DEN TERMS & PRIVACY

THE DEN CO., TERMS OF USE

Last Modified, June of 2022

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to The DEN Meditation, LLC website located at https://DENmeditation.com/ (the “Site”). Your access and use of the Site, the mobile application (the “App”) and the features, products and services provided by The DEN Meditation, LLC, its parent, subsidiaries and affiliates (collectively, “The DEN” “we,” “us,” or “our”) through the Site or the App, but excluding any software, products or services provided by The DEN, under a separate written agreement, (together with the Site and the App, the “Service”), is subject to the terms and conditions in this Terms of Use (this “ToU”).

You must agree to this ToU in order to use the Site and/or the Service. BY AGREEING TO THESE TERMS (INCLUDING BY A CLICK-THROUGH OR OTHER AGREEMENT), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS TOU AND AGREE TO ALL OF ITS RESPECTIVE TERMS AND CONDITIONS. Also, by agreeing to this ToU (including by a click-through or other agreement), you are waiving, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding. If you use any aspect of the Service, or click to accept or agree to this ToU if presented to you in a user interface on the Site or the App, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using any aspect of the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use any aspect of the Service.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. With limited exceptions, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT and that all disputes between you and The DEN arising out of or relating to this ToU or any aspect of the Service will be resolved by BINDING ARBITRATION. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please SEE THE SECTION BELOW ENTITLED “Binding Arbitration” for more details regarding your obligation to resolve any disputes in arbitration.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE to receive texts from DEN Meditation. Please note that message and data rates may apply. Message frequency from sender will vary but never be more than one marketing campaign a week. Text HELP for help. Text STOP to unsubscribe

ToU Updates. The DEN may update this ToU at any time, and The DEN will post the updated version of this ToU on the App and/or the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If The DEN makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you used to register for an account. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications to the Service.
Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that The DEN may make changes to any aspect of the Service at any time without notifying you in advance.
Termination of Service. The DEN reserves the right to deny service to any person or entity at The DEN’s sole and absolute discretion. You acknowledge and agree that The DEN may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if The DEN suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If The DEN disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
ACCOUNTS AND SECURITY.

4.1 Account. You do not need to create an account to visit the App or the Site, but you must create an account to access and utilize certain aspects of the Service by completing the registration process or by creating an account through the MINDBODY application platform. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to The DEN will be correct, accurate and current.

4.2 Social Networks and The DEN. By linking your account with any social network account including but not limited to, Facebook, Instagram or Twitter (“Social Network” or collectively, “Social Networks”), you expressly authorize The DEN to receive, and for Social Networks to share, certain of your information that is available on or through Social Network accounts, including, without limitation, your profile information, friends’ names, your photos, privacy settings, your payment information associated with your account and certain other information that may be disclosed to you (and authorized by you) during the log-in process. The DEN is made available by The DEN and its affiliates. Social Networks are made available by their respective corporate entities.

4.3 Fees. You agree to pay immediately all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. The DEN may, from time to time, modify, amend, or supplement its pricing, cancellation fees and billing procedures, and such changes shall be effective immediately upon posting a link to an update of this ToU or posting such changes elsewhere on the Site and/or the App. If there is a dispute regarding your payment of fees or the Service The DEN shall have the right to terminate your account without prior notice. For the avoidance of doubt, if you purchase a monthly (or other periodic) Subscription Membership, you agree and acknowledge that your Subscription Membership has an initial and recurring payment charge at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by The DEN after the expiration date of your payment card. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.4 Payments. All payments are payable by electronic funds transfer from your credit card account or debit card account. You must authorize payments to be made through a third-party payment processor. You authorize The DEN to charge all payments for the Service (including charges associated with cancellations) on the payment method designated in your account. When you make a reservation through the Site, App or a third-party reservation app, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the payment total quoted at checkout. However, you will only be charged the final payment total once your payment is registered as complete within The DEN system. The DEN will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that The DEN may incur in its efforts to collect any unpaid balances from you.

4.5 Subscription Payments . If you purchase a Monthly Pass, or any in person or digital Membership (collectively, “Subscription Membership”), you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription Membership and each subscription period (e.g., monthly or annually, as specified when you purchase such Subscription Membership) thereafter, at the then-current Subscription Membership Fee. Please note that any three-month workshop or class contract defaults into a month – to – month payment schedule after the three-month contractual period terminates.

