TERMS OF USE

Effective Date: January 25, 2025

1. INTRODUCTION

This Terms of Use Agreement (“Agreement”) governs your access to and use of any and all websites, mobile applications, and online services associated with Dancing Meditation LLC, Zenful Holdings LLC, and any of their affiliates (collectively, “Company,” “we,” “us,” or “our”), including www.dancingmeditation.org and all affiliated domains that link to this Agreement (collectively, the “Sites”).

By accessing or using the Sites, you agree to be bound by all terms and conditions contained in this Agreement and any rules, guidelines, or directions referenced herein. If you do not agree to this Agreement, do not use the Sites.

IMPORTANT: PLEASE READ THE ARBITRATION PROVISION IN SECTION 5, WHICH REQUIRES (EXCEPT WHERE PROHIBITED BY LAW) THAT YOU ARBITRATE ANY CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, WAIVING YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

2. AGE LIMITATION; PARTICIPATION BY MINORS

• Minimum Age to Use the Sites: By using the Sites, you represent that you are at least 13 years old. The Sites are not intended for children under 13, and no one under 13 may register or create an account.
• Minors’ Participation in Dancing Meditation Sessions: While children under 18 (“minors”) may attend or participate in in-person Dancing Meditation sessions, a parent or legal guardian must sign a separate parental waiver on behalf of the minor prior to participation.
• Parental Responsibility: Parents/legal guardians are solely responsible for supervising minors at all times during sessions. By allowing a minor to participate, you acknowledge and agree you are fully responsible for the minor’s actions, well-being, and compliance with our policies.

3. HEALTH & SAFETY DISCLAIMER; ASSUMPTION OF RISK

1. No Medical Advice: Any wellness, mindfulness, or dance-related information provided by Company—through the Sites, promotional materials, or staff guidance—is for general informational purposes only and does not constitute medical or professional advice.
2. Consult a Physician: Dancing Meditation sessions involve physical movement that may not be suitable for everyone. Consult with a qualified healthcare professional before you or any minor engage in Dancing Meditation, especially if you have pre-existing health conditions (e.g., heart issues, high blood pressure, injuries) or concerns about physical activity.
3. Outdoor and Physical Risks: Dancing Meditation sessions are typically conducted outdoors, potentially on uneven or rough terrain near the ocean, using electronic silent-disco equipment. By choosing to participate, you voluntarily assume all inherent risks including, but not limited to, slips, trips, falls, equipment malfunctions, weather or tide changes, and physical exertion or injuries from movement.
4. Liability Waiver: All participants—adults and minors—must sign (or have a guardian sign) the separate Liability Waiver and Equipment Rental Agreement before participating in any Dancing Meditation session.
5. Not a Fitness Guarantee: We do not guarantee any specific fitness results, mental health benefits, or personal outcomes. Your participation is entirely at your own risk.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Sites, to understand our data collection, usage, and privacy practices. Your use of the Sites indicates your consent to the practices described in our Privacy Policy.

5. DISPUTE RESOLUTION & ARBITRATION AGREEMENT

1. Initial Dispute Resolution: Except where prohibited by law, you and Company agree to try in good faith to resolve any controversy, claim, action, or dispute (“Dispute”) arising out of or related to this Agreement or your use of the Sites by providing written notice to the other and granting 45 days to respond or settle.
2. Binding Arbitration: If the Dispute is not resolved by the above process, you agree that any unresolved Dispute will be decided exclusively by final and binding arbitration, to be administered by a neutral arbitration firm of Company’s choosing, under its applicable rules. You waive the right to a trial by jury in such a Dispute.
3. Class Action Waiver: All claims must be brought on an individual basis. You agree no Dispute shall proceed as a class, consolidated, or representative action.
4. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Hawaii, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration provisions.

