Online Order Agreement

Last Modified: April 8, 2024
Effective Date: April 8, 2024

1.0 Overview.

1.1.  Introduction.  The Meg Reynolds Website located at https://megreynolds.com/ (together with any subdomains of megreynolds.com, this “Site” or the “Meg Reynolds Website”) is provided by Blue Ridge Meditation LLC, a Virginia limited liability company (referred to in this Order Agreement as “Blue Ridge Meditation”, “we”, “us”, or “our”). The use of this Site is governed by this Meg Reynolds Online Order Agreement (this “Order Agreement”) between each visitor to this Site (referred to in this Order Agreement as “you” or “your”) and Blue Ridge Meditation. You agree to read this Order Agreement carefully.

1.2.  Scope of Contract.  You acknowledge that this Order Agreement is a legally binding contract between you and Blue Ridge Meditation, even though it is not physically signed, and you acknowledge that this Order Agreement applies to all Orders you place through the Meg Reynolds Website. This Order Agreement does not apply to any goods or services that we provide to you pursuant to a separate written contract signed by Blue Ridge Meditation. In this Order Agreement, you and Blue Ridge Meditation are sometimes referred to individually as a “party” and collectively as the “parties”, and “User” (and “user”) refers to a person who accesses or uses the Meg Reynolds Website.

2.0 Privacy Policy.

Our Privacy Policy, located at https://megreynolds.com/privacy-policy (the “Privacy Policy”), explains how we collect and use your information. You acknowledge and agree that the provisions of our Privacy Policy are made a part of this Order Agreement.

3.0 Modifications.

As our business grows and develops, we may modify this Order Agreement and our Privacy Policy from time to time. When we modify this Order Agreement or our Privacy Policy, we will give you notice by posting the amended Order Agreement or Privacy Policy on the Meg Reynolds Website. The amended Order Agreement and Privacy Policy will include an effective date, and they will be effective on that date. However, any changes to the governing law or dispute resolution provisions set forth in Sections 11 and 12 will not apply to any disputes for which Blue Ridge Meditation and you have received actual notice on before such Effective Date. If you continue to access or use this Site after the Order Agreement or our Privacy Policy is amended, you agree to be bound by the revised Order Agreement and Privacy Policy. If you do not agree with the updated Order Agreement and Privacy Policy, you agree that you will promptly (1) discontinue your use of the Meg Reynolds Website, and (2) contact us at meg@megreynolds.com to request that your Meg Reynolds Account be closed. If you choose to place any Orders through this Site, you agree that you will review this Order Agreement and our Privacy Policy before placing each Order and that by placing an Order you will be agreeing to the Order Agreement and Privacy Policy in effect on that date.

2.0 Definitions.

As used in this Order Agreement:

4.1.  “Affiliate” (collectively, “Affiliates”) means, with respect to a person, any other person directly or indirectly controlling, controlled by or under common control with the subject person.

4.2.  “Blue Ridge Meditation Parties” (each, a “Blue Ridge Meditation Party”) means Meg Reynolds, Blue Ridge Meditation and its Affiliates, and the officers, directors, shareholders, members, managers, employees, attorneys, and agents of any of the foregoing.

4.3.  “Intellectual Property Rights” means all worldwide intellectual property rights, including without limitation, all worldwide trademark, patent, copyright and trade secrets rights.

4.4.  “Order” (collectively, “Orders”) means an order placed via the Meg Reynolds Website by you or through your Meg Reynolds Account for Products provided or performed by Blue Ridge Meditation.

4.5.  “Order Confirmation” (collectively, “Order Confirmations”) means the order confirmation or receipt displayed or sent to you for an Order.

4.6.  “Ordered Products” (each, an “Ordered Product”) means the Products included in an Order.

4.7.  “Order Total” means, with respect to an Order, the amount you are required to pay for such Order, as displayed through the Meg Reynolds Website during the Order checkout process.

4.8.  “Payment Information” means credit card numbers, debit card numbers, CVV/CVC codes, expiration dates, and PIN numbers.

4.9.  “Person” (or “person”) means any individual, corporation, company, partnership, trust, unincorporated organization, joint venture, court or government or political subdivision or agency thereof, any other business entity or legal entity, and any legal person.

4.10.  “Products” (each, a “Product”) means goods and services, such as instructional courses and coaching sessions, provided or performed by us.

4.11.  “Your Information” means your Account Information, any information you provide to us in connection with placing an Order, and all content (including comments, reviews, text, photos, graphics, audio, video, and other materials) you upload, post, send, submit, transmit, or otherwise transfer (a) to us or (b) to or through the Meg Reynolds Website.