4.6 If you purchase a Subscription Membership, we (or our third-party payment processor) will automatically charge you each period on or about the applicable anniversary of the calendar day of the commencement of your Subscription Membership, using the Payment Information you have provided until you cancel your Subscription Membership. In the event your Subscription Membership began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we (or our third party payment processor) deem appropriate (for example, if you started a monthly Subscription Membership on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on or about that date). By agreeing to this Agreement and electing to purchase a Subscription Membership, you acknowledge that your Subscription Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription Membership by you or The DEN. Please pay special attention to the recurring payment features associated with your Subscription Membership listed on the Site or the App. Your Subscription Membership continues until cancelled by you or we terminate your access to or use of the Services or Subscription Membership in accordance with this Agreement.

4.7 Subscription Cancellation . If you purchased a Subscription Membership through your account, you may cancel your Subscription Membership at any time by disabling the auto-renewal settings in your account settings. Your Subscription Membership will then terminate at the end of your current Subscription Membership period. HOWEVER, ANY TRANSACTION YOU INITIATE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.

4.8 Cancellations, Returns and Refunds.

(a) Cancellation on Behalf of The DEN.

1) All classes, workshops and events are subject to cancellation by The DEN upon notice to you. Notice may be given by email to the address you have provided to us, or by any other means. Fees for classes, workshops and other events that are cancelled by The DEN will be refunded in full to your account.

(b) Cancellation on Behalf of a Member or Non-Member .

1) General

a. Please note that The DEN may update their cancellation and refund policies at any time. You understand and agree that you will be deemed to have accepted the updated cancellation and refund policies if you use any aspect of the Service after the cancellation and refund policies have been posted on the App and/or the Site. Please note that different cancellation fees will apply towards The DEN members (each a “Member”) and non-members (each a “Non-Member”).

2) Classes

a. IN STUDIO: If you choose to cancel a registration in a class, and The DEN receives your cancellation at least 2 hours before the class begins, the registration fees for the class will be refunded to your account. If you do not cancel the class within 2 hours of the start time of the class, or are a no-show, you will lose the class and not receive the refund. All refunds will be made to your account only.

b. DENANYWHERE: All online purchases for classes are subject to no refunds.

3) Workshops

a. IN STUDIO: If you choose to cancel a registration in a workshop, and The DEN receives your cancellation at least 6 hours before the class begins, the registration fees for the workshop will be refunded to your account. If you do not cancel the workshop within 6 hours of the start time of the class, or are a no-show, you will lose the workshop. All refunds will be made to your account only.

b. DENANYWHERE: All online purchases for workshops are subject to no refunds.

4) Private Sessions

a. If you choose to cancel a private session, and The DEN receives your cancellation within 24-hours of the scheduled appointment, you will receive a refund to your account only. If you miss the cancellation window, you will be charged the fees associated with the private session.

5) Healing Services

a. If you choose to cancel a healing service, which includes, but is not limited to a craniosacral therapy, crystal therapy, hypnosis, reiki, shamanic healing, sound therapy, (collectively, the “Healing Services”) and The DEN receives your cancellation within 24-hours of the scheduled appointment, you will receive a refund to your account only. If you miss the cancellation window, you will be charged the fees associated with the Healing Services.

6) Reading Services

a. If you choose to cancel a reading service, which includes, but is not limited to akashic, astrological, psychic and tarot readings, (collectively, the “Reading Services”) and The DEN receives your cancellation within 24-hours of the scheduled appointment, you will receive a refund to your account only. If you miss the cancellation window, you will be charged the fees associated with the Reading Services.

7) Series/Events

a. If you choose to cancel a series or event, and The DEN receives your cancellation within 24-hours of the scheduled appointment, you will receive a refund to your account only. If you miss the cancellation window, you will be charged the fees associated with the series or event.

8) Merchandise

a. For merchandise purchased from The DEN, refunds are available as described below if the item is returned in the same condition in which it was purchased. A full refund will be given if the item of merchandise is returned to The DEN within seven (7) days after purchase, and store credit will be granted in the full amount of the purchase if the item of merchandise is returned to The DEN within thirty (30) days after purchase. No refunds are given for returns more than thirty (30) days after purchase.

4.9 Additional Information. The DEN reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

4.10 Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password and for all activities that are conducted via your account. You agree to notify The DEN immediately if you become aware of any unauthorized use of your password or of your account. To better understand how we maintain the security of your personal information, please refer to our Privacy Policy.

4.11 Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

4.12 Cancellation by You. You have the right to cancel your Subscription or your account at any time. You may cancel your account by contacting us via telephone, through the website , or email at denlive@DENmeditation.com . If you cancel a Subscription Membership, you may use your Subscription Membership until the end of your then-current Subscription Membership term.

