(Updated Feb 2020)
DeRose Meditation provides subscription service that allows our members to access classes, workshops, programs and articles (“DeRose Meditation content”) streamed over the Internet to certain Internet-connected computers and other devices (“DeRose Meditation ready devices”).
It is our goal to provide you with the best member experience possible, if you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.
Your DeRose Meditation membership will continue month-to-month and automatically renew until terminated. To use the DeRose Meditation service you must have Internet access and a DeRose Meditation ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method (see “Cancellation” below).
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your DeRose Meditation membership by visiting our website and clicking on the “Membership” link, under any of available menus.
2. Free Trials
Your DeRose Meditation membership may start with a free trial. The free trial period of your membership lasts as specified during sign-up and is intended to allow new and certain former members to try the service.
Free trial eligibility is determined by DeRose Meditation at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent DeRose Meditation membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent DeRose Meditation membership to determine eligibility. For combinations with other offers, restrictions may apply.
We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our Client Portal.
It is very important to understand that you will not receive a notice from DeRose Meditation that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that DeRose Meditation will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
3. Billing and Cancellation
The membership fee for the DeRose Meditation service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our Client Portal to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
To use the DeRose Meditation service you must provide one or more Payment Methods. You can update your Payment Methods by going to the Client Portal’s page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
You can cancel your DeRose Meditation membership at any time, and you will continue to have access to the DeRose Meditation service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched DeRose Meditation content. To cancel, go to the Client Portal page and follow the instructions for cancellation, or e-mails us at email@example.com. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for DeRose Meditation using your account with a third party as a Payment Method and wish to cancel your DeRose Meditation membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the DeRose Meditation service through that third party. You may also find billing information about your DeRose Meditation membership by visiting your account with the applicable third party.
Changes to the Price and Subscription Plans
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. DeRose Meditation Service
The DeRose Meditation service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your DeRose Meditation membership, we grant you a limited, non-exclusive, non-transferable right to access the DeRose Meditation service and view DeRose Meditation content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view DeRose Meditation content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
The DeRose Meditation service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of DeRose Meditation content.
Some DeRose Meditation content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
The quality of the display of the DeRose Meditation content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. DeRose Meditation makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching DeRose Meditation content show will vary based on a number of factors, including your location, available bandwidth at the time, the DeRose Meditation content you have selected and the configuration of your DeRose Meditation ready device.
DeRose Meditation software may solely be used for authorized streaming and viewing of content from DeRose Meditation through DeRose Meditation ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the DeRose Meditation and related third-party software. If you do not accept the foregoing terms, do not use our service.
By using our service, you agree to look solely to the entity that manufactured and/or sold you the DeRose Meditation ready device for any issues related to the device and its compatibility with the DeRose Meditation service. We do not take responsibility or otherwise warrant the performance of DeRose Meditation ready devices, including the continued compatibility with our service. If your DeRose Meditation ready device is sold, lost or stolen, please deactivate the DeRose Meditation ready device. If you fail to log out or deactivate your device, subsequent users may access the DeRose Meditation service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Account” page of our website.
5. Passwords and Account Access
The member who created the DeRose Meditation account and whose Payment Method is charged (the “Account Owner”) has access and control over the DeRose Meditation account and the DeRose Meditation ready devices that are used to access our service and is responsible for any activity that occurs through the DeRose Meditation account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the DeRose Meditation ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, DeRose Meditation or our partners from identity theft or other fraudulent activity. DeRose Meditation is not obligated to credit or discount a membership for holds placed on the account by either a representative of DeRose Meditation or by the automated processes of DeRose Meditation.
6. Disclaimers of Warranties and Limitations on Liability
THE DEROSE MEDITATION SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DEROSE MEDITATION SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DEROSE MEDITATION DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DEROSE MEDITATION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DEROSE MEDITATION SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEROSE MEDITATION READY DEVICES, AND DEROSE MEDITATION SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DEROSE MEDITATION, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
DeRose Meditation does not accept unsolicited materials or ideas for DeRose Meditation content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DeRose Meditation. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DeRose Meditation and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
DeRose Meditation is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the DeRose Meditation service, including the DeRose Meditation website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DeRose Meditation service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(*) DeRose Meditation is a registered trademark of Brain and Body Company LLC.