Terms and Conditions
Welcome to Live Everything Mindful!
Live Everything Mindful (LEM) is brought to you by Live Everything Mindful, LCC and our related companies (we, us, our). Our Website provides access to a range of health and wellness content, social features, and our (future) online store. We offer a monthly membership subscription for complete access to our online platform. These Terms and Conditions apply to your use of our Live Everything Mindful website including our (future) store, blogs, stories, areas of engagement, interaction with website contributors and all other content. If you do not like what you see, or you do not agree to these Terms and Conditions, please stop using our Website. Your continued use means you agree to and accept all Terms and Conditions.
Membership is billed monthly (Transaction). You are subject to the Terms of Conditions of Stripe, the third-party payment service provider (Payment Service Provider) used by Live Everything Mindful. You must provide Live Everything Mindful with a current, valid, accepted payment method to complete a Transaction (Payment Method). You may also be required to provide Live Everything Mindful and the Payment Service Provider with standard billing information such as your name, billing address and email address. The issuer of your Payment Method may also charge you a foreign transaction fee or other charges for payment if you are not based in the United States. You are solely responsible for ensuring that your Payment Method and billing details are correct.
LEM will not issue refunds unless where applicable by law.
You may cancel your membership at any time per the cancellation agreement of the Payment Service Provider (Stripe). Live Everything Mindful may cancel memberships, or otherwise vary Services, with the right to do so to avoid harm to LEM, its members a Content Contributor, or third parties. You will not be entitled to any compensation where we take the above action.
By accessing and using our Website you accept and agree that you must be at least 18 years of age, or the age that you are considered an adult in your country, you will only access the Website for your own personal, non-commercial use, you will use the Website in accordance with all applicable laws, in particular, except where permitted by law, you must not reproduce, distribute, modify, display, perform, publish, license, create derivative works from or use the Website (except as expressly authorized in these Terms and Conditions), without our permission. You may occasionally, where prompted, make one print copy of content such as articles, blogs, or recipes on our Website for your own personal use. You will not attempt to alter, deface, remove, hack into, or otherwise interfere with the Website. We may use any content which you post to or publish on the Website, including but not limited to, Inspirational Stories, any comments, information, ideas, reviews, techniques or any other material (User Content) without payment to you, for any purpose whatsoever including, but not limited to, publication, marketing, product development, disclosure to third parties which we are affiliated with and improving the Website. In addition, you agree not to enforce any moral rights in and to User Content, to the extent permitted by applicable law. Your User Content must not be defamatory, misleading, harassing, illegal, false, obscene, threatening, pornographic, hateful, racially, or ethnically offensive or infringe on the rights of third parties. You are solely responsible for your User Content; and we may remove your User Content without notice. This product includes Live Everything Mindful Instagram, Facebook and YouTube accounts.
The Website may contain content such as articles and blogs, software, opinions, advice, website links and promotional offers in connection with or provided by third parties (Third Party Content, LEM Contributor Content). Please note that we are not responsible for any Third-Party Content and your use and reliance on Third-Party Content may be subject to terms and conditions set by that third party. We do not necessarily endorse, control, sponsor or approve of any Third-Party Content, especially medical tests, financial information, practitioners’ products, procedures, or treatments, and you use and rely on any Third-Party Content at your own risk. Any information provided on the Website is for your general information only. No content on the Website is intended to be a substitute for independent professional advice, particularly financial advice, medical advice, diagnosis, or treatment. You should always consider your own circumstances and exercise your own skill, care, and diligence with respect to relying on any information obtained from the Website. Always seek advice from a qualified medical professional for health issues. Contact your doctor or emergency services if you think you may have a medical emergency. Also, writer and presenters’ opinions are their own and do not constitute financial advice. Nothing published by Live Everything Mindful constitutes an investment recommendation nor should any data or content published by Live Everything Mindful be relied upon for any investment activities. Live Everything Mindful strongly recommends that you perform your own independent research and/or speak with a qualified, financial or investment professional before making any financial decisions.
BEMER – Disclaimer
The Live Everything Mindful website may offer a
scheduling option to book BEMER sessions at the LEM Self-Care Center located in
Vancouver, WA. Live Everything Mindful, LCC is not affiliated with BEMER USA, and
is not a distributor of BEMER products. Live Everything Mindful will not sell
or promote the purchase of any BEMER device. When using the Live Everything
Mindful website to sign up for sessions you will be required to agree to a Release
Our goal is to provide you with the best range of health and wellness content possible. We are constantly working to achieve this; however, we cannot promise that everything will be perfect all the time. Accordingly, the Website is provided ‘as is’ and we do not guarantee, warrant or represent that: the Website is provided error-free or uninterrupted, that any information contained on the Website is accurate, reliable, adequate, or complete, that the Website is monitored or protected from User Content or Third-Party Content that may be in breach of these Terms and Conditions or applicable laws; or that the Website is free of viruses or another spyware that could damage your device. To the maximum extent permitted by law we disclaim all liability for any loss or damage (including, but not limited to, special, indirect, consequential loss or loss of profits), howsoever arising directly or indirectly in connection with what is listed here, the Website and your use of the Website. These Terms and Conditions do not limit any non-waivable rights that you may be entitled to under the laws the United States of America.