6. OWNERSHIP OF INTELLECTUAL PROPERTY

1. Trademarks: “Dancing Meditation,” “Dancing Meditation Institute,” and other names or logos on the Sites are trademarks or registered trademarks of Company or its affiliates. Nothing on the Sites grants you any license or right to use these trademarks.
2. Copyright: All text, images, photographs, videos, music, user interface, and other content on the Sites are protected by U.S. and international copyright laws. You may not copy, reproduce, distribute, publicly display, or create derivative works from any content on the Sites without Company’s express written permission.
3. Usage Permission: For requests to use any Company trademarks or copyrighted material, please contact us via email for written permission.

7. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that any material on the Sites infringes your copyright, please send us a written notice via email containing:

1. Identification of the copyrighted work claimed to be infringed.
2. Identification of the material that is allegedly infringing.
3. Your contact information (name, address, phone number, email).
4. A statement that you have a good faith belief that the use is not authorized.
5. A statement of accuracy and authority under penalty of perjury.
6. An electronic or physical signature of the copyright owner or authorized agent.

8. REGISTRATION & ACCOUNT RESPONSIBILITIES

• Account Creation: You do not need to register to browse the Sites, but certain features (e.g., booking processes, posting reviews) may require account creation.
• Accurate Information: If you create an account, you must provide accurate, current, and complete information. You are responsible for keeping your login credentials confidential.
• Termination: We reserve the right to refuse registration or suspend/terminate your account at any time, without notice, for any reason.

9. E-COMMERCE: ORDERS & RETURNS

• All Sales Final: Unless otherwise specified, all merchandise sales are final (see Section 10 for the full statement). No returns, refunds, or exchanges are permitted.
• Product Descriptions: We strive to be accurate but do not warrant that product descriptions or other content on the Sites are error-free.

10. COMMENTS & USER CONTENT

1. License to Use Comments: If you post or submit any comments, reviews, or other content (“Comments”), you grant Company a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media.
2. No Obligation: Company is under no obligation to maintain any Comments in confidence, pay compensation, or respond.
3. Removal: We reserve the right to remove or edit Comments at our sole discretion for any reason, including violation of this Agreement.

11. SITE ACCESS & PROHIBITED CONDUCT

1. Limited License: Company grants you a limited, revocable, non-exclusive license to access and make personal use of the Sites.
2. Prohibited Conduct: You may not:
   • Use the Sites for unlawful purposes.
   • Access or tamper with non-public areas of the Sites or Company’s systems.
   • Upload viruses or malicious code.
   • Engage in automated data mining (e.g., scraping) without permission.
   • Infringe any intellectual property or privacy rights.
   • Interfere with the Sites’ security or functionality.

12. THIRD-PARTY & CO-BRANDED WEBSITES

• Links & Disclaimers: The Sites may link to third-party or co-branded websites for convenience. Company does not endorse or assume responsibility for any third-party content, products, or services.
• No Liability: Company is not liable for any damages arising from your interactions with any third-party site.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your breach of this Agreement;
2. Your misuse of the Sites or Content;
3. Your violation of any law, rule, or regulation;
4. Your negligence or willful misconduct;
5. Any claims brought by minors under your care who participate in Dancing Meditation.

14. FORCE MAJEURE

Company is not liable for failure to perform under this Agreement if such failure is caused by events beyond its reasonable control, including weather events, natural disasters, public emergencies, or acts of government authorities (“Force Majeure Events”).

15. TERMINATION OR RESTRICTION

We may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, and with or without notice. All provisions of this Agreement that should survive termination (e.g., disclaimers, indemnity, arbitration) shall remain in effect.

