Terms of Service

Terms of Service

 

Welcome to MogaMind (the “Company”). MogaMind provides a convenient and accessible way to reduce feelings of stress and improve performance through voiceover-guided music tracks built upon the Tri-Layer Effect™ of Gratitude, Love, and Visualization and other products, services, features, content, or applications we offer (the “Services”) through our website (referred to as “Site”). Your use of the Site and the Services is subject to the legally binding Terms of Service collectively with any agreement incorporated herein.

 

Agreement to Terms
By registering for or using the Services through any MogaMind Site, whether accessed via mobile device, personal computer, tablet, etc., you agree to be bound by these Terms of Service and all other rules and/or policies we post from time to time.

 

Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

Who May Use the Services
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services, described in the Section titled “Purchases” below, you must be 18 years or older and capable of forming a binding contract.

 

Purchases

 

REFUND POLICY

 

Refunds are available on a limited basis. MogaMind reserves the right to grant refunds on a discretionary basis as circumstances permit. All refund requests should be emailed to:  info@mogamind.com

 

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@mogamind.com or completing surveys as they may be presented to you on our site. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Privacy Policy
Please refer to our Privacy Policy [insert link] for information on how we collect, use and disclose information from our users.

 

Content and Content Rights
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

 

Content Ownership
MogaMind and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

 

Subject to your compliance with these Terms, MogaMind grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

 

Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms, which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

WARRANTIES AND DISCLAIMER

 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOGAMIND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DROVER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF THE LOCALE IN WHICH YOU USE THE SERVICES.

 

INDEMNITY

 

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity.

 

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. These indemnification terms apply to any tax liability.

 

Limitation of Liability
NEITHER MOGAMIND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOGAMIND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MOGAMIND’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MOGAMIND FOR USE OF THE SERVICES OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MOGAMIND, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOGAMIND AND YOU.

 

Dispute Resolution

 

ARBITRATION

 

If MogaMind is a Party to any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including breach, termination, tort, or validity thereof, the matter shall be resolved by final and binding arbitration to take place in Madison, Wisconsin in accordance with the rules of the American Arbitration Association.

 

GOVERNING LAW

 

The construction and interpretation of this agreement and the rights of the parties with respect to its subject matter shall be governed by the substantive laws of the State of Wisconsin.

 

General Terms

CHANGES TO THE TERMS OF SERVICE

 

We may, in our sole discretion, amend, supplement or otherwise modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It’s also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notice of any amendment, supplement or other modification to the Terms of Service constitutes acceptance of the then-current Terms of Service.

 

SUPPLEMENTAL TERMS

 

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

DIVISIBILITY

 

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.

 

Entire Agreement

 

These Terms of Service constitute the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and us with respect to the Services and Content.

 

Force Majeure

 

By using the Site and the Service, you agree that we will not be liable to you for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

Assignment

 

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

 

Agency

 

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither you nor Drover has any authority of any kind to bind the other in any respect.

 

Notices

 

Unless otherwise specified in these Term of Service, all notices under these Terms of Service are required to be made in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices from you to us must be sent to info@mogamind.com.

 

No Waiver

 

Any waiver of these Terms of Service is limited solely to the specific circumstances in which it is given, and no such waiver will be deemed to be a waiver of any other action or provision of these Terms of Service, nor will any such waiver be considered a “course of dealing” between us. All waivers must be in writing through one of our authorized representatives. If either party fails to exercise any rights it may have under these Terms of Service, this is not deemed a waiver of any further rights hereunder.

 

Contact Information
If you have any questions about these Terms or the Services, please contact MogaMind at info@mogamind.com.