If any provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. In the event of any conflict between these Terms and Conditions and any information provided by our support team, the Website or otherwise, these Terms and Conditions will prevail. These Terms and Conditions are governed by the laws of Washington State, USA.
All content displayed on the Website is our property, or, where applicable, the property of parties with whom we are affiliated, such as our business partners, Content Contributors, and licensors. All intellectual property rights on the Website are reserved accordingly. Live Everything Mindful is our registered trademark. We take copyright protection seriously. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or if you are aware of any infringing material available through our Website, please notify us via our “Talk to US” page. We do not accept unsolicited materials or ideas for content – please do not send them to us. We do not read unsolicited materials because we need to cover ourselves in the case we come up with an idea that is similar to yours. Accordingly, should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against us regarding the use of such materials and ideas, even if we implement an idea or material that is substantially similar to what you submitted to us.
Sometimes we may change these Terms and Conditions and the Website without notice. You should regularly review these Terms and Conditions to keep up to date with the latest changes as they will apply to your continued use of the Website.
Live Everything Mindful Contributors – End User Agreement
1. LEM Contributors. Areas of engagement on the Live Everything Mindful website enables Contributors who are selected by us (Live Everything Mindful), to offer health, social and financial content, creative engagement and or services (Contributor Services) to individuals seeking services, assistance and inspiration through the Live Everything Mindful website and related accounts. You may gain full access to Live Everything Mindful areas of engagement including access to offers, Services, materials, and products from Contributors by completing the Live Everything Mindful membership subscription purchase process (Transaction). Upon finalizing a Transaction, within the content and areas of engagement on the Live Everything Mindful website, you will have access to details of the Services, including how to contact the Contributor who may provide said offers, Services, materials and products. When you purchase a membership subscription through Live Everything Mindful, you are entering into a legally binding contract directly with Live Everything Mindful and not directly with any LEM Contributor. We are not a party to any contract between yourself and any LEM Contributor. Accordingly, we are not responsible for the provision of any Contributor Services to you and do not act as an agent for either yourself or any LEM Contributor at any time, unless this agreement expressly states otherwise. You may contact an LEM Contributor and contract with said LEM Contributor (Private Services) independently of Live Everything Mindful via the website’s Resource and Referral page. We do not own, create, sell, resell, provide, manage, offer, control, deliver, or supply any LEM Contributor’s Private Services. You acknowledge that any terms and conditions of the LEM Contributor which apply to the Private Services, as disclosed to you via Live Everything Mindful, prior to completing the membership subscription Transaction, will apply to your agreement with the LEM Contributor. Said LEM Contributors may have Terms and Conditions that apply exclusively to you when accessing their offered, Private Services. If you purchase Services or LEM Contributor Private Services on behalf of another person, you acknowledge that you are responsible for ensuring that person is aware of and agrees to be bound by this agreement. If you purchase Services for a minor, you warrant and represent to us that you are legally authorized to act on that minor’s behalf.
2. LEM Contributor Fees. We will not collect LEM Contributor Fees from you on behalf of any LEM Contributor at the time a membership subscription Transaction is completed. If you privately or independently contract with a LEM Contributor, their fees may be subject to taxes or fees imposed by any authority or government agency (Taxes), the amount payable by you is inclusive of those Taxes. Contributors may have their own terms and conditions which will apply to you for Private Services and to process your payment. Use of a Contributor’s services is at your own risk. You acknowledge that, whilst we are not a party to the agreement between yourself and a Contributor, we may be authorized from time to time to act as a Contributor’s payment collection agent for the purpose of accepting admission or materials costs on their behalf at local, online and in-person LEM Sponsored Workshops and Events. We are responsible for remitting any funds paid by you to a Contributor less any amounts which are due and payable to us by that Contributor.