5.0 Your Meg Reynolds Account and Your Information.

5.1.  Registration.  We may give you the option to register with us on the Meg Reynolds Website and create an account (a “Meg Reynolds Account”), and our registration process may require you to complete a signup form and provide your e-mail address and select a password (your “Login Credentials”). We may permit or require you to provide additional information in order to use certain features of the Meg Reynolds Website or place Orders. As used in this Order Agreement, “Account Information” means all information associated with your Meg Reynolds Account. You agree to update your Account Information, as necessary, to ensure that it remains current, accurate, and complete. You authorize us to verify your Account Information at any time. If any of your Account Information is untrue, inaccurate, incomplete, or not current, we retain the right, in our sole discretion, to suspend or terminate your Meg Reynolds Account and your access to the Meg Reynolds Website.

5.2.  Your Responsibilities.  If you create a Meg Reynolds Account, you are responsible for maintaining the confidentiality of the login credentials used to access your Meg Reynolds Account. You acknowledge and agree that you are responsible for any activities that occur through your Meg Reynolds Account (including paying for all Orders placed through your Meg Reynolds Account), whether or not authorized by you. You agree to immediately notify us of any security breach associated with your Login Credentials or your Meg Reynolds Account and of any unauthorized use of your Meg Reynolds Account. We will not be liable for your losses caused by any unauthorized use of your Meg Reynolds Account, and you acknowledge and agree that you may be liable for the losses of the Blue Ridge Meditation Parties or others due to such unauthorized use.

5.3.  Your Information.  We value and respect your privacy, and we will only use Your Information as permitted by this Order Agreement and the Privacy Policy. You retain any ownership rights you have in Your Information, and nothing in this Order Agreement limits your right to use Your Information outside of the Meg Reynolds Website. In order for us to operate our business and provide the Meg Reynolds Website to you and fulfill your Orders, you grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable, perpetual, and irrevocable license to use, copy, create derivative works of, publish, publicly display, distribute, communicate, and transmit Your Information in any and all media or distribution methods (now known or later developed). You represent and warrant to the Blue Ridge Meditation Parties: (a) that you have the right (and have obtained any and all necessary permissions, consents, and authorizations) to grant us the foregoing license and to grant all other rights and licenses granted in this Order Agreement, and (b) that the use of Your Information and the exercise of the foregoing license by the Blue Ridge Meditation Parties (and their assignees or sublicensees) will not infringe the Intellectual Property Rights or other rights of any person. You understand and agree that we may transfer, process, maintain, and store Your Information in any country (or in multiple countries), including countries other than your country of residence or the country or countries where you use the Meg Reynolds Website. You acknowledge and agree that we may use third party service providers to host the Meg Reynolds Website or Your Information, to process your payments, and fulfill and ship your Orders.

5.4.  Permission to Use the Meg Reynolds Website.  Subject to your compliance with this Order Agreement, we grant you permission to access and use the Meg Reynolds Website. The permission for you to use the Meg Reynolds Website is further conditioned on the following: (a) you will not permit any person to access or use the Meg Reynolds Website through your Meg Reynolds Account; (b) you will not attempt to reverse engineer, alter, or modify any part of the Meg Reynolds Website; and (c) you will comply with all of the provisions of this Order Agreement. If you violate this Order Agreement, your permission to use the Meg Reynolds Website will automatically terminate, and you will not be entitled to any refund of payments made to us. Your permission to access and use the Meg Reynolds Website is personal, non-exclusive, non-assignable, non-sublicensable, and may be limited or revoked by us at any time. We reserve the right, in our sole discretion, to refuse service, to suspend or terminate your Meg Reynolds Account.

5.5.  Contacting You.  If you request information from us, sign up for our newsletter, or place an Order, you agree that we may (a) send you information and marketing materials via e-mail, such as information about your Orders and about our products, promotions, contests, drawings, sales, and other information, and (b) send you our periodic e-mail newsletters. You may opt-out of receiving our newsletters and other marketing e-mails by clicking the link provided at the bottom of each such e-mail.

6.0 Orders.

6.1.  Product Descriptions and Pricing.  We attempt to provide descriptions for our Products that are as accurate as possible. However, we do not warrant that such descriptions or other content on the Meg Reynolds Website are accurate, complete, reliable, current, or error-free. Prices and availability are subject to change without notice. We cannot confirm the price of a Product until you place your Order. In the event of a pricing error, we may refuse or cancel any Orders placed for that Ordered Product. If the correct price of an Ordered Product sold by Blue Ridge Meditation is higher than our stated price shown on this Site or in an Order Confirmation, we will, at our discretion, either contact you for instructions or cancel your Order and notify you of such cancellation.

