All website users must be at least 18 years old or of necessary age in their country of residence.
1. How We Collect and Use Data
Information for our Services. We ask for certain information about you when inquiring about our Services, including: name, address, and contact information. Once you begin using our Services, we will keep records of activities related to the Service. We use this information to operate, maintain, and enhance the features and functionality of the Services, to analyze our Service offerings and functionality, and to communicate with you.
Information Collected Through Technology. We automatically collect certain types of usage information when visitors view our website or use our Website. We may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and helps to log you in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Website (e.g., the pages you view, the links you click and other actions you take on the Website), and allow us to track your usage of the Website over time.
We may collect log file information from your browser or mobile device each time you access the Website. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, number of clicks and how you interact with links on the Website, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users.
We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Website. We do not allow third party advertising networks to collect information about the users of our Website. We use or may use the data collected through cookies, log files, device identifiers, and clear gifs information to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) provide and monitor the effectiveness of our Website; (d) monitor aggregate metrics such as total number of visitors, traffic, and usage on our Website; (e) diagnose or fix technology problems; and (f) help users efficiently access information after signing in.
2. How We Comply with Privacy Laws
We may also collect your Personally Identifiable Information (PII) (specifically, your name, phone number, and e-mail). In the scenario in which a minor may enter PII, we ask parents to help us protect the privacy of minors under the age of 18 by instructing them to never provide PII without getting parental/guardian permission first. Please note that we consider minor’s data, metadata, and user content as PII.
[Read this if you reside in the European Union]
Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. Learn more about the Privacy Shield here: https://www.privacyshield.gov/welcome.
3. Sharing Data
[We don’t share any data unless required to by law or as a part of our internal business processes.]
Mindful Counsel does not share user data with third-parties, nor do we rent or sell any data or information for marketing purposes or to any third-party advertising networks.
Mindful Counsel only shares user data in two limited circumstances. First, we may share user data with those who provide us technology for our Website (e.g. web hosting and analytics) but strictly for the purpose of carrying out their work for us to enable us to provide the Website to you. Second, we may be required to share information with law enforcement or other third parties when compelled to do so by court order or other legal process, to comply with statutes or regulations, to enforce our Terms of Conditions, or if we believe in good faith that the disclosure is necessary to protect the rights, property or personal safety of our users.
4. How We Store and Protect Data
Any information collected through our Website is stored and processed in the United States.
Mindful Counsel maintains strict administrative, technical, and physical procedures to protect data stored in our servers, all of which are located in the U.S. Access to information is limited (through user/password protection and two factor authentication) to those employees who require it to perform their jobs. Also, we use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Our other security safeguards include but are not limited to: data encryption, firewalls, and physical access controls to buildings and files.
We will ensure that all data associated with your account that is in our possession is destroyed or transferred to you when the data is no longer needed for its specified purpose, at your request.
You may volunteer certain information to us that can be used for email and marketing purposes including, but not limited to, your name and email. You can unsubscribe from any future communications via email. However, we reserve the right to keep a database of past email subscribers. We reserve the right to use this information as reasonably necessary for our business and as provided by law.
6. Children’s Privacy
Mindful Counsel does not knowingly collect any information from minors under the age of 18. Please contact us if you believe we have inadvertently collected personal information of a child under 18 so that we may delete such data as soon as possible.
7. California Privacy Rights
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to get from us, once per year and free of charge, information about what information we disclose to third-party marketers, and the names and addresses of each third-party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If You are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
8. How to Contact Us
All website users must be at least 18 years old or of necessary age in their country of residence.
You agree to comply with all US Federal CAN-SPAM Acts. We have a zero-tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your ability to use the website.
SECTION 1. INTRODUCTION
Thanks for visiting Mindful Counsel, PLLC (“Mindful Counsel”). We’re excited you’re here, but we have some rules you need to adhere to before you use our website. These terms and conditions (“Conditions”) apply to the entire contents under the domain www.themindfulcounsel.com (“Website”). Using this Website indicates that you accept these terms. This Website and all of its content, including but not limited to, all text and images, are owned and copyrighted by Mindful Counsel (“We”, “Us”, “Mindful Counsel”). We are located at 14362 North Frank Lloyd Wright Blvd., Scottsdale, Arizona,, United States. If you have any questions, comments, or concerns, regarding these Website Terms and Conditions, please contact us at firstname.lastname@example.org or (480) 422-6246.
SECTION 2. MODIFICATION
Mindful Counsel may update or modify these Conditions at any time. When we modify these Conditions, we will incorporate the modifications into this document and will update the “Effective Date” at the top. Modifications to the Conditions will automatically be effective after they are initially posted. Please check this page periodically for changes. Your continued use of this Website following the posting of changes to the Conditions constitutes acceptance of those changes.
SECTION 3. LICENSE AND CONDITIONS
We grant you a limited license to access and make use of our Website. As a condition of such license, you agree:
a. not to download any part of the Website, except where we encourage you to.
b. not to modify any part of the Website
c. not to resell or make any commercial use of this Website or its contents
d. not to misuse the Website, including conduct such as hacking, using robots, using spiders, automating the submission of data, and the use of data mining or similar data gathering tools.
Certain areas of our Website may invite you to upload, post, e-mail, or otherwise transmit content (“User Content”). When you do so, you are:
a. responsible for the User Content you submit
b. responsible for ensuring the User Content is accurate and up-to-date
Mindful Counsel does not pre-screen the User Content submitted to this Website, and therefore is not responsible for policing, monitoring, or editing such User Content. We have the right, but not the obligation, to monitor User Content and use of this Website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Conditions and other applicable policies.
SECTION 4. INTELLECTUAL PROPERTY
Mindful Counsel owns the copyright, trademark, and the intellectual property rights in all materials on this Website (including without limitation text, photographs, and graphics).
SECTION 5. LIABILITY
Mindful Counsel and our principals, agents, employees exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
SECTION 8. GENERAL LEGAL TERMS
Indemnity. You agree to defend, indemnify and hold harmless Mindful Counsel and its principals, agents, employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Conditions, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any applicable law, rule or regulation, including but not limited to any content or information that is submitted to the Website.
Warranty Disclaimer. The Website is provided “as is” and Mindful Counsel makes no warranties of any kind, whether express, implied, statutory or otherwise, and Mindful Counsel specifically disclaims all implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement or warranties that may arise by operation of law.
Choice of Law. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona for the resolution of any disputes or conflicts arising out of or related to this Agreement.
Relationship. These Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Mindful Counsel.
Assignment. Neither the Conditions nor any right or duty under the Conditions may be transferred, assigned or delegated by you by operation of law or otherwise, without the prior written consent of Mindful Counsel.
Waiver, Severability. Failure of Mindful Counsel to enforce a right under the Conditions shall not act as a waiver of that right or the ability to later assert that right relative to the particular claim involved, nor shall any course of conduct between Mindful Counsel and you or any other party be deemed to modify any provision of the Conditions. If any provision of the Conditions shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the Conditions.
Entire Agreement. The Conditions constitute the entire agreement between Mindful Counsel and you and govern your use of the Website, superseding any prior agreements between you and Mindful Counsel with respect to the Website. You may be subject to additional terms and conditions that will apply when you use or purchase Mindful Counsel services and products.
All rights not expressly granted in this Agreement are reserved by us.
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