3. LEM Contributor Content. During your experience with Live Everything Mindful, in all areas of engagement, you may view opinions, advice, videos, images, products, general health information, advertising, promotional offers, terms and conditions, hyperlinks and other content or information which has been provided to us by or on behalf of LEM Contributors for the purpose of demonstrating their Services and Private Services available and further accessed via the Resource and Referral page of this website. We are not responsible for any of LEM Contributor’s content (other than LEM branding) and your use and reliance on any LEM Contributor Content may be subject to terms and conditions set by a third party. We do not endorse, control, sponsor or approve of any LEM Contributor Content. You access, use, and rely on any LEM Contributor Content at your own risk, on and off site, as we do not represent or warrant that any LEM Contributor Content is accurate, complete, reliable or complies with this agreement. Any LEM Contributor Content or other information or material provided via Live Everything Mindful is for your general information only and is not intended to be a substitute for independent professional advice, particularly financial advice, medical advice, diagnosis, or treatment. You should always consider your own circumstances and use your own judgement in deciding whether to rely on any information obtained via LEM Contributors and to determine whether any activities, Services or Private Services are appropriate for you. Contact your doctor or emergency services directly if you think you may have a medical emergency.
4. We recommend that you take appropriate precautions to ensure that any LEM Contributor Content you access via Live Everything Mindful is free of viruses, spyware or other programs that could interfere with or damage your device, software or data.
5. Intellectual Property. Subject to your compliance with this agreement, we grant a limited, non-exclusive, revocable, non-transferable license to you to use Live Everything Mindful for the purposes permitted by this agreement. Aside from this limited license, all present and future intellectual property rights worldwide including without limitation, any registered or unregistered copyright, trademark, patent, design, trade secret, know-how, business name or other proprietary right including improvements thereto, are reserved to us and, where applicable our third party software providers. Ownership of all data which provides descriptive, technical, statistical, and other metadata type information regarding your use of Live Everything Mindful, vests in us upon creation.
6. Limitation of Liability. To the maximum extent permitted by law, Live Everything Mindful is provided ‘as is’ and ‘as available’ with all faults and without any express or implied warranty, guarantee or representation made by us as to the accuracy, reliability, security, availability, accessibility or completeness thereof. Whilst we have a strict eligibility criteria and selection process for selecting LEM Contributors we do not guarantee, warrant, or represent that: we endorse, control, sponsor, employ or are otherwise affiliated with a LEM Contributor or their Services, any LEM Contributor Content is true, complete, accurate or up to date, LEM Contributors are duly trained, qualified, experienced, competent, insured, accredited, or licensed to provide any Services, LEM Contributors or Services will produce any kind of outcome or benefit; or any Services will be fit for any particular purpose or will meet any description, expectation or standard. We disclaim, and you hereby release us from, all liability for any loss or damage (including, but not limited to, special, indirect, consequential loss or damage, loss of profits or loss of data), howsoever arising directly or indirectly in connection with this agreement, Live Everything Mindful, LEM Contributors and the Services or Private Services. This agreement does not limit any non-waivable rights that you may be entitled to by law and does not purport to exclude any obligations imposed on us by statutory provisions which cannot be contracted out of. Where Live Everything Mindful comes with guarantees that cannot be excluded under State and Federal consumer protection laws, you may be entitled to a refund directly from a LEM Contributor(s) due to a major failure caused by said LEM Contributor(s) while accessing or utilizing their Private Services. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a major failure of said LEM Contributor(s) while accessing or utilizing their Private Services.
7. Indemnity. You agree to indemnify and hold us harmless from and against any liability, loss, damage, cost (including legal costs), expenses or other liability (Loss) we suffer or incur arising out of or in connection with your use of Live Everything Mindful and LEM Contributors areas of engagement and the Services and Private Services and any breach of this agreement by you. The indemnity given by you is limited to the extent that any gross negligence by us has contributed to the Loss arising.
8. Dispute Resolution. If you enter into a contract to receive Contributor Services or Private Services, we will not be a party to any dispute or claim concerning that contract, however we may elect to facilitate the resolution of that dispute or claim (Dispute) at our discretion. You must use your best endeavors and act in good faith to attempt to resolve any dispute with a LEM Contributor or with us before initiating legal proceedings or taking any other action. You must, upon reasonable request by us, participate in mediation or another similar resolution process to attempt to resolve a Dispute. If we elect to assist in resolving a Dispute, you agree to co-operate with us and act in good faith to provide any action or information which we reasonably require to investigate and assist in resolving the Dispute.
9. Variations. Whilst we will endeavor to notify you of any major changes to Live Everything Mindful and LEM Contributor content and functionality, we may change or cease to provide any features thereof, at any time without notice or liability to you. This agreement may also be varied from time to time. You are responsible for regularly reviewing any changes to this agreement as they will apply to your continued use Live Everything Mindful and the LEM Contributors.
11. Contact Us. If you have comments, concerns or complaints regarding this agreement please contact us directly via the “Talk to Us” section of the website. We will get back to you as soon as possible, but we ask that you allow us up to 30 days to respond before taking any other steps.
Last Updated: 09/09/2020