TERMS OF PURCHASE
OVERVIEW
These Terms are between you (“Purchaser,” “you,” “your”) and Mindful Frequency LLC (“Company,” “we,” “us,” “our”) for the purpose of any digital product and/or services (our “Products”) purchase through this website at mindfulfrequency.com, or any related domains or subdomains (the “Website”).
By making a purchase or obtaining products or services from our Website, you represent that you are at least 18 years of age and are otherwise able to enter into a binding contract.
SCOPE OF PRODUCTS
Our Products include but are not limited to worksheets, workbooks, journals, guides, ebooks, audio tracks and other digital products available for purchase on our Website.
PRODUCT DELIVERY
When you submit your payment, you will automatically receive the download link via email for the product purchased. You are responsible for notifying us if there is an error in the email confirmation.
PRODUCT DISCLAIMER
You understand and acknowledge that the content provided in our Products is intended solely for informational purposes and does not constitute any level of legal, medical, financial, tax, or any other type of professional advice. You agree to take full responsibility for any damages resulting from the use, or non-use, of the information available in the Products.
PAYMENT
You agree to make punctual and full payments to us for purchased Products. You represent and warrant that you: (i) are duly authorized to use, and (ii) authorize the Company to charge the preferred payment method you provide for any fees related to your purchase of the Products, including but not limited to all applicable sales and taxes.
RETURN POLICY
Due to the digital nature of the products, we do not provide refunds. If you have any concerns or are dissatisfied with the product in any way, please reach out to us at hello@mindfulfrequency.com
CHARGEBACKS
If you initiate a chargeback, the Company reserves the right to collect all additional costs, fees, and expenses associated costs with disputing a chargeback or financial dispute, including, but not limited to, attorney fees and court costs. We reserve the right to pursue appropriate legal measures for fraudulent chargebacks.
PROMOTIONS
From time to time, we may offer promotions, bonuses, and/or discounts (“Promotions”) to potential customers. You are entitled to any active Promotions when you purchase Products through the Website. Promotions are offered manually and/or via automated campaigns at various times and are not guaranteed to be available at the time of your purchase. We reserve the right to change or modify any Promotions at our sole discretion.
LIMITED LICENSE
By purchasing any Product through our Website, we grant you one revocable, non-exclusive, nontransferable license personal-use license (“License”) to use the Product you purchased for your personal or internal business use. You agree that you will not share, copy, reproduce, or sell the Products. If, at our sole discretion, we have reason to believe that you have violated the terms of your license, we reserve the right to invoice you for any licenses you shared with others and pursue additional damages, including but not limited to seeking an injunction or any other available legal remedy.
INTELLECTUAL PROPERTY
The Company is and will remain the sole owner of all rights, titles, and interests in and to the Products. Your purchase of the Products does not result in a transfer of any intellectual property to you beyond the limited license described in the above section. The Company reserves all rights not expressly granted to you.
LIMITATION OF LIABILITY
In no event shall the Company be liable to the Purchaser or any other third party for any damages including, but not limited to, indirect, consequential, incidental, special, exemplary, or punitive damages, regardless of: (i) whether the Purchaser was advised of such damages, (ii) the legal or equitable theory upon which the claim is based, and (iii) the foreseeable nature of the damages.
MAXIMUM DAMAGES
The sole remedy for any actions or claims shall be limited to and shall not exceed the actual amount paid by you for the Products you have purchased through the Website.
NO WARRANTIES
The Products are provided on an “As-is” basis and without warranties, whether express or implied, including but not limited to warranties of merchantability; fitness for a particular use; or non-infringement. The Company makes no warranty regarding the accuracy, reliability, or completeness of the information contained in the Products, the Website, or any Company-related materials. You acknowledge and agree that using the Products does not guarantee any specific outcomes, including financial or business gains for you personally and/or your business. The Company does not warrant that the Products will meet your requirements or be error-free or uninterrupted.
ARBITRATION
All claims and disputes between the Parties that cannot be resolved amicably shall be handled through arbitration in accordance with the rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall be held in Sacramento, California unless the Parties mutually agree to another location. Each Party will be responsible for its own costs and expenses of arbitration and any related proceedings.
SEVERABILITY
If any portion of these Terms is found to be invalid, illegal, or unenforceable, the remainder of these Terms shall remain valid and enforceable. Any failure to enforce a provision of these Terms shall not constitute a waiver of the right or ability to enforce the same rights or provisions in the future.
GOVERNING LAW
These Terms are governed by the laws of the State of California, without regard to any conflict of laws principle. For any dispute regarding these Terms, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in California.
MODIFICATIONS
The Company reserves the right to modify these Terms without notice to you at any time. Your continued use of the Products and Website will be deemed your acceptance and agreement of such changed terms.
ASSIGNMENT
You are not permitted to transfer or assign any of your rights under these Terms to any third party unless you obtain the Company's express written consent.
HEADINGS
The headings in these Terms are inserted for convenience only and shall not affect the interpretation or intent of any provision of this Agreement.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties and supersede all prior understandings and agreements between the parties. All rights not expressly granted in these Terms are reserved by the Company.
Updated 12/1/2024