6.2.  About Our Products; No Medical Advice or Services.  The Meg Reynolds Website and the Products we provide are for informational, educational, personal enrichment, relaxation, and entertainment purposes only. We do not provide medical advice or services of any kind, and none of the Products are intended to diagnose, cure, prevent, or treat any disease or medical condition. None of the Products are intended to be a substitute for medical care provided by a physician or other licensed healthcare provider. You should consult with your own physician or other licensed healthcare provider before using any of our Products.

6.3.  Payment.

6.3.1.  Payment Information and Processing.  You agree that you will make full and complete payment for all Orders. If you choose to place an Order, you acknowledge and agree that you will provide complete and accurate billing contact information and Payment Information as requested by Blue Ridge Meditation. You may be required to pay for Orders by credit card or debit card, and you authorize us to charge any credit card(s) or debit card(s) that you include as part of your Payment Information for all payments owed for such Orders. Subject to the Privacy Policy, your Payment Information may be transmitted to and stored by third party payment processors (our “Payment Processors”), including but not limited to, Stripe, Inc. (“Stripe”). You acknowledge and agree that the processing of payments is subject to the terms and privacy policies of our Payment Processors, as amended from time to time, and that we are not responsible for any acts or omissions of our Payment Processors. (As of the date of this Order Agreement, payments processed using Stripe are subject to the Stripe Privacy Policy (https://stripe.com/privacy).)

6.3.2.  Charge Backs.  In no event are we responsible for any failure to process payment for any Orders. In the event of a charge back by a credit card company, or any similar action by a payment provider or payment processor (a “Charge Back”), you agree that we may suspend or cancel any affected Orders and/or suspend, close, or terminate your Meg Reynolds Account. You agree that you will promptly reimburse us for any expenses or fees incurred by us as a result of such Charge Back.

6.4.  Taxes.  The product prices listed on the Meg Reynolds Website do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your Orders. If Blue Ridge Meditation has the legal obligation to pay or collect Taxes for which you are responsible under this Section 6.4, we may include such taxes in the Order Total or invoice you separately for that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority, and you will pay such Taxes within thirty (30) days of receipt of the invoice therefor. For clarity, Blue Ridge Meditation is solely responsible for taxes assessable against it based on its income, property, and employees.

6.5.  Order Cancellations and Refunds.  You may cancel any Order at any time at least 48 hours before the start date and time for the applicable Ordered Product, in which case we will issue you a full refund for that Ordered Product. No refunds will be issued (a) for any Ordered Product if you fail to attend the event associated with the Ordered Product, (b) for any Ordered Product that does not have a scheduled start date and time, or (c) if you attempt to cancel the Ordered Product within less than 48 hours of the scheduled start date and time. However, if you need to cancel an Ordered Product within less than 48 hours of the scheduled start date and time, we may allow you to do so, in which case we will allow you to apply the amount you paid for that Ordered Product to the purchase of another product or service on the Meg Reynolds Website within the next twelve months. We reserve the right to cancel any Order, in whole or in part, at any time and for any reason, including for pricing errors, travel delays, our unavailability, or your violation of any provision of this Order Agreement. If we cancel any of your Orders, in whole or in part, we will issue you a full refund for all payments received by us for the portions of the Order cancelled by us, which will be your sole and exclusive remedy in the event of such cancellation. Except as otherwise provided above, all sales are final and you may not cancel any Orders or a receive a refund. However, we hope that our products and services meet and exceed your expectations, and if you are not completely satisfied with your Ordered Products, we invite you to contact us by phone at 914-514-2098 or by e-mail at meg@megreynolds.com so that we may address your concerns.

7.0 Intellectual Property Rights.

7.1.  Generally.  You acknowledge and agree that except as otherwise expressly stated in this Order Agreement, all intellectual property associated with, or incorporated within, this Site and the content available on this Site, including all articles, product descriptions, photos, and other media and documents (collectively, the “Meg Reynolds Materials”), together with all Intellectual Property Rights therein and thereto are owned by Blue Ridge Meditation or its licensors. This Order Agreement does not grant to you, and you shall not acquire, any right, title, or interest in or to this Site, any Meg Reynolds Materials, any content available on this Site, or any Intellectual Property Rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. You may not use any of the Meg Reynolds Materials in any manner that suggests an association between Blue Ridge Meditation and any other person, entity, or organization. You may not (a) upload or post any of the Meg Reynolds Materials to any other website, or (b) publicly make available, display, distribute, or perform any of the Meg Reynolds Materials, or (c) engage in hotlinking or framing with respect to any of the Meg Reynolds Materials. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of this Order Agreement or of your rights or licenses hereunder.