4.13 Termination by The DEN. The DEN may at any time terminate your account if:

The DEN determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to The DEN;

(d) The DEN decides to stop providing the Service or critical portions of the Service.

4.14 Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may reactivate that account at any time by logging in to the Service through the App or the Site and reactivating the account and if, applicable, paying any outstanding Subscription Fee owed under the account. Accounts terminated by The DEN for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.

RESTRICTIONS AND CONDITIONS OF USE.

5.1 Use of the Service. Subject to the terms and conditions of this ToU, The DEN hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely in accordance with this ToU and any rules, restrictions or documentation set forth by The DEN from time to time. The DEN reserves all rights not expressly granted to you. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. The DEN reserves the right to add or remove information, content or Services from the App or the Site at any time at its sole discretion.

5.2 Installation. In connection with the Service, you may access the Site on one or more mobile devices that you own or control and that meet the minimum specifications provided by The DEN.

5.3 Updates. You acknowledge and agree that The DEN may update the Service from time to time with or without notifying you and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that The DEN has no obligation to make the Service available to you, make any subsequent versions of the App or the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and The DEN may terminate your access to the Service or stop offering the Service at any time.

5.4 Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the App or the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site or Service.

5.5 No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

5.6 Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.

i. Without limiting the generality of the foregoing, you agree that you will not: (i) remove any trademarks, copyright notices, proprietary notices or any other notice contained in any content, materials, or individual elements provided on or through the Service; (ii) cause, permit or authorize the modification, creation of or reproduction of derivative works, translation, reverse engineering, decompiling, disassembling, overcoming any encryption technology or security measures or hacking of the Service; (iii) make any commercial use, sell, assign, rent, lease, act as a service bureau, or in any way exploit any content, materials, or individual elements provided on or through the Service without The DEN’s prior consent; (iv) grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of The DEN; or (v) frame or utilize framing techniques to enclose any content, materials or individual elements provided on or through the Service without The DEN’s prior written consent; (vi) make any false, misleading or deceptive statement or representation regarding The DEN or the Service.

(e) Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, limit the functionality, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed on or through the Service or transmitted through the use of any of the Service; (iii) attempt to gain unauthorized access to the Service, user information, or any servers, systems or networks connected to the Service; (iv) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with The DEN; (v) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (vi) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or use the Service to upload, post transmit promotional materials, junk mail, spam or other form of solicitation; (vii) or use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.

(f) Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by The DEN in its sole discretion.

5.7 No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, mobile phone numbers, email addresses of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, interfere with, damage or disassemble, any aspect of the Service.

5.8 Violation of this ToU. You acknowledge and agree that you are solely responsible, and The DEN has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. The DEN may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 5.8 or any other terms of this ToU.

Links.

6.2 Links from the Service. The Service may contain links to websites operated by independent third parties. The DEN provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of The DEN and The DEN is not responsible for the content available on the other websites or services. Such links do not imply The DEN’s endorsement of information or material on any other website and The DEN disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

6.3 Links to the Service. Unless otherwise set forth in a written agreement between you and The DEN’s, you must adhere to The DEN’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Service may not be such as to damage or dilute the goodwill associated with The DEN’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with The DEN; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. The DEN’s reserves the right to revoke its consent to the link at any time and in its sole discretion.

Intellectual Property.

7.1 Trademarks. The DEN’s name and logo are trademarks and service marks of The DEN. Unless permitted in a separate written agreement with The DEN, you do not have the right to use any of The DEN’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

7.2 Ownership. You acknowledge and agree that The DEN, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that The DEN has designated as confidential and you agree not to disclose such information without The DEN’s prior written consent.

7.3 Feedback. You may choose to, or The DEN may invite you to, submit comments, bug reports, ideas or other feedback about the App, Site and/or the Service (“Feedback”) to denlive@DENmeditation.com or you may drop us a note by clicking on the “Contact” link on the Site. By submitting Feedback, you agree that The DEN is free to use such Feedback at its discretion without any obligation to you. The DEN may also choose to disclose Feedback to third parties. You hereby grant The DEN a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

7.4 The DEN respects the intellectual property rights of others, and requires that people who use the Service do the same. The DEN maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Los Angeles, CA 90067

Tel: (323)310-3620
Email: denlive@DENmeditation.com

Privacy Policy By accepting this ToU or using any aspect of the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. The DEN may revise the Privacy Policy at any time, and a link to the new versions will be posted on the App and/or the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. By using the Service, you agree to the then-current versions of the ToU and Privacy Policy, which will be posted on the App and/or the Site.
Location. The Service is operated by The DEN in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
Advertisers.

