Enter Into Calm, LLC
Last Updated December 7, 2020
ThESE TERMS include a class action waiver and an arbitration provision that governs any disputes between you and ENTER INTO CALM.
To access or use any of our Services, you must agree to be unconditionally bound by these Terms. You accept these Terms by clicking to accept or agree to the Terms where this option is made available in any agreement or electronic form, or by simply accessing or using our Services. You must be of legal age and capacity to form a binding contract in order to accept these Terms. These Terms will remain in effect while you use our Services. If you do not agree with any of these Terms, do not access or use the Services.
To access or use our Services, you must be at least 18 years old, a resident of the United States, and of legal capacity to consent to receipt of our Services. We reserve the right to refuse our Services to any person who we determine to be unfit to participate in the Services, including without limitation due to history of reactions to hypnosis, uncontrolled epilepsy without physician consent, untreated mental illness, or other conditions or reasons subject to our sole discretion.
Not Medical Treatment or Advice
YOU UNDERSTAND AND AGREE THAT ALL OF OUR CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT OFFER MEDICAL TREATMENT OR ADVICE. Enter Into Calm does not offer any form of diagnosis, treatment, or advice regarding any medical or mental health condition or illness. Our Services cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
You acknowledge that you have read and understand our Privacy Notice. You may review our Privacy Notice at any time by visiting our Site and clicking on the Privacy Notice link.
Contents and Ownership
Unless otherwise expressly indicated, the information contained in the Services, including but not limited to all content, videos, electronic or digital books, resources, training materials, images, illustrations, designs, photographs, text, graphics, icons, designs, software code, written information and screens appearing on the Site, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on or accessible via the Site, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Enter Into Calm (collectively, the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions.
Nothing in these Terms is intended to transfer to you any rights to the Contents or grant you any license to the Contents, except as specifically set forth in these Terms or the applicable license terms pertaining to certain Site features. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of Enter Into Calm. You may only display, download, and print in hard copy format the Contents for the purposes of using the Services as an internal or personal business resource. Only a duly authorized officer of Enter Into Calm may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of Enter Into Calm is invalid.
Enter Into Calm’s unregistered trademarks, including without limitation the Enter Into Calm logo, Enter Into Calm, LLC; Enter Into Calm; and any registered trademarks as well as trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Enter Into Calm. You may not use any meta tags or any other hidden text utilizing a Enter Into Calm name, trademark, or product name without Enter Into Calm’s prior written permission. Third-party trademarks and service marks used on the Site are the property of their respective owners, and we use them with their consent. Enter Into Calm and the other licensors of the marks on the Site reserve all rights with respect to all Contents and all intellectual property.
You have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services solely for your own personal or internal business use. Except for the express licenses granted herein, Enter Into Calm does not grant you any right, title, or interest in the Contents. You agree to take such actions as Enter Into Calm may reasonably request to perfect our rights to the Contents. By using the Services or features thereof, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of the Services does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.
You are not authorized to use any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage us. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents, including reproduction for purposes other than as noted above, without the prior written permission of Enter Into Calm is strictly prohibited.
You may not use the Services for any commercial purpose (except when transacting business with us) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion of it (including the Contents) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services.
Tampering with the Site, conducting fraudulent activities via the Site, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Site or our other Services. You are also strictly prohibited from violating or trying to violate the security features of the Site, such as by:
- Accessing data not intended for you or logging onto a server or an account that you are not authorized to access.
- Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing.
- Attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
- Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You may have the opportunity to provide us certain communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby grant to us all rights, titles and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
User Generated Material
You may have the opportunity to provide, upload, submit or send to Enter Into Calm your name, image, likeness, trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you), Feedback, comments, photos, images, or other materials (collectively, “User Generated Material”). With respect to any User Generated Material posted by you, you represent that (a) you created and/or own the rights to the User Generated Material, or you have the owner’s express permission to post such content; and (b) the User Generated Material does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. Additionally, you understand and agree that User Generated Material must not:
- Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
- Violate Enter Into Calm’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal or unlawful act;
- Create or threaten harm to any person or loss or damage to property;
- Include others’ Personal Information or any other information that may be used to track, contact, or impersonate that individual;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of Enter Into Calm or any other person, or violate the terms of any contract in respect of such intellectual property or proprietary rights;
- Seek to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise;
- Misrepresent your identity or affiliation with any person or organization;
- Seek to collect others’ email addresses, usernames, or passwords by any means;
- Seek to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on Enter Into Calm or the networks or services connected to the Site, or to install or attempt to install or promote spyware, malware or other computer code on our or third parties’ computers or equipment; or
- Be otherwise objectionable as determined by Enter Into Calm at our sole discretion.
