Welcome to Prisonmindfulness.org, Engagedmindfulness.org, Mindfulcorrections.org, Mindfulpublicsafety.org, and Mindfuljustice.org. These Sites and all related and affiliated sites (henceforth collectively referred to in this document as the “Site”) are managed by Prison Mindfulness Institute, Engaged Mindfulness Institute, Center for Mindfulness in Corrections, Center for Mindfulness in Public Safety, and Mindful Justice Initiative (henceforth collectively referenced as “we,” “our,” “us”). Please read these Terms of Service (“TOS”) before using the Site. By continuing to access and use the Site, you agree to abide and be bound by these TOS. The information contained on this Site, including but not limited to these TOS, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to abide and be bound by the rules as changed.
The following activities may be carried out by Users on our Site and are in congruence with its intended purpose and functionality:
- Read, watch, listen to, and download content related to our programs and services
- Make donation to our organization
- Submit an inquiry through our contact form
- Submit your email address to be included on our mailing list
- Submit a listing to our network directory
- Submit an application to our programs
- Read blog articles and post comments
- Click and follow a link to a third-party site related to the content of our programs
- Become an online member by creating an account; access program materials; participate in discussion forums by posting your own topic, commenting on others’ topics, upload and share files, photos, and other content.
If you create an online member account with us on our Site, you are responsibility for maintaining the confidentiality of your account and password, and for restricting access to the computer(s) you have used to place orders.
Site Content and Use Restrictions
(a) “Engaged Mindfulness Institute”, “Mindfulness-Based Wellness & Resiliency”, “Path of Freedom”, “Prison Dharma Network”, and “Prison Mindfulness Institute” are trademarks of Prison Dharma Network, Inc. registered in the U.S. Furthermore, we own copyrights in all of the written, visual, and oral information published on our Site (the Site’s “Content”), and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Site.
(b) By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether written, visual, oral or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our Site and affiliate sites (either in the form submitted or in a compiled, derivative, edited, adapted, or modified form), to store such content, and to distribute such content and use such content for promotional, marketing, or any other purpose, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish such content for any period.
(c) You shall be solely responsible for your own submissions on or to our Site and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these TOS; and (ii) you have the consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these TOS. In furtherance of the foregoing, you agree that you will not: (i)submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice.
(d) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or its content. You may not distribute any part of this Site or its content over any network, including, without limitation, a local area network, or sell or offer it for sale. Files and content from this Site may not be used to construct any kind of database. Exceptions to the above mentioned restrictions include content from this Site used for your personal and non-commercial use and/or in compliance with the principles of “fair use”: just as we occasionally excerpt content from other sources in order to support the various community conversations that take place on this Site, we respect the right of others to make “fair use” of the materials contained on our Site; accordingly, you may occasionally excerpt and use content on this Site consistent with the principles of “fair use”. No other copying of our Site or its content by you or any third party is permitted without our prior consent.
Our Site and its content are provided on an “As Is” basis, with all faults. To the maximum extent permitted by applicable law, we disclaim all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, we make no warranty, express or implied (i) as to the operation or content of our Site, (ii) that use of our Site will be uninterrupted or error-free, (iii) as to the accuracy, reliability or currency of our Site’s content, (iv) that our Site, the servers that host it, or e-mail we send you are free of viruses, or (v) that content on our Site is immune from access by hackers and other unauthorized users. We are not liable for any damages or harm attributable to such infultrations or corruptions. If you rely on our Site and any materials available through our Site, you do so solely at your own risk. This Site and any content on it is for your reference only and should not be relied upon by you for any purpose. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this Site or available through links on our Site. We reserve the right to correct any errors or omissions on our Site.
Opinions Expressed by Users and Third Parties
Opinions and other statements expressed by users and third parties on the Site, such as in the online community forums or blog comments, are theirs alone, not opinions of the Site. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Site, the Site is not undertaking any obligation or liability relating to the content. The Site and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for inappropriate or unlawful content. The Site and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.
Limitation of Liability
The Site and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site (including, without limitation, as a result of breach of any warranty or other term of these TOS). Any claim against us shall be limited to the amount you paid, if any, for use of our Site and service.
You agree to indemnify and hold harmless the Site and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these TOS or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
These TOS shall be governed by the laws of the United States and the State of Massachusetts, applicable to agreements made and to be performed therein without regard to conflict of laws principles. You agree to submit any dispute to the sole and exclusive jurisdiction of the applicable federal or state courts located in Massachusetts for its resolution. If any provision of these TOS is unlawful, void or unenforceable under applicable law, you and us submit to modification of such provision so as to make it enforceable, or if modification is not possible, to severance of the offending provision and enforcement of the remainder of this Agreement.
Discontinue or Suspend the Site
We reserve the right at any time and from time to time to change, suspend, or discontinue, temporarily or permanently, our Site (or any part thereof) without prior notice. You agree that the Site shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site.
Termination of Use
We reserve the right to terminate your online account and/or your access to our Site at any time and for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole.
These TOS state the entire agreement and understanding between you and us on its subject matter, and supersede any prior statements or understandings on that subject matter.