"TERMS OF USE"

TERMS OF USE

The Art Of Tuning In, LLC - (free) community meditation series

By clicking "Register," or any other phrase on the purchase button, or otherwise enrolling, electronically, verbally, or otherwise, you (“Member”) agree to be provided with products, programs, or services as part of the Holding Space (free) Community Meditation Series (“free community meditation”) operated by Maria Furlano, acting on behalf of The Art Of Tuning In, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

1. TERMS OF “free community meditation”.

(a) Upon registering and execution of this Agreement, Member will be provided with the following content and/or services as detailed on TheArtOfTuningIn.com (“the Website”) and selected prior to registration. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:

a. Thirty (30) minute live group guided meditation, or pre-recorded guided meditation.

b.  Scheduled upon Maria Furlano's availability and can be canceled, adjusted in time, day or scheduled dates at any time.

(d) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the series.

(e) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

(f) The Company may from time to time offer extra Services to Member for an additional fee.

(g) The content included in the Site is for your individual, non-commercial use. Member agrees not to share login details and/or materials with any third parties.

(h) Member will have access to the live sessions and recordings while in good standing only. If Member is not in good standing, Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

(i) At any point and without prior notice, Company may terminate this “free community meditation" series live series and access to the recordings.

(j) Member has the option to cancel access to this “free community meditation” at any time by replying to the weekly email  and stating "please cancel." Member will then be removed from “free community meditation” emails, live gathering and Member will no longer receive access to the online recordings. Please allow ONE WEEK to be removed from information emails.

Subscriber will NOT be removed from The Art Of Tuning In, LLC newsletters. If subscriber wishes to be removed completely from all communication emails, then please hit unsubscribe at the bottom of any newsletter and you will be removed completely from all communications. 

2. PAYMENT AND REFUND POLICY.

(a)  Registration for “free community meditation” is free ($0).

3.  DISCLAIMER.  By participating in the Membership, Member acknowledges that the Company makes no guarantees as to the outcome of any Services, teachings, series or modules accessed through this site. By participating in this “free community meditation," the Member acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Member may suffer by relying on series, modules, content, group calls, guest speakers, videos, audios, services, or products.  Use of this site is at Members own risk. Any use of videos, or audios requiring physical activity are done at Member discretion and the Company will not be held liable for any injury that could result from utilizing videos or audios.

By participating in the “free community meditation,” Member acknowledges that the Company nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.

Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.

The Company may provide the Member with information relating to products that the Company believes might benefit the Member. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Member with third-party recommendations for such services as health, or other related services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Member when this is the case. Member agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Member.  

4.  RECORDING AND REDISTRIBUTION OF CALLS. Member acknowledges that group calls and/or trainings may be video and audio recorded. Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.

5.  RELEASE. Member agrees that the Company may use any written statements, images, audio recordings or video recordings of Member obtained while registered in “free community meditation.” This includes any content Member may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Member's participation in the “free community meditation."

Member waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Member waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Member, their heirs, representatives, executors, administrators, or any other persons acting on Members behalf or on behalf of the Members estates have or may have by reason of this authorization.

6.  INTELLECTUAL PROPERTY RIGHTS.  In respect of the Material specifically created for the Member as part of this “free community meditation” including series, modules, videos, audios, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Member, nor grant any right or license other than those stated in this Agreement.

Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

7.  DISCLAIMER OF WARRANTIES. The Services provided to the Member by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

8.  LIMITATION OF LIABILITY.  By using the Company’s Services and registering for this “free community meditation,” Member accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Member agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Series. Member agrees that use of this “free community meditation” is at user’s own risk.

 9.  DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Sacramento, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

10.  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California within United States of America, regardless of the conflict of laws principles thereof.

 11.  NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected].

12.  ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

Last Updated:  August 30, 2023