7.2.  Our Trademarks.  The names “Meg Reynolds”, “Blue Ridge Meditation”, and the graphics, icons, logos, service names, designs, and layouts associated with the foregoing names and slogans, this Site, and/or with our products are the trademarks, service marks, or trade dress (collectively, the “Marks”) of the Blue Ridge Meditation Parties in the United States and/or other countries. You acknowledge and agree that you will not use any of our Marks (including as part of other marks and/or Internet domain names) in connection with any product or service in any manner that is likely to cause confusion or dilution of our Marks. All other Marks are the property of the respective owners.

7.3.  Feedback. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, reviews, suggestions, or questions about the Blue Ridge Meditation Parties, the Meg Reynolds Website, our products or services, or any other product or service (collectively, “Feedback”). You agree not to send us any information or ideas that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. You grant us a worldwide, royalty-free, exclusive, transferable, sublicensable, perpetual, and irrevocable license to record, use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit your Feedback (whether submitted directly to us or to a third party review service that we link to from the Meg Reynolds Website) in any and all media or distribution methods (now known or later developed), and to exercise all Intellectual Property Rights and publicity rights in and to your Feedback, including for example to display your Feedback along with your name on the Meg Reynolds Website or in our marketing materials. We will be entitled to use the Feedback for any commercial or other purpose whatsoever (including, for example, developing, improving, producing, providing, or marketing products and services) without compensation or accounting to you or any other person sending the Feedback, and we will not be under any obligation to tell you if and how we use the Feedback. The provisions of this Section 7.3 will continue to apply even if you stop using the Meg Reynolds Website or our products or services and will survive the expiration, cancellation, or termination of this Order Agreement.

8.0 Advertising.

This Site may include advertising, which may be targeted to you based on information that you provide to us, your use of this Site, and other information. In exchange for us granting you permission to access and use this Site, you consent to the Blue Ridge Meditation Parties (and our third party providers, partners, and affiliates) placing such advertising on this Site.

9.0 Indemnification.

You agree to indemnify, defend, and hold harmless the Blue Ridge Meditation Parties from, against, and with respect to any and all liabilities, claims, losses, damages (including property damage and all incidental, consequential, punitive, special, and exemplary damages), injuries (including personal injury, sickness, and death), interest, fines, taxes, premiums, assessments, penalties, costs, and expenses (collectively, “Claims”), including any and all attorneys’ fees, paraprofessionals’ fees, and expenses incurred in the defense of Claims (whether or not a suit is instituted and, if so instituted, through all trial and appellate levels), arising out of or related to: (a) your use of and access to the Meg Reynolds Website or the Meg Reynolds Materials; (b) your participation in any EVENTS, COURSES, SESSIONS, TRAININGS, or programs provided by any of the Blue Ridge Meditation Parties; (c) the use of your Meg Reynolds Account (whether by you or any other person); (d) your breach or violation of any provision of this Order Agreement; (e) our exercise of any rights or licenses granted by you to us (including the use of Your Information and Feedback); (f) any inaccuracy in or breach of any of the representations or warranties made by you; (g) your violation or alleged violation of any law or infringement of any third party right, including any Intellectual Property Rights or privacy rights; (h) your negligence, recklessness, or willful misconduct; or (i) any claim that your use of the Meg Reynolds Website or the Meg Reynolds Materials caused damage to a third party. Blue Ridge Meditation will have the exclusive right: (i) to select legal counsel to defend Claims, (ii) to direct the defense or settlement of Claims, (iii) to make, accept, or reject any offers of settlement of Claims, (iv) to enter into any settlement, and (v) to admit or deny fault or liability. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by Blue Ridge Meditation in connection with any litigation relating to such breach. Notwithstanding the foregoing, nothing in this Order Agreement requires you to indemnify, defend, or hold harmless the Blue Ridge Meditation Parties (or any other person) for any Claims to the extent that such Claims occur as a result of our negligence, recklessness, or willful misconduct. The provisions of this Section 9 apply to the fullest extent permitted by applicable law. Your obligations under this Section 9 will continue even if you stop using the Meg Reynolds Website and will survive the deletion, closure, expiration, or termination of your Meg Reynolds Account or this Order Agreement.

10.0 Disclaimers and Limitation of Liability