Select your favorite bookseller
Purchase the Unabridged Audio Book:
11 hrs and 50 mins
Purchase the Audio Training Guide:
3 hrs and 37 mins
Last Updated: September 1, 2023
This is a legally binding agreement between you (“you” or “user”) and Natural Wakefulness Center (“Natural Wakefulness Center,” “NWC,” “we,” “us,” and/or “our”). NWC offers multiple services that are subject to these terms and conditions (the “Terms of Services”) and which are accessible on our Sites (as defined below) including without limitation, virtual events, community engagement, and media on teachings and meditation (collectively, the “NWC Services”):
These Terms of Service govern your access and use of all of the following (each an “NWC Site” and collectively, the “NWC Sites”), for each Site whether accessed via computer, mobile device, or other technology: our owned and operated websites, currently available at www.effortlessmindfulness.com, www.mindfulglimpses.com, www.mindfulglimpse.com, and www.lochkelly.org (and any other websites we may use from time to time); the Mindful Glimpses mobile application or “app”, and all associated features, applications, widgets.
These terms of service also incorporate the requirements of our privacy policy accessible here (the “Privacy Policy”) and any particular NWC Services posted guidelines or policies.
By accessing the Sites and/or using the NWC Services in any manner, you agree to be bound by these Terms of Service and our Privacy Policy and you represent and warrant that: (a) you have not previously been suspended or removed from the Sites or the Services; and (b) your use of the Sites and the Services is in compliance with all applicable laws and regulations. If you do not agree to these terms, you may not use the NWC Services.
We may, in our sole discretion, modify these Terms of Service with or without notice to you. The “Last Updated” date at the top of these terms will indicate when the latest modifications were made. By continuing to access and use the Sites and/or NWC Services after these Terms of Service have been modified, you are agreeing to such modifications. Therefore, you should review these Terms of Service prior to each use of the NWC Services.
At no time are any teachings or information available from the NWC Services intended to be substituted for obtaining professional
mental health or medical treatment. Neither NWC or Loch Kelly can guarantee the complete accuracy, efficacy, or appropriateness of any particular teaching in every respect. You should always seek the attention of a licensed medical professional for any concerns.
The NWC Services are not available to persons under the age of 13. Any NWC Services content related to children is intended for adults to utilize when meditating with their children or teaching children how to meditate. If you are under the age of 13, you may only use the NWC
Services for children series under the supervision of your parent or legal guardian, who agrees to be bound by these Terms of Service. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the NWC Services if your parent or legal guardian agrees to be bound by these terms of service.
The NWC Services are also not available to any users previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY USING THE NWC SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN THESE TERMS OF SERVICE CONTAINED IN SECTION 9.
2. APP SUBSCRIPTIONS
Subscription. Your Mindful Glimpses subscription will continue and automatically renew until terminated. To use the NWC Services you must have Internet access, a device that can utilize the NWC Services and a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle – please see further below under “Cancellation” for information on how to cancel your subscription. Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third-party charges and taxes when receiving the NWC Services through your smartphone or other mobile device.
Payment. We may use the third-party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account (collectively the
“Stripe Services”) to process credit and debit card transactions for certain of our Services. All other Services will be billed through the Apple App Store or Google Play Store (please see Section 13 below). To set up an account with Stripe, you may be required to register with Stripe and agree to be bound by Stripe’s terms. You understand that NWC uses the Stripe API, which is subject to change at any time. You agree not to hold NWC liable for any adverse effect that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account, your user account, or your business. By agreeing to NWC’s Terms of Service, you agree that you are responsible for all transactions (one-time, recurring and refunds) processed through Stripe. You agree that NWC shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe. This includes any transactions that were not processed due to a network communication error, or any other reason. If you process a transaction on the Site(s), it is your responsibility to verify that the transaction was successfully processed. You must not enter the details or otherwise use any stolen credit and/or debit cards or unauthorized credit and/or debit cards through Stripe.
