govern your use of the MNDFL Website (the “Website”). The Website is designed
to allow users to make class and class package purchases, register for classes,
buy merchandise, and communicate with Nest Level LLC (d/b/a MNDFL) (“MNDFL”).
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website or communicate with MNDFL via email, you are
communicating electronically. You consent to receive communications from MNDFL
electronically. MNDFL will communicate with you by email or by posting
notifications on the Website. You understand and agree that all agreements,
notices, disclosures, and other communications that MNDFL provides
electronically satisfy any legal requirement that such communications be in
MNDFL does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to MNDFL. Personal information might be obtained from online transactions such as class and class package purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by MNDFL must be voluntarily submitted by the user.
MNDFL may use the information provided to contact you with important
information, required notices, and marketing promotions. You may always choose
to opt-out of any of these notices (other than those required by applicable
law, rule or regulation) by selecting to do so at the bottom of each email you
receive from us or by emailing us directly.
The Website collects some anonymous information about users automatically
when individuals request pages through a browser. This information is used to
keep track of the shopping cart and to help us monitor how individuals use the
Website, which allows MNDFL to provide an optimal experience and better service
throughout the online offerings. The information collected automatically by the
server does not contain anything that can identify individuals personally, such
as an email or home address.
MNDFL makes every effort to ensure that all of the transactions that occur
on the Website are secure. All credit card numbers and transactions are
encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned
about safeguarding the confidentiality of your information. We provide
physical, electronic, and procedural safeguards to protect information we
process and maintain. For example, we limit access to this information to
authorized employees and contractors who need to know that information in order
to operate, develop or improve the Website. Please be aware that, although we
endeavor to provide reasonable security for information we process and
maintain, no security system can prevent all potential security breaches.
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the MNDFL website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication
information about a secure page by double-clicking on the padlock icon in the
status bar. For more information on how your software establishes a secure
connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
browser’s options to notify you whenever a cookie is set, or to disallow
will significantly restrict access to certain types of content or features.
The following are examples of how MNDFL might use the personal information collected through the Website:
You can help MNDFL maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. MNDFL will never share telephone numbers, email addresses, or any personal data with third parties.
MNDFL reserves the right to refuse service, terminate accounts, remove or
edit content, or cancel orders, at its sole discretion.
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. MNDFL does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 12-17) must be completed in person at one of our studios with a parent or guardian.
If MNDFL discovers that personal information has been submitted by a minor
without parent or guardian approval, MNDFL reserves the right to delete such
information. MNDFL does not seek or share personal information from minors
throughout the Website.
In order to make a reservation, you must first own a single class or a package of classes (multiple classes). To buy an individual class or package of classes online, you can either sign up on the Website by using your email and creating a password, or if you are already registered, click login to buy a package and make your reservation.
You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Cash payments may only be made in a MNDFL studio.
Your credit/debit card will be charged for your order when you submit your
reservation. MNDFL 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
MNDFL may incur in its efforts to collect any unpaid balances from you.
In order to cancel a spot reserved in a MNDFL class and return the class to your MNDFL account, you must cancel within 5 hours of such class. If you haven’t cancelled within 5 hours of your class, the class will not be returned to your MNDFL account, you will be charged for the class, and you will not be issued a refund. If you have purchased an unlimited monthly MNDFL membership and you have not cancelled a spot reserved in a MNDFL class within 5 hours of the class, MNDFL reserves the right to charge your credit card on file $10 for each such missed class.
You can cancel your reservation in the following ways:
1) Log into your account and, next to the class you wish to cancel, press "unreserve."
2) Call MNDFL to cancel the class for you.
FOR PARTICIPANTS RUNNING LATE: We ask that you call us to let us know you are on the way. The front desk will hold your spot in the class for up to 5 minutes after class begins. Participants who are more than 5 minutes late may not be admitted into class if it is too disruptive.
FOR PARTICIPANTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell your meditation instructor ahead of time and sit in the back of the studio.
