance of the Service.
Member agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of MAM, and MAM is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Member agrees that advertisers and sponsors are not related to MAM other than by a business relationship. Member’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Member and such advertiser. Member agrees that MAM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products, or services or as the result of the presence of such advertisers on the Service.
Member agrees that this Terms of Service Agreement is periodically reviewed and updated as needed and that it is the Member’s responsibility to stay abreast of these changes. Member is responsible for comporting their usage of the Services provided by MAM to the most current Terms of Service Agreement.
Optional Directory Listings for MIP, TMT, MTT, & MIO Annual Memberships Only
Directory listings are a benefit for qualifying members. In order to receive a directory listing and profile in the Directory, a qualifying Member must meet the criteria for having a profile listing, submit required documents, and have their profile approved by MAM.
Upon receiving a call, email message, or other contact or query from a User via the Member’s directory listing, the decision to provide services to that User, and the type and content of such services, is a matter for the professional judgment of the professional Member. Nothing in these Terms of Service or any other documentation published by or on behalf of MAM shall be construed to permit the professional Member to use any of the services provided to Members by MAM for purposes of or as part of their professional services for any individual. Similarly, nothing in these Terms of Service or any other documentation published by or on behalf of MAM shall be construed as a requirement that professional Members must provide services to Users who initiate contact with a Member through MAM. Members of MAM understand that it is the professional Member’s responsibility to determine if he or she should provide services to any particular User seeking services and further understands that all services provided to any User of MAM’s directory, is done so independently and outside of MAM. Members of MAM understand that the MAM directory provides advertising to Members and is in no way involved in the services by Members to Users or clients.
Member agrees to assume all liability for directory profiles and all other listings published (including information, illustrations, files, images, claims, data, text, software, music, sound, photographs, graphics, video, messages, or other materials) including directory profiles and listings that MAM has edited (“Content”), and agrees to assume any and all responsibility for claims occurring therefrom against MAM.
Member agrees to provide true, accurate, current, and complete information about themselves and any services they provide as prompted by the Service’s sign up procedure and to maintain and update the Service’s directory profile and listing data to keep it true, accurate, current, and complete. MAM reserves the right to, but is under no obligation to monitor Member websites. Because of this, MAM is not responsible for the accuracy and appropriateness of Member websites. MAM reserves the right to terminate service and/or remove and withhold any information from the directory at any time.
Member agrees to notify MAM in writing or by email if Member’s certification or professional license has been suspended, revoked or expired or if there has been any other change to Member’s credentials or licensing status. It is also the Member’s responsibility to keep their information up to date with MAM including certifications, correct license and credentialing information, etc. MAM Members agree to inform MAM if their license or certification is suspended, revoked or no longer valid for any reason.
Member agrees that MAM reserves the right to modify and update Member profile information, including, but not limited to, profile narrative, other text, insurance and contact information, and any other content that Member has submitted or not submitted, in an effort to increase accuracy, reduce spelling and grammar errors, eliminate content duplicated from other websites, improve the overall quality of the narrative, and to increase the number of potential referrals for Members. Member agrees that there is no guarantee that the changes MAM makes to profile narrative text content will achieve the above-mentioned objectives. MAM, at its discretion, may or may not provide notice to Members of any such edits. Member may edit their profile text narrative at their discretion, for any reason, at any time, via the MAM Member’s Area.
Member agrees not to publish their MAM directory profile narrative text content on other websites (this helps with internet search engine optimization). Member understands that MAM reserves the right to “no-index” (hide from search engines) Member’s profile Content if their Content contains a significant level of text that is duplicated or copied from other websites, and this determination is the sole-discretion of MAM.
Member agrees that MAM shall have the right, in its sole discretion, to promote the MAM Directory through various partnerships, promotional activities, advertising, and through direct use of the MAM Directory by selected partner websites and/or the MAM Network, which MAM deems useful, effective, and in the interest of MAM and its Members. Member agrees and understands that through these promotional relationships the Member profile can be displayed and hosted on other third party websites with whom MAM has a trusted relationship.
Member agrees that the Listing space provided to the Member will not be sublet to others, nor used for other purposes than herein named.
Member understands that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, the Member, and not MAM, are entirely responsible for all Content with your account at MAM, regardless of authorship or origination. MAM does not guarantee the accuracy, integrity, or quality of such Content. Member agrees to observe all statutes, ordinances, rules, and regulations with respect to the use of MAM and the intellectual property rights of all persons who may claim an interest in any Content. Under no circumstances will MAM be liable in any way for any Content whether or not MAM originated Content, made unapproved edits to Members listings, or any other Service provided by MAM pursuant to Member’s participation in the Website.
Member agrees MAM does not claim ownership of Content, which you, the Member, submit or make available for inclusion on the Service. Additionally, MAM does not claim ownership of directory or profile or listing Content that MAM has edited, altered, or changed, either by a paid or free service. By submitting Content for inclusion on the Service, Member represents to MAM that with respect to such Content, Member is the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save MAM free and harmless from any liability arising out of the use of such brand names, logos, and trademarks included in such Content.
Member grants MAM a perpetual, worldwide, irrevocable, royalty-free nonexclusive license to all Member Content posted on the site, including the right to distribute, display, transmit, store, edit, and create derivative works of such Content, such as within the MAM Network and other locations. Member expressly grants MAM the right to edit Member’s Content and Member’s profile for any reason, with or without notice, in MAM’s sole discretion. This includes, without limitation, the right to remove content, the right to revise content, and/or the right to change or post any image on Member’s profile.
Member agrees to not use the Service to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- create a competing website offering the same or substantially similar services to those provided through our Website or Service;
- decompile, disassemble, or reverse engineer our Website, Service, and any related software found herein;
- redistribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
- provide or attempt to provide any therapy, health care or related services to any individual;
- publish or distribute personal information about any other User.
MAM makes no representations or warranties of any kind, either expressed or implied with regard to our Website, its content, or its operations. To the fullest extent of the law, MAM disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Member agrees that MAM has no liability of any kind whatsoever to the Member or to any individual, group, partnership, or corporation who may use MAM services.
Member agrees to indemnify, defend, and hold harmless MAM against any loss or liability resulting from Content, whether the Member’s Content has been edited by MAM or not, including, but not limited to, any claims by third parties who may use Member’s services.
Member agrees to indemnify, hold harmless, and defend MAM and its licensors, suppliers, officers, owners, managers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the MAM website, the placement, posting, or transmission of any messages, information, content, or other materials on or through the MAM website by Member or users of Member’s account, the editing, altering, or changing of Member’s profile or listing (including text, content, grammar, and spelling changes) made by MAM, or any breach or violation of these Terms of Service by Member or users of Member’s account.
Miscellaneous Legal Provisions
Member agrees that these Terms of Service, the Membership and placement and publication of information and content on the MAM website are governed be the laws of the State of Missouri, without regard to its conflict of law principles. Member agrees that the City of Kansas City, in which MAM is located, shall be the forum for any legal action relating to our Website, Content, Service, and listings placed or published. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Terms of Service, this Terms of Service shall take precedence. The failure of MAM to enforce any provision or right of these Terms of Service will not constitute a waiver of such provision or right.
Member also acknowledges the existence of the Terms of Service and Use Agreement, which outlines the service and use conditions applicable to all Users of MAM and agrees, by virtue of visiting MAM, to all of the conditions contained in the Terms of Service and Use Agreement.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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All rights reserved.
Last Update: 01/01/2018