Free Trial. Your NWC Services may start with a free trial period. Any free trial period is at the sole discretion of NWC and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We may charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the NWC Services.
Account. To have a subscription you will need to open a user account. You will be asked to provide us with certain information such as an email address or Apple ID. You are solely responsible for maintaining the confidentiality of your account, your email address and Apple ID. You will be assigned a one-time PIN code upon each login instance. Please make sure the information you provide to us at all times is true,
accurate, current, and complete to the best of your knowledge. You may not sell, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account.
Cancellation. You can cancel your Mindful Glimpses subscription at any time through the settings in your account. Following cancellation, you will continue to have access to the NWC Services through the end of your subscription period. If you are dissatisfied with the Services or are experiencing financial hardship, you may also request a refund, either through the third-party app store you used to purchase the Mindful Glimpses app or by emailing us directly at [email protected], which we may issue in our sole discretion. If we decide to issue a refund, you may lose access to the Services immediately.
Communication Preferences. With your subscription, you consent to receive communications by email or text. You may stop receiving our promotional communications by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to
[email protected]. You agree that these terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. PARTICIPANT NOTICE FOR VIRTUAL AND LIVE EVENTS
If you participate in a virtual event on our Site(s) or sign up for a live event via our Sites or in person, you agree and acknowledge that by participating in any such virtual or live event (each an “Event” and collectively, “Events”), (a) All Events with Loch Kelly will be recorded for use by NWC ; and (b) some Events will be videotaped. By participating in an Event, you further agree and acknowledge that you may be photographed by NWC. If you do not wish to be photographed or not to be featured in a photo displayed on one of our Sites, please notify NWC via email at [email protected].
By choosing to participate in an Event:
● You represent and warrant that you are 18 or older, or if you are a parent or guardian of a teenager registered for the Event, you have communicated your permission NWC for the person you are registering to take a program via email to [email protected].
● You agree to take full responsibility for your choice to participate and for anything that results from such participation. You understand the workshops are experiential in nature and are not to be considered treatment for any physical, emotional, or mental disorder. You agree to consult with your health care providers for any specific medical, emotional, or psychological problems or issues in advance of the workshops. Further, you agree to take full responsibility for your self-care during the workshops and after. If you have a diagnosed psychological condition, please consult your physician or psychotherapist before participating in these meditation workshops.
● You agree to forever release, discharge, and hold legally harmless Loch Kelly and Natural Wakefulness Center from any and all liability or claims, actions or demands you may have now or in the future for any loss, including without limitation any loss, injury, psychological or emotional changes, inconvenience, or disagreement, arising from or in connection with your participation in an Event, for any reason, including but not limited to Natural Wakefulness Center’s or Loch Kelly’s negligence or other acts.
● You further agree to indemnify and hold harmless Loch Kelly and Natural Wakefulness Center from any and all losses, damages, expenses (including reasonable attorneys’ fees) that Loch Kelly and/or Natural Wakefulness incur arising out of or resulting from any third-party claims, actions or demands as a result your acts, omissions or failure to act or your negligence, misconduct or wrongdoing during your participation in an Event.
● You understand that any information conveyed to Loch Kelly in the context of the program may be read by members of his staff. Loch Kelly may refer to comments or questions we receive in his presentations or other public communications; if he does this, he will do his best to leave out any identifying information, but please understand that any information you send to us is not confidential.
No objects will be shipped physically, as all products are digital downloads. All downloads are delivered through the web browser. If there is an issue with the digital download, contact us at [email protected] or at the address below.
Please inform us by our contact form if you are having trouble with downloads of transcripts, audio, or video. We will try to send the products in another format. If you are unable to download them upon receipt, you can get a full refund within one week of purchase.
Events can be refunded prior to two weeks before the applicable event date for a $35 cancellation fee. No refunds will be issued within two weeks of the event. If there is an emergency or illness that prevents you from attending, you can apply the amount to another event within one year.