10.1 Each party providing an advertisement or sponsored posting on the App or the Site (“Advertiser”) represents and warrants that (a) it has full power and authority to enter into transactions and market, advertise, distribute, promote, reproduce, offer for sale and sell the properties and to use all marks, names and designs used in connection with the foregoing; and (b) the property information, documentation and specifications that the Advertiser has provided to The DEN is accurate, true, correct, complete and not misleading.

10.2 The DEN shall not be responsible for monitoring whether the advertisements or sponsored postings by Advertisers are accurate and does not guarantee that such advertisements or promotions are being honored.

Children. The Service is not directed toward children under 13 years of age, and The DEN does not knowingly collect information from children under the age of 13 or allow them to create an account or access account features. If you are under the age of 13, please do not submit any personal information about yourself to The DEN.
DISCLAIMER OF WARRANTIES.

12.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

12.3 THE DEN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE.

12.4 THE DEN DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.5 YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

12.6 YOU AGREE AND ACKNOWLEDGE THAT THE PHYSICAL ACTIVITY RELATED TO YOGA INSTRUCTIONAL CLASSES AND OTHER EXERCISE AND FITNESS ACTIVITIES NATURALLY INVOLVES THE RISK OF PHYSICAL INJURY. SUCH INJURY OR LOSS MAY INCLUDE PHYSICAL, MENTAL AND/OR EMOTIONAL HEALTH ISSUES. PHYSICAL EXERCISE MAY INVOLVE THE USE OF RECOMMENDED EQUIPMENT SUCH AS BLOCKS AND STRAPS AND YOU VOLUNTARILY ASSUME AND ACCEPT ANY RISKS ASSOCIATED WITH PHYSICAL ACTIVITY RELATED TO THE SERVICE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO SELECT THE COURSES AND EXERCISES THAT ARE APPROPRIATE FOR SOMEONE WITH YOUR LEVEL OF SKILL AND ABILITY.

12.7 YOU ARE SOLELY RESPONSIBLE FOR CONSULTING WITH APPROPRIATE PHYSICAL AND MENTAL HEALTH PROFESSIONALS BEFORE ENGAGING IN ANY SUCH ACTIVITIES OR USING ANY OF THE INFORMATION OFFERED IN THE COURSE OF INSTRUCTION, AND HEREBY ASSUME ANY AND ALL RISK IN DOING SO. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SOUGHT SUCH EXPERT ADVICE BEFORE USING ANY OF THE DEN SERVICES.

12.8 YOU AGREE AND ACKNOWLEDGE THAT ALL READING SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY. YOU ACKNOWLEDGE NONE OF THE READING OR HEALING SERVICES ARE INTENDED TO, NOR SHOULD TAKE THE PLACE OF PROFESSIONAL SERVICES INCLUDING, BUT NOT LIMITED TO, MEDICAL, LEGAL, FINANCIAL, BUSINESS AND/OR PSYCHOLOGICAL.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEN AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:

i. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF THE DEN OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;

(g) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR

(h) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.

13.2 WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE DEN OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or inciDENtal damages, in such states or jurisdictions, the liability of The DEN and the Related Parties shall be limited to the fullest extent permitted by law.

Indemnification. You agree to defend, indemnify and hold The DEN and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service or (b) your breach of this ToU or any other policies that The DEN may issue for the Service from time to time.
Governing Law; Jurisdiction. This ToU is governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and The DEN agree that, except as otherwise provided in Section 16 below, the state and federal courts located in Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, The DEN shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
Binding Arbitration.

Arbitration Procedures. You and The DEN agree that, except as provided in Section 18.1 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 16 and the JAMS Rules, the terms in this Section 16 will control and prevail.

Except as otherwise set forth in Section 18.1 you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and The DEN will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and The DEN may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
Limitations. You and The DEN agree that any arbitration shall be limited to the Claim between The DEN and you individually. YOU AND THE DEN AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

18.1 Exceptions to Arbitration. You and The DEN agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of The DEN’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

18.2 Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

18.3 Severability. You and The DEN agree that if any portion of this Section 18 is found illegal or unenforceable (except any portion of Section 18.1), that portion shall be severed, and the remainder of the section shall be given full force and effect. If Section 18.1 is found to be illegal or unenforceable then neither you nor The DEN will elect to arbitrate any Claim falling within that portion of 18.1 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, California United States of America, and you and The DEN agree to submit to the personal jurisdiction of that court.

