Terms of Service
Thanks for using the Center for Mindfulness ("CFM")’s cfmHOME website! All content, services and products available at or through the website (specifically, but not limited to, Forum Software, Support Forums and the hosting service) are referred to, severally and collectively, as the "Service". Please read these terms carefully. By checking the box beside the statement "I agree to the terms of service", you are agreeing to the terms listed on this page. If you qualify for and participate in a hosting and/or support service account, you are also agreeing to abide by all terms and conditions that are specific to those accounts as added and/or modified terms.
These terms may be added to and/or modified at any time after you have checked that you agree, so look at them regularly. If you do not agree to any modified terms, discontinue your use of the Service. Continued use of the Service after terms have been modified authorizes your acceptance.
Use of cfmHOME Services
Don’t misuse our Services. For example, you may not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including, without limitation, any local laws and/or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside. We may suspend or stop providing our Services to you without notice if you do not comply with our terms and policies or if we are investigating suspected misconduct.
You (and others) outside of CFM may post content on this website. Accordingly, our Services display some content that is not CFM’s. This content is the sole responsibility of the entity that makes it available and CFM has no liability in relation thereto. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
Specifically, but not by way of limitation, if you post material to the website, post links on the website, or otherwise make or allow any third party to make material available by means of the website, whether via text, graphics, audio file or computer software (severally and collectively, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights of any third party, including but not limited to copyright, patent, trademark and/or trade secret rights;
if another party has rights to intellectual property you create or post, you have received permission to post or make the Content available through our Services;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to the website any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
the Content is not named in a manner that misleads readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by cfmHOME or not.
To protect your personal cfmHOME account, keep your password confidential. If you learn of any unauthorized use of your cfmHOME account, you must contact us immediately at firstname.lastname@example.org.
You are responsible for the activity that happens on or through your cfmHOME account and are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Modifying and/or Terminating our Services
You can stop using our Services at any time, although we’ll be sorry to see you go, and CFM may stop providing Services to you, add or create new limits to our Services and/or add or remove functionalities or features at any time without notice.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure or alter any legal notices displayed in or along with our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
CFM does not discriminate on the basis of race, color, creed, national origin, sex, sexual orientation, religion, age, disability or other legally protected status in admission to, access to, or operations of its programs, services or activities, nor does it tolerate harassment of any kind for any reason. Respect for the dignity of others shall be the guiding principle for our relations with each other. Please review the Community Guidelines
, which are incorporated herein by reference.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL AND/OR MODIFIED TERMS, NEITHER CFM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES OR THE CONTENT’S LEGALITY, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS". TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, CFM AND CFM’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CFM AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE LAST 12 MONTHS PRIOR TO YOUR MAKING YOUR CLAIM.
To the extent allowed by law, you agree to hold harmless and indemnify CFM and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to your cfmHOME account and/or your use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
These terms control the relationship between you and CFM. They do not create any third party beneficiary rights.
Our website, products and services are all directed to people who are at least 13 years old or older. If this server is in the USA and you are under the age of 13, as per COPPA (Children’s Online Privacy Protection Act), do not use this site.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
If there is a conflict between these terms and any additional and/or modified terms, the additional and/or modified terms will control.
The laws of Massachusetts, U.S.A., excluding Massachusetts’ conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be arbitrated or litigated exclusively in the federal or state courts of Massachusetts, USA, and you consent to personal jurisdiction in those courts.