The Site and any and all content contained therein, including without limitation the Sites’ design, any graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of NWC or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms of Service, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Sites and Services solely for your personal, non-commercial use only. You will not obtain any ownership interest in the Materials or the NWC Services through these Terms or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners.
Except as expressly authorized by these Terms of Service or on the Sites, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of NWC or the respective copyright owner. You will be able to download certain of the content made available to you on the Sites, where it is expressly specified that such content is downloadable on the Sites (“Downloadable Materials”). NWC authorizes you to view and download the Downloadable Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Downloadable Materials. You may not copy, distribute, publicly perform, publicly display, modify or adapt the Downloadable Materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Sites (including, without limitation, any marks associated with any products available on the Sites) are the sole property of NWC and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of NWC and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of NWC and may not be copied, imitated or used in whole or in part, without our prior written authorization.
From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). NWC shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.
You may link to any of our Sites from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective NWC Services when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests NWC, the Services, or individuals featured in the NWC Services, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) you do not use the NWC Services or any portion thereof for commercial purposes; and (e) you do not use the NWC Services in any way that is unlawful or harmful to any individual or entity.
You may be able to participate in a community forum on our Sites as part of your access to our Services (“Community Forum”). We respect the intellectual property rights of others and ask our users to do the same. NWC will not tolerate infringing activity on or through the Sites, including the Community Forum, and will remove or disable access to material that NWC believes in good faith upon notice from an intellectual property owner or their agent is infringing the intellectual property of a third party by being made available by a user on or through the Sites. After removing material pursuant to a valid Digital Millennium Copyright Act (“DMCA”) notice, NWC will notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. NWC at its sole discretion may terminate the user accounts of users for actual or apparent copyright infringement.
Reporting instances of copyright infringement. If you believe your content or work is the subject of copyright infringement and appears on or through the Sites, you may submit a notification pursuant to the DMCA in writing to our designated DMCA agent (“DMCA Agent”) at the address set out below with the information required under the DMCA, 17 U.S.C. §512:,
(i) a description of the copyrighted work that you claim has been infringed;
(ii) a description of the location on the Sites and the material you claim is infringing;
(iii) all of your contact information (your full name, address, telephone number, and email address);
(iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Please note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.
Counter-notification. If you believe in good faith that you are the wrongful subject of a DMCA
notification, you may file a counter-notification with our Designated Agent with the following information:
(i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(ii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
(iii) Your contact information, including name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(iv) Your signature in physical or electronic form.
If we receive a counter-notice, NWC will send a copy of the counter-notice to the original complaining party. The original complaining party (or the copyright holder he or she represents) will then have ten (10) business days to notify us that he or she has filed legal action relating to
the allegedly infringing material. If NWC does not receive any such notification within ten (10) days, we may restore the material to the Site.
Designated Agent. Notices and counter-notices with respect to the Sites should be sent to:
Natural Wakefulness Center
Attn: DMCA Agent
27 West 20th Street, Suite 401
New York, NY 10011
Or by email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
By using the Sites and/or the NWC Services, you agree not to:
Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Sites without prior notice to you for violating any of the above provisions or other terms of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. NWC will enforce its intellectual property rights to the fullest extent of the law.
In connection with providing the NWC services, we may provide links to third-party websites as a convenience to you. If you use these links, you will leave the NWC Services and your dealings will solely be with the third-party websites. You agree that NWC is not be responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.
YOUR USE OF THE NWC SERVICES IS AT YOUR SOLE RISK. THE NWC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NWC AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “NWC AND ITS AFFILIATED PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NWC AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE NWC SERVICES WILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE NWC SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) BE CORRECTED OF ANY ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NWC SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NWC AND ITS AFFILIATED PARTIES ON OR THROUGH THE NWC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NWC OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY (WHETHER CAUSED BY ITS NEGLIGENCE OR NOT) OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE NWC SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF NWC AND ITS AFFILIATED PARTIES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM NWC ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID NWC ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to use the NWC Services only for lawful purposes and that you are solely responsible for your use of the NWC Services.