18.4 Survival. This Section 18 shall survive any termination of your relationship with The DEN.

Notice Regarding App Stores. To the extent that you are using our mobile application that you downloaded through a third party’s App store, you further acknowledge and agree to the terms of this Section 19. You acknowledge that this ToU is between you and The DEN only, not with the owner or operator of the App store (the “App Store Provider”), and the App Store Provider is not responsible for the App or the Service and the content thereof.

19.2 The App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Service. In the event of any failure of the App or Service to conform to any applicable warranty, you may notify the App Store Provider and the App Store Provider will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Service.

19.3 The App Store Provider will not be responsible for addressing any claims by you or any third party relating to the App or the Service or your possession and/or use of the App or the Service, including, but not limited to (a) product liability claims; (b) any claim that the App or the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

19.4 The App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or the Service and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the App or the Service. You acknowledge and agree that the App Store Provider and its subsidiaries are third-party beneficiaries of this ToU, and upon your acceptance of this ToU, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this ToU against you as a third-party beneficiary of this ToU.

19.5 You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

20.1 Survival. This Section 20.1 shall survive any termination of your relationship with The DEN.

General.

21.1 ToU Revisions. ToU Revisions. This ToU may only be revised in a writing signed by The DEN or published by The DEN on the App or the Site.

21.2 No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The DEN as a result of this ToU or your use of the Service.

21.3 Assignment. The DEN may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without The DEN prior written consent, and any attempted unauthorized assignment by you shall be null and void.

21.4 Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in 18.1, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

21.5 No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by The DEN of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

21.6 Notices. All notices given by you or required under this ToU shall be in writing and sent to theden@DENmeditation.com .

21.7 Equitable Remedies. You acknowledge and agree that The DEN would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

21.8 Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and The DEN with respect to the Service and supersedes any and all prior agreements between you and The DEN relating to the Service.

THE DEN CO., PRIVACY POLICY

Last Modified, June of 2022

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Our Privacy Commitment

The DEN Meditation, LLC, its parent, subsidiaries and affiliates (collectively, “The DEN,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of The Den’s website (the “Site”) and application where this Privacy Policy is posted (the “App”) and the software, features, products and other services made available by The DEN (collectively with the App and the Site, the “Service”). As such, we have established and implemented this Privacy Policy to inform visitors to the App and the Site and users of the Service how we use and protect the information we collect through the Service. By accessing the App and the Site or using any of the Service, you consent to The DEN’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other website that you may be able to access from the Service which may have its own data collection and use practices and policies.

This policy answers the following questions:

What information do we collect about you and how do we use it?
Will we share your personal information with third parties?
What choices do you have about the collection and use of your personal information?
What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access the Service generally. However, you may be required to submit personal information to access certain aspects of the Service, including those which allow you to create an account. We may also collect non-personal information such as your mobile device operating system, IP addresses, browser type, and when and from what location you access the Service. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Service. We also may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.

We collect personal information which includes, without limitation, your gender, age, birthdate, address and phone number when you create an account through the Service or MINDBODY Application, participate in registration forms, intake questionnaire forms, feedback forms, make a purchase through the Service, receive customer or technical support or participate in surveys offered through or in connection with the Service.

To create an account for the Service, we require you to provide certain information, including your name, email address, and emergency contact information. You may also provide information beyond what is required to create an account, including your gender, age, mailing address, phone number and location. To make purchases through the Service, you will be required to provide a credit card number, debit card number, billing address, phone number or other payment information. We keep track of your purchases and can identify what content you stream (watch). No information of this type will be collected unless you have registered for aspects of the Service that require it.

By submitting personal information through the Service, you authorize The DEN to share this personal information for the purposes identified herein, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.

We also offer features of the Service that allow you to link your account to various social networks (“Social Networks”) and may collect personal information you authorize to these Social Networks, which include, without limitation, your profile picture, your hobbies and interests, your gender and your birthdate. By submitting personal information through the Service, you authorize The DEN to receive and share this personal information for the purposes identified herein and on the Site and the Service, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.

Third Party Privacy Policies

Through the Service, you may be able to link to technology, software and services owned and controlled by third parties (“Third-Party Features”). You may be permitted or required to submit personal information to access Third-Party Features. Such use of Third-Party Features and submission of information through Third-Party Features will be subject to such applicable third party’s terms of use, terms of service and privacy policy. You agree to look solely to the applicable third party and not to The DEN to enforce your rights in relation thereto. When you have clicked on a third-party logo or URL displayed on the Site, or accessible through the Service, which links you to any Third-Party Features, our Privacy Policy and Terms of Use no longer applies and you must read the terms of use, terms of service and privacy policy of the third party to see how your personal information will be handled on their website.

