Please read these terms carefully before using this website. Using this site indicates that you accept these terms.
All intellectual property of all material residing on the website (including, but not limited to) graphics, titles, text, layout and logos shall remain vested with Project Mindfull.
Project Mindfull is not liable for any losses or damages caused by this website or any website linked to or from this website.
Submission, Storage and Sharing of Personal Data
To use our Website or its Content, we may seek personal data including your name, e-mail address, street address, city, state, billing information, or other personally identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when visiting or interacting with our Website and its Content (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information.
Your Confidential Information is stored through by us internally or through a data management system. Your Confidential Information will only be accessed by those who help to obtain, manage, or store that Information, or who have a legitimate need to know such Confidential Information.
There may be an occasion where we may ask for demographic information such as gender or age, but if you choose not to provide such data and information, you may still use the Website and its Content, but you may not be able to use those services where demographic information may be required.
Viewing by Others
Note that whenever you voluntarily make your Confidential Information or Other Information available for viewing by others online through this Website or its Content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the Confidential Information or Other Information that you voluntarily share.
To use certain features of the Website or its Content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
It is your responsibility to protect your own username and password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your personal information at your own risk.
By using our Website and its Content you agree to enter true and accurate information on the Website and its Content. If you enter a bogus email address we have the right to immediately inactivate your account.
Terms and Conditions
THIS SERVICE AGREEMENT is made between Cristi Alonso (“Coach/Practitioner”) and the Members of Project Mindfull (Client).
Description of Services
Coach agrees to develop and provide the services set forth in the client contract.
Delivery of Work
Coach and Client agree that the Services shall be provided via email and video or audio conferencing.
In providing the Services, Coach will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open-minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not an employment agent, business manager, financial analyst or psychotherapist.
Credit Card Authorization (if applicable)
Client acknowledges that Coach, in consideration for the Services, will charge the credit card chosen by Client at program signup on wwww.projectmindfull.com
Compensation (if applicable)
Client agrees to compensate Coach according to the payment schedule set forth in client contract.
Client shall be responsible for the payment amounts, on the payment dates, set forth in client contract. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
Chargebacks and Payment Security
To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. If Client uses a multiple-payment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and is not required to seek separate authorization to do so. Client hereby agrees not to make any chargebacks to Coach’s account. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is cancelled and the furnishing of replacement credit card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Coach’s collection of payment hereunder.
In the event Client fails to make any of the payments within the time prescribed, Coach has the right to immediately cease all work until payment in full is paid. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1% per month.
No Transfer of Intellectual Property
Coach’s copyrighted and original materials shall be provided to the Client for Client’s individual use only. Client shall not be authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied.
No Distribution of Services
Client agrees not to reproduce, duplicate, copy, share, sell, distribute, trade or otherwise disseminate or exploit for any commercial purposes any portion of the Services or any other goods and services provided in connection therewith (including course materials), including but not limited to permitting any third party access to the Services or any other goods and services provided in connection therewith (including course materials).
Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.
Each party hereto represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
Agreement between Coach and Client
Client agrees to not withhold any information necessary for Coach to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.
Disclaimer of Guarantee
Client accepts and agrees that client is 100% responsible for client’s progress and results from the services. Client accepts and agrees that client is the one vital element to success and that coach cannot control client. Coach makes no guarantee or warranty that the program will meet client’s requirements or that all clients will achieve the same results.
The services (as defined herein) and all other goods and services provided by coach herein are provided on an “as is” basis without warranties of any kind, either express or implied. Coach disclaims all warranties, express or implied, arising by law or otherwise, with respect the services (as defined herein) or any other goods and services provided by, through or on behalf of coach under this agreement, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement and any implied warranty arising from course of performance, course of dealing or usage of trade.
Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together.
Limitation of Liability
By using coach to provide the services, client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions and client’s use of the services (as defined herein). In no event will the aggregate liability of coach with regard to this agreement, the services (as defined herein), or any other goods or services provided or failed to be provided under this agreement exceed the compensation paid by client to coach under this agreement. All claims against coach must be lodged with the entity having jurisdiction within 100 calendar days of the date of the events first giving rise to the claim or otherwise be forfeited forever.
Coach shall not be liable for any indirect, consequential, special or exemplary damages (including, without limitation, damages for any loss of profit, revenue, data, business or use) even if such party has been advised of the possibility of such damages.
In the event that Client is in arrears of payment or otherwise in default of this agreement, all payments due hereunder for Services and other goods and services provided or to be provided by Coach to Client shall immediately become due and payable. Coach shall be allowed to immediately collect all such sums from Client and, at Coach’s option, terminate providing further services to Client and/or this agreement. In the event that Client is in arrears of payments to Coach, Client shall be barred from using any of Coach’s services.
In addition, Coach may, at any time and without cause, terminate this agreement, at which time any and all amounts representing Services and other goods and services actually provided by Coach to Client shall immediately become due and payable.
Client shall defend, indemnify, and hold harmless Coach and its employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorney’s fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Services and other goods and services in connection therewith. Client hereby agrees that Coach’s employees, affiliates, representatives, successors and assigns shall not be liable for any acts or omissions of Coach.
Client may not assign or otherwise transfer this agreement, in whole or in part, without the prior written consent of Coach. Any attempt by Client to assign or otherwise transfer this agreement without such consent will be null and void and of no force and effect. Subject to the foregoing, this agreement shall be binding upon and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
This agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. All disputes arising out of this agreement will be subject to the exclusive jurisdiction and venue of courts sitting within San Mateo County, California, and the parties consent to the personal and exclusive jurisdictions of these courts.
If for any reason any provision of this agreement is held to be invalid or unenforceable, that provision of this agreement will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.
Any modification or amendment of any provision of this agreement will be effective only if in writing and signed by duly authorized representatives of the parties hereto. None of the provisions of this agreement shall be deemed to have been waived by any act or acquiescence by either party, its agents, or employees, but only by an instrument in writing signed by a duly authorized representative of such party. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on any other occasion.
Neither party will be responsible for any failure or delay in performing any of its obligations under this agreement (other than the obligation to pay money when due) due to causes beyond its reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action. Any failure to perform that is excused pursuant to this paragraph shall be cured as soon as is reasonably practical by the non-performing party, but such failure shall not exceed thirty days from the date of notice of failure.
The parties are independent contractors and neither this agreement nor any provision hereof shall be deemed to create any relationship of joint venture, partnership, franchise, employment, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.