You further agree that you will not access the NWC Services by any means except through the interface provided, or designed, by NWC.
If you provide any information that is false or inaccurate, or NWC has reasonable grounds to suspect that such information is false or inaccurate, NWC has the right to prohibit any use of the NWC Services by you.
You agree that you are not accessing the NWC Services from any territory where it is illegal to do so. If you reside outside the United States and use the NWC Services, you do so on your own initiative and are responsible for compliance with all laws.
This agreement may be terminated by NWC at any time. You also agree that NWC may terminate or suspend your access to the NWC Services, without notice, for any conduct that NWC, in its sole discretion, believes violates these Terms of Services, violates any law or is harmful to the interests of another user or NWC and its Affiliated Parties. You may terminate this Agreement at any time, provided that you discontinue any further use of the NWC Services and destroy any downloaded materials.
NWC reserves the right at any time to modify or discontinue, temporarily or permanently, the NWC Services (or any part thereof), with or without notice. Except as otherwise expressly stated in these Terms of Service, you agree that NWC and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the NWC Services.
You agree to indemnify, defend and hold harmless NWC and its Affiliated Parties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from your use of the NWC Services, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the NWC Services.
This Agreement shall be governed by the laws of the United States and the State of New York, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree that any claim or dispute relating to the NWC Services or this Agreement that is not resolved under the arbitration requirements of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in New York, New York, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.
If there is an instance when you have a concern that needs special attention, NWC is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the NWC Services, you agree to first send a written description of it to [email protected] so we have an opportunity to address it. You agree to work with NWC in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum for any dispute and claim that cannot be resolved informally will be final and binding arbitration. However, if you have infringed or violated, in any manner, NWC’s intellectual property rights, you acknowledge that arbitration is not an adequate remedy at law and that we may seek injunctive relief. You agree that the U.S. Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this agreement to arbitrate and Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless NWC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
YOU AND NWC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NWC agree, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
YOU AND NWC BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND NWC BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
In no event can any claim or action by you related to the NWC Services be instituted more than one year after the cause of action arose.
The following applies to users of the Mindful Glimpses mobile application (“the App”). The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from NWC, your mobile carrier or third-party service provider. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.
We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
iOS App
The following applies if you obtain the App from Apple, Inc.’s (“Apple”) App Store. You acknowledge and agree that these terms of service are solely between you and NWC, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Store Terms of Service or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these Terms of Service and any law applicable to NWC as the provider of the App.
You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, NWC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these terms of service.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting’’ country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
You and NWC acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms of Service and that, upon your acceptance of these terms of service, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of service against you as a third-party beneficiary thereof.
Google Play App
The following applies if you obtain the App from Google Play (or its successors) operated by Google, Inc. (“Google”). You acknowledge and agree that these terms of service are solely between you and NWC, not Google and that Google has no responsibility for the App or the contents thereof. Your use of the App must comply with the Google Play Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these terms of service and any law applicable to NWC as a provider of the App.
Severability. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement. These Terms of Service, including the Privacy Policy and any other policies incorporated herein, constitute the entire and only agreement between NWC and you with respect to your use of the NWC Services and the Sites. These Terms of Use supersede any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding the Sites or the NWC Services.
No Waiver. The failure of NWC and its Affiliated Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms of Service.
If you have any comments, questions, or concerns regarding these Terms of Service or the NWC Services, please contact us at [email protected]. We will address any issue to the best of our abilities as soon as possible.
Natural Wakefulness Center
P.O. Box 122
Stone Ridge, NY 12484
Sign up for my newsletter and get Chapter 1 from The Way of Effortless Mindfulness free! You’ll also receive monthly updates on my latest events, online courses, new videos, and more.