How We Use Your Personal Information

The personal information you provide to us will allow us to communicate with you and provide the Service to you, depending on the aspects of the Service for which you register. This includes handling your customer service questions or issues; alerting you of new products, services, features, or enhancements to the Service; verifying your identity; requesting feedback; and processing orders, and notifying you of promotions, updates or special offers that we think may interest you. We may also use your email address as part of the Service to send you messages about the Service as well as other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Service. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our servers and perform technology and related services.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.

Do Not Track

In compliance with California legislation, AB370, effective January 1, 2014, The DEN’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: We do honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, The DEN may collect user information about your online activities over time and across different websites and may authorize third parties to do so.

Third Party Analytics

The DEN uses third parties to help us learn about who visits the Site and what pages are being viewed.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you. Cookies may also be used to keep track of your login name and password. While The DEN may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to The DEN through the Site or otherwise. You may still access the Service if you set your browser not to accept cookies.

Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service. We do not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as The DEN. The DEN expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third-party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.

Log Information

Our servers automatically record information that your browser or mobile device sends whenever you visit the Site or use the Service. This information includes, among other things, your Internet Protocol address, your browser type and version, the search engine you used to find the Service, if any, which aspects of the Service you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Children’s Privacy

We do not knowingly collect personal information from children under 13 or allow them to create an account for the Service. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by The DEN, please contact us immediately by sending an email to theden@denmeditation.com so that we may take appropriate steps to remove such information from our database.

Will we share your personal information with third parties?

Sharing Your Information

We use your personal information to provide the Service to you, deliver products and services you request, complete transactions, handle your customer service questions or issues and send communications to you about promotions, updates, or special offers from The DEN that may be of interest to you. The personal information uploaded by you through the Service will be shared only with authorized persons to whom you specifically grant access. We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. To the extent applicable, we require these parties to comply with this Privacy Policy and appropriate confidentiality and security measures. We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:

Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.
Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of The DEN’s assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
Protection of Rights. We will share personal information with appropriate third parties if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of The DEN, its employees, users of the Service or others.

Before we use your personal information for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out and/or ask you to provide your consent to allow us to use your personal information for that new purpose.

Additional Information You Should Know About Third Parties

The Service may contain direct links to websites operated by our partners and other entities. These third party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites linked to the Site or accessible through the Service. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

What Choices Do You Have About The Collection And Use Of Your Personal Information?

California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct marketing purposes.

Please be advised that The DEN does not share personal information that has been collected online with third parties for direct marketing purposes. However, if you are a California resident and you provided personal information to The Site or the App in the past, and/or if you do so in the future, you are entitled to submit a request in writing to The DEN for a description of the information we may have provided to third parties. To submit your written request, please use our contact form at http://denmeditation.com/den-meditation-los-angeles-ca-contact/ and let us know that you are making a California Privacy Request.

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year. Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Service by accessing the account interface provided through the Service. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention.

Opting Out of Receiving Communications From Us

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by selecting the “unsubscribe” link at the bottom of our emails, or contacting us at theden@denmeditation.com. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and The DEN will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What Security Measures Do We Take To Safeguard Your Personal Information?

The personal information that you provide to us is stored on servers which are protected by protocols and procedures designed to ensure the security of such information. We restrict access to personal information to The DEN employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. We will store your personal information for so long as it is necessary to provide you with the Service and will periodically destroy any old personal information that we hold in relation to you in accordance with our company policies, including when it is no longer necessary in order to offer you the same high-quality service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes. Following the termination of our relationship we will ensure that we destroy all of the personal information that we hold in relation to you within a reasonable period of time or when required by law. All The DEN personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems. Additionally, we do not retain private data such as your credit card number after the transaction for which such information is provided has been processed.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the Site.

Questions? Contact Us

You may correct your personal information by contacting us by email at theden@denmeditation.com. In our continuing effort to protect the privacy interests of our users, we also invite your comments and questions about our Privacy Policy and your experience with the Service.

Terms of Use

Please read the Terms of Use governing the use of the Site and the Service.

DEN TERMS & PRIVACY

THE DEN CO., TERMS OF USE

THE DEN CO., PRIVACY POLICY

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