Terms of Service
Last Updated: December 22, 2022
This is a legally binding agreement between you (“you” or “user”) and Waking Up, LLC (“Waking Up”, “we”, or “us”). Waking Up offers a subscription-based service that allows users to access meditation-related content provided over the Internet. These terms of service govern your access and use of our owned and operated website, currently available at www.wakingup.com, the Waking Up mobile application or “app”, and all associated features, applications, widgets, and their respective contents branded as Waking Up, including without limitation, any new features and applications (collectively, the “Waking Up Services”).
We may, in our sole discretion, modify these terms of service with or without notice to you. The “Last Updated” date at the top of these terms will indicate when the latest modifications were made. By continuing to access and use the Waking Up Services after these terms of service have been modified, you are agreeing to such modifications. Therefore, you should 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.
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 smartphone 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 may 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 your Waking Up subscription at any time through the settings in your account. Following cancellation, you will continue to have access to the Waking Up Services through the end of your subscription period. If you are dissatisfied with the Services or are experiencing financial hardship, you may also request a refund, either through the third-party app store you used to purchase the Waking Up app or by emailing us directly at email@example.com. If you are issued a refund, you may lose access to the Services immediately.
Communication Preferences. With your subscription, you consent to receive communications by email or text. You may stop receiving our promotional communications by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to firstname.lastname@example.org. You agree that these terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. CONTENT AND LICENSING
All materials on the Waking Up Services, including the Services’ design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Waking Up or its licensors and are protected by intellectual property laws. Subject to your compliance with these terms of service, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services solely for your personal, non-commercial use only. You will not obtain any ownership interest in the Materials or the Waking Up Services through these Terms or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Waking Up Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Waking Up or the respective copyright owner. Waking Up authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks”) contained or described on the Waking Up Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of Waking Up and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of Waking Up and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Waking Up and may not be copied, imitated or used in whole or in part, without our prior written authorization.
None of the Materials may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of Waking Up or its licensors.
You must not hack the Waking Up Services or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Waking Up Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Waking up Services. We reserve the right to bar any such activity.
You may link to any of our Services from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective Waking Up Services when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests Waking Up, the Services, or individuals featured in the Waking Up Services, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) you do not use the Waking Up Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.
If you violate any terms of these services, we may terminate or suspend you from using the Waking Up Services at any time. Waking Up will enforce its intellectual property rights to the fullest extent of the law.
From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Waking Up shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.
We respect the intellectual property rights of others. If you believe your intellectual property is being violated by the Waking Up Services, please submit a complaint and request for takedown of specific material to email@example.com. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Waking Up Services and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) 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.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
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, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WAKING UP SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAKING UP AND ITS AFFILIATED PARTIES ON OR THROUGH THE WAKING UP SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
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. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WAKING UP SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF WAKING UP AND ITS AFFILIATED PARTIES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM WAKING UP ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID WAKING UP ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.
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 to the interests of another user or Waking Up and its Affiliated Parties. 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 (or any part thereof), with or without notice. Except as otherwise expressly stated in these terms of service, you agree that Waking Up and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Waking Up Services.
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 use of the Waking Up Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Waking Up Services.
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 firstname.lastname@example.org 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 sixty (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. MOBILE SERVICES
The following applies to users of the Waking Up mobile application (“the App”). The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Waking Up, your mobile carrier or third-party service provider. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.
We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
The following applies if you obtain the App from Apple, Inc.’s (“Apple”) App Store. You acknowledge and agree that these terms of service are solely between you and Waking Up, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Store Terms of Service or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these terms of service and any law applicable to Waking Up as the provider of the App.
You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Waking Up, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these terms of service.
You 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.
You and Waking Up acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these terms of service and that, upon your acceptance of these terms of service, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of service against you as a third-party beneficiary thereof.
Google Play App
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.
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.
11. CONTACT INFORMATION
If you have any comments, questions, or concerns regarding this Agreement or the Waking Up Services, please contact us at email@example.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