By signing up for and/or attending classes, events, activities, and other
programs and using the premises, facilities and equipment or any other location
or venue where MNDFL is providing services (individually or collectively, the
“Classes” and “Facilities”), you hereby acknowledge on behalf of yourself, your
heirs, personal representatives and/or assigns, that there are certain inherent
risks and dangers in association with the Classes and Facilities. You
acknowledge that some of these risks cannot be eliminated regardless of the
care taken to avoid injuries. At all times, you shall comply with all stated
and customary terms, posted safety signs, rules, and verbal instructions given
to you by the staff. If in the subjective opinion of the MNDFL staff, you
would be at mental or physical risk participating in MNDFL’s Classes, you
understand and agree that you may be denied access to the Classes and
Facilities, until you furnish an opinion letter from a medical doctor, at your
sole cost and expense, specifically addressing MNDFL’s concerns and stating
that MNDFL’s concerns are unfounded. In consideration of being allowed to
participate in and access to the Classes and Facilities, you hereby (1) agree
to assume full responsibility for any and all injuries or damage which are
sustained or aggravated by you in relation to Classes and Facilities, (2)
release, indemnify, and hold harmless MNDFL and its officers, directors,
members, employees, representatives, and agents, and each of their respective
successors and assigns and all others, from any and all responsibility, claims,
actions, suits, procedures, costs, expenses, damages, and liabilities to the
fullest extent allowed by law arising out of or in any way related to
participation in the Classes or use of the Facilities, and (3) represent that
you (a) have no medical or physical condition that would prevent you from
properly using any of MNDFL’s Classes or Facilities, (b) do not have a physical
or mental condition that would put you in any physical or medical danger, and
(c) have not been instructed by a physician to not participate in meditation or
MNDFL has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the MNDFL logo, please understand that it is independent from MNDFL, and that MNDFL has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website is at your own
risk. These links do not imply endorsement of, sponsorship of, or affiliation
The trademarks and trade dress of MNDFL are proprietary to MNDFL and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, MNDFL. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of MNDFL, is strictly prohibited.
You acknowledge that MNDFL and/or third party content providers remain the
owners of all Website materials, and that you do not acquire any of those
ownership rights by downloading, copying, or using any such material in
accordance with these Terms. MNDFL may discontinue or remove the Website, or
any portion thereof, or discontinue your right to use the Website, or any
portion thereof, at any time.
You are not authorized without the prior written permission of MNDFL to use
any computer code, data mining software, "robot," "bot," "spider," "scraper" or
other automatic device, or program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy any of
the web pages, data or content found on this Website or accessed through this
Website. You also may not engage in the mass downloading of files from this
Website; use the computer processing power of this Website for purposes other
than those permitted above; flood this site with electronic traffic designed to
slow or stop its operation; or establish links to or from other websites to
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of MNDFL’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any MNDFL products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, MNDFL’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use MNDFL’s material will automatically terminate and any copies made of MNDFL’s material must be immediately destroyed.
Any unauthorized use of MNDFL’s material may violate state and federal
criminal laws, infringe copyright laws, trademark laws, the laws of privacy or
publicity, and communication regulations and statutes.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE
WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WITH REGARD TO THE
WEBSITE, MNDFL AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY
REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE. MNDFL HEREBY DISCLAIMS ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD
TO BE LEGALLY INVALID. MNDFL AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT
WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
WEBSITE OR ANY MATERIALS ON THE WEBSITE. MNDFL SHALL HAVE NO LIABILITY FOR ANY
VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR THE WEBSITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, MNDFL AND THE THIRD PARTY LICENSOR
AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE AND THE WEBSITE
WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE AND THE WEBSITE
WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS
OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS ON THE
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE
CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS
ON THE WEBSITE ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. MNDFL AND THE
THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR
ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE.
MNDFL AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE.
MNDFL AND ANY THIRD PARTY LICENSEORS AND AGENTS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING,
DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES
SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO
EVENT SHALL MNDFL OR ITS THIRD PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER
ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE MADE AVAILABLE FROM
THE WEBSITE, EVEN IF MNDFL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT MNDFL SHALL NOT BE LIABLE FOR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE
WEBSITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING
THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
You hereby agree to defend, indemnify and hold MNDFL and any third party
licensors and agents harmless from, and you covenant not to sue MNDFL or any
third party licensors and agents for, any claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including, without limitation,
attorneys’ fees) arising from or related to (a) your negligence, error,
omission or willful misconduct, (b) your breach of any terms of these Terms, or
(c) your use of the Website.
The Website and your use hereof is governed by the laws of the State of New
York, without regard to New York’s choice of law provisions. Any claim arising
out of your use of this Website must be brought in New York.
Occasional changes may be made to this document as new services and content
are added to the Website to reflect changes in MNDFL’s policies. These Terms
may be revised at any time by updating this posting. By using the Website, you
agree to be bound by any such revisions. Users of the Website are encouraged to
check this document periodically to stay informed of current privacy
By using the Website, you signify your acceptance of these Terms. If you do
not agree to this, please refrain from using the Website. Your continued use of
the Website following the posting of changes to these Terms will indicate your
acceptance of those changes.