16. US-ONLY USE; NO INTERNATIONAL AVAILABILITY

The Sites and services are intended for users in the United States. We make no representation that the Sites or related content are appropriate or available outside the U.S. If you choose to access from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

17. DISCLAIMER OF WARRANTIES; NO MEDICAL ADVICE

1. AS IS / AS AVAILABLE: The Sites and any content (including wellness tips, dance prompts, or session information) are provided “as is” and “as available”, without warranties of any kind, either express or implied.
2. No Medical Advice: Any dance or fitness-related content is for general informational purposes only and not a substitute for professional medical advice. You alone are responsible for evaluating whether any activity is suitable for your condition.
3. Use at Your Own Risk: Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES, PARTICIPATION IN ANY DANCING MEDITATION SESSIONS, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow limitations on implied warranties or the exclusion of certain damages, so some or all of the above disclaimers may not apply to you.

19. MISCELLANEOUS LEGAL PROVISIONS

1. Changes to this Agreement: We reserve the right to modify this Agreement at any time. If we make material changes, we will post a notice on the Sites (and/or email registered users) prior to such changes becoming effective. Your continued use after changes are posted indicates your acceptance of the revised Agreement.
2. No Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
3. Severability: If any part of this Agreement is found invalid or unenforceable, the remaining parts shall remain in full force and effect.
4. Assignment: Company may assign or transfer its rights and obligations under this Agreement without restriction. You may not assign any of your rights without Company’s prior written consent.
5. Entire Agreement: This Agreement (including any referenced policies) constitutes the entire agreement between you and Company regarding the Sites and services provided.

20. CONTACT US

If you have any questions about these Terms of Use, the Sites, or wish to request permission to use any content, please contact us via email HERE.

21. ADDITIONAL RELEASE, WAIVER & ASSUMPTION OF RISK FOR IN-PERSON ACTIVITIES

• Acknowledgment of Physical Risks

1. 1. • By registering for or participating in any in-person Dancing Meditation sessions (“Sessions”), you understand and agree that these Sessions involve physical movement, dancing on potentially uneven or outdoor terrain near the ocean, and the use of silent-disco headphones or similar equipment. You acknowledge the inherent risks of injury, property damage, or other harm associated with such activities.

• Voluntary Participation

1. 1. • You affirm that you are voluntarily participating in Dancing Meditation Sessions, with full knowledge and acceptance of the risks involved. If you share headphones or other equipment with family or friends, you remain solely responsible for the conduct and safety of those individuals.

• Assumption of Risk

1. 1. • To the maximum extent permitted by law, you knowingly and freely assume all risks—both known and unknown, foreseeable or unforeseeable—arising from or related to your participation in the Sessions, including any bodily injury, illness, death, or property damage.

• Release of Liability

1. 1. • You hereby release, waive, discharge, and covenant not to sue the Company, its owners, directors, employees, agents, contractors, affiliates, successors, or assigns (“Released Parties”) from any and all liability, claims, demands, actions, or causes of action related to any loss, damage, or injury (including death) that may be sustained by you or any third party resulting from your participation in the Sessions.
      • This release applies to claims of ordinary negligence, gross negligence (where allowed), or any other legal theory, except where liability cannot be waived by law.

• Indemnification

1. 1. • In addition to Section 13 above, you agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, damages, liabilities, or expenses (including attorneys’ fees) arising out of or related to your participation in Dancing Meditation Sessions, including any conduct by minors or other individuals to whom you provide our equipment.

• No Guarantee of Results or Safety

• Company does not make any representation or warranty regarding the outcome, safety, or effectiveness of its Sessions. You are responsible for determining whether your health and physical condition are suitable for engaging in physical activities in an outdoor environment.

1. Separate Waiver
   • You acknowledge that Company requires you to sign a separate Liability Waiver and Equipment Rental Agreement prior to participating in any Dancing Meditation Session, and that failure to sign such a waiver will result in denial of participation. By using our Sites and/or attending a Session without signing the separate waiver, you are still bound by the disclaimers and releases contained in this Agreement.
2. Survival of Terms
   • The terms of this Section 21 shall survive indefinitely, including after any termination of your account, cessation of use of the Sites, or participation in the Sessions.

BY USING OUR SITES OR PARTICIPATING IN DANCING MEDITATION SESSIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL THE ABOVE TERMS AND CONDITIONS.