Terms of Service

Last updated: December 23, 2020

1. INTRODUCTION

Waking Up offers a subscription-based service that allows members to access meditation related content provided over the Internet via an app (“Waking Up Services”).

By using the Waking Up Services you have accepted these terms of service. If you do not agree to these terms, you may not use the Waking Up Services. These terms of service also incorporate the requirements of our privacy policy and any particular Waking Up Services posted guidelines or policies. In our sole discretion, we may modify these terms of service without notice. By using the Waking Up Services you agree to any modifications. We recommend that you review these terms of service prior to each use of the Waking Up Services.

At no time are any teachings or information available from the Waking Up Services intended to be substituted for professional mental health or medical treatment. You should always seek the attention of a licensed medical professional for any concerns.

The Waking Up Services are not available to persons under the age of 13. The Waking Up Services for children series is intended for adults to utilize when meditating with their children or teaching children how to meditate. If you are under the age of 13, you may only use the Waking Up Services for children series under the supervision of your parent or legal guardian, who agrees to be bound by these terms of service. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Waking Up Services if your parent or legal guardian agrees to be bound by these terms of service.

The Waking Up Services are also not available to any users previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY USING THE WAKING UP SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN THESE TERMS OF SERVICE CONTAINED IN SECTION 9.

2. MEMBERSHIP

Subscription. Your Waking Up subscription will continue and automatically renew until terminated. To use the Waking Up Services you must have Internet access, a device that can utilize the Waking Up Services and a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third party charges and taxes when receiving the Waking Up Services through your smart phone or other mobile device.

Free Trial. Your Waking Up Services may start with a free trial period. Any free trial period is at the sole discretion of Waking Up and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We will charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the Waking Up Services.

Account. To have a subscription you will need to open a user account. You will be asked to provide us with certain information such as an email address or Apple ID. You are solely responsible for maintaining the confidentiality of your account, your email address and Apple ID. You will be assigned a one-time PIN code upon each login instance. Please make sure the information you provide to us at all times true, accurate, current, and complete to the best of your knowledge. You may not sell, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account.

Cancellation. You can cancel the Waking Up Services at any time. However, you will continue to have access to the Waking Up Services through the end of your subscription period. To cancel your subscription, please login into your account.

Communication Preferences. With your subscription, you consent to receive communications by email or text. You may stop receiving emails by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to support@wakingup.com.

3. CONTENT AND LICENSING

All content, trademarks, logos, information, and any other materials of the Waking Up Services are the property of Waking Up and are protected by intellectual property laws. By using the Waking Up Services you are granted a limited license for personal use only. You are not permitted to resell, distribute, publicly display, modify, make derivative uses of, or otherwise use the Waking Up Services other than for their intended personal use. If you violate any terms of these services, we may terminate or suspend you from using the Waking Up Services at any time.

4. THIRD PARTY WEBSITES

In connection with providing the Waking Up services, we may provide links to third party websites as a convenience to you. If you use these links, you will leave the Waking Up Services and your dealings will solely be with the third-party websites. You agree that Waking Up is not be responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE WAKING UP SERVICES IS AT YOUR SOLE RISK. THE WAKING UP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAKING UP AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “WAKING UP 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.

WAKING UP AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE WAKING UP SERVICES WILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, OR (IV) BE CORRECTED OF ANY ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WAKING UP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WAKING UP OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. SERVICE USAGE; TERMINATION OF USAGE

You agree to use the Waking Up Services only for lawful purposes and that you are solely responsible for your use of the Waking Up Services.

You further agree that you will not access the Waking Up Services by any means except through the interface provided, or designed, by Waking Up.

If you provide any information that is false or inaccurate, or Waking Up has reasonable grounds to suspect that such information is false or inaccurate, Waking Up has the right to prohibit any use of the Waking Up Services by you.

You agree that you are not accessing the Waking Up Services from any territory where it is illegal to do so. If you reside outside the United States and use the Waking Up Services, you do so on your own initiative and are responsible for compliance with all laws.

This Agreement may be terminated by Waking Up at any time. You also agree that Waking Up may terminate or suspend your access to the Waking Up Services, without notice, for any conduct that Waking Up, in its sole discretion, believes violates this Agreement, violates any law or is harmful. You may terminate this Agreement at any time, provided that you discontinue any further use of the Waking Up Services and destroy any downloaded materials.

Waking Up reserves the right at any time to modify or discontinue, temporarily or permanently, the Waking Up Services, with or without notice.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Waking Up and its Affiliated Parties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from your breach of this Agreement.

8. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

You agree that any claim or dispute relating to the Waking Up Services or this Agreement that is not resolved under the arbitration requirements of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Los Angeles, California, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.

If there is an instance when you have a concern that needs special attention, Waking Up is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Waking Up Services, you agree to first send a written description of it to support@wakingup.com so we have an opportunity to address it. You agree to work with Waking Up in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within 60 days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum for any dispute and claim that cannot be resolved informally will be final and binding arbitration. However, if you have infringed or violated, in any manner, Waking Up’s intellectual property rights, you acknowledge that arbitration is not an adequate remedy at law and that we may seek injunctive relief. You agree that the U.S. Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. If you are required to pay a filing fee, after Waking Up receives notice that you have commenced arbitration (and you have complied with the dispute resolution requirements in this Agreement), Waking Up will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Waking Up and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

YOU AND WAKING UP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Waking Up agree, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WAKING UP BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

In no event can any claim or action by you related to the Waking Up Services be instituted more than one year after the cause of action arose.

9. MISCELLANEOUS

Severability. 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.

Entire Agreement. This Agreement, including the Privacy Policy and any other policies incorporated herein, constitute the entire and only agreement between Waking Up and you. This Agreement supersedes any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding this Agreement or the Waking Up Services.

No Waiver. The failure of Waking Up 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.

10. CONTACT INFORMATION

If you have any comments, questions, or concerns regarding this Agreement or the Waking Up Services, please contact us at support@wakingup.com. We will address any issue to the best of our abilities as soon as possible.

Waking Up, LLC 16633 Ventura Blvd., Suite 815 Encino, CA 91436