We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify or store User Generated Material at any time and for any reason without notice. We may refuse, alter, or remove User Generated Material without notice for any reason at our sole discretion. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Generated Material that you or a third party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. You understand that User Generated Material may be accessible and viewable by the public or others. You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with interacting with other users through the Site, and, to the extent the law permits, you release us from any claims or liability related to any User Generated Material posted to the Site and from any claims related to the conduct of any other users.
Enter Into Calm does not claim ownership of User Generated Material that a user provides, uploads, submits or sends to Enter Into Calm. Notwithstanding the foregoing, you hereby grant Enter Into Calm an irrevocable, worldwide, royalty-free, fully-paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Generated Material in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting Enter Into Calm, its products and services. You further acknowledge that Enter Into Calm may modify the User Generated Material for any purpose. However, Enter Into Calm has no obligation to use any User Generated Material, and Enter Into Calm’s use of any User Generated Material does not create or imply any endorsement of or affiliation with you. You acknowledge and agree that Enter Into Calm will not compensate you for any User Generated Material.
Notification of Infringement
It is Enter Into Calm’s policy to respond to clear notices of alleged copyright infringement. This section explains the information that must be included in these notices and is designed to confirm with the provisions of the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, Enter Into Calm will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice to our Designated Copyright Agent at [email protected] with the following information in writing (you should speak with your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Enter Into Calm to locate the material.
- Information reasonably sufficient to permit Enter Into Calm to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice. The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Enter Into Calm may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Communications from Us
If you sign up for our Services or request information about us or our Services, we may use your contact information you provide to us to communicate with you about your use of our Services. For example, we may send you service announcements or administrative communications by email, phone, text, or other means. You understand that you receive these communications as part of your use of our Services. We may also send you marketing communications by email, mail, or other means in compliance with your preferences and applicable law. You may opt-out of receiving marketing communications from us by unsubscribing from our emails or submitting a request to us as instructed in our Privacy Notice.
Consent to Do Business Electronically
By accessing our Site, signing up to receive our Services, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (a) Enter Into Calm communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from Enter Into Calm electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.
Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. WE MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULT OR OUTCOME, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Enter Into Calm does not warrant that the SERVICES will meet all of your requirements or that THE SITE OR OTHER SERVICE operations will be uninterrupted or error free, or that any defectS will be corrected. No oral or written information, representation or advice given by Enter Into Calm shall create a warranty without a writing signed by Enter Into Calm EXPRESSLY CREATING such warranty.
You agree to indemnify and hold US, our subsidiaries and our affiliates, and their respective MEMBERS, directors, SHAREHOLDERS, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, INJURY, or demand, including without limitation reasonable attorneys’ fees, due or relating to or arising out of (i) your use of THE SERVICES, (ii) your breach of THESE TERMS, or (iii) any breach of your representations and warranties set forth HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTER INTO CALM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY PERSONAL INJURY, MEDICAL CONDITION, LOSS OF MONEY OR PROPERTY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF ENTER INTO CALM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ENTER INTO CALM BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO ENTER INTO CALM FOR MEMBERSHIP SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT ENTER INTO CALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Class Action Waiver
You hereby waive any right to commence or participate in any class action lawsuit against ENTER INTO CALM related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against ENTER INTO CALM otherwise commenced ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.
Please read this section carefully. This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and Enter Into Calm arising out of or relating to: (a) these Terms, or the breach thereof, or (b) your access to or use of the Services, or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by a binding arbitration administered by use Arbitration Service of Portland Inc. in accordance with its Procedural Rules, with the arbitration to be held in Multnomah County, State of Oregon, USA. The arbitration shall be governed by the Federal Arbitration Act and by the internal laws of the State of Oregon, without regard to conflicts of laws principles. Claims shall be heard by a single arbitrator. The parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. In arbitration, the parties give up their right to have their Claim decided by a judge or jury, and their Claim is instead decided by an arbitrator. Discovery rights and appellate rights in arbitration are more limited than in court. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made.
YOU AND ENTER INTO CALM AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ENTER INTO CALM AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SECTION, AND IF THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, THEN SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
NOTWITHSTANDING THE ARBITRATION AGREEMENT, IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU HEREBY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MULTNOMAH COUNTY, OREGON, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS. Enter Into Calm controls and operates the Site from its offices within the United States. If you choose to access the Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. You acknowledge that you may not be able to access all or some of the Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from Enter Into Calm. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. Enter Into Calm’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Enter Into Calm as a result of these Terms or your use of the Services.
Changes to These Terms
We reserve the right to modify these Terms at any time by updating this posting without additional notice to you. All changes are effective immediately when posted. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
If you have any questions about these Terms or the Services, please contact us at [email protected].