Terms of Service Agreement

This Terms of Service Agreement ("Agreement") is an agreement between you ("you" or "user") and Stoa Meditation ("the Organization," "we," or "us"). This Agreement governs your access and use of the web pages, interactive features, applications, widgets and their respective contents at stoameditation.com and Stoa" application (collectively, the "Services") (the "Services"). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services.

We may, in our sole discretion, modify this Agreement with or without notice to you. The "Last Updated" date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Services. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate through the Services and fulfill the obligations set forth in this Agreement.

PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

Normal carrier charges and taxes may apply to any content you obtain from the Services through your cell phone or mobile device. The Organization is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.

You expressly agree that, as part of the Services, you may receive communications by email. You may stop receiving emails by clicking the unsubscribe links contained in such emails or by emailing your request to opt out to stoameditationappo@gmail.com.

Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

You acknowledge that all materials on the Services, including the Services' design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of the Organization or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, 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 the Organization or the respective copyright owner. The Organization authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the 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 Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of the Organization and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Organization and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Organization and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Organization. The Organization will enforce its intellectual property rights to the fullest extent of the law.

Links on the Services to third party websites may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that the Organization and its Affiliated Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. The Organization expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Organization and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ORGANIZATION 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.

THE ORGANIZATION AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED.

THE ORGANIZATION AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE ORGANIZATION FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED FROM THE ORGANIZATION. IF YOU HAVE NOT PAID ANY AMOUNTS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

You agree to indemnify, defend and hold harmless the Organization and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.

If you provide information on the Services, you agree to provide true, accurate, current and complete information about yourself. The Organization has the right to prohibit use if information is false, inaccurate, outdated or incomplete.

You agree to use the Services only for lawful purposes and not to interfere with normal operation or other users' enjoyment. You must access Services only through the provided interface.

This Agreement is effective until terminated by either party. Either party may terminate at any time. Upon termination, you must destroy all downloaded materials.

The Organization reserves the right to modify or discontinue the Services at any time with or without notice.

This Agreement shall be governed by the laws of the United States and the State of California. Any disputes must be resolved in courts located in Los Angeles, California.

For any problem or dispute, you must first contact the Organization at stoa@stoameditation.com and attempt to negotiate in good faith for sixty (60) days.

If the dispute cannot be resolved informally, it shall be resolved through final and binding arbitration conducted by the American Arbitration Association (AAA). For claims under $75,000, AAA's Consumer-Related Disputes procedures apply; for claims over $75,000, Commercial Arbitration Rules apply.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT within thirty (30) days by emailing stoa@stoameditation.com.

NO CLASS ARBITRATION PROCEEDINGS ARE PERMITTED. YOU AND THE ORGANIZATION WAIVE ANY RIGHT TO A JURY TRIAL.

Any claim must be filed within one (1) year after the cause of action arose.

If any provision of this Agreement 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. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

This Agreement, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only Agreement between the Organization and each user of the Services with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

The failure of the Organization and its Affiliated Parties to insist upon strict adherence to any term of this Agreement 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 this Agreement.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

If you have any comments, questions, or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at stoa@stoameditation.com. We will address any issue to the best of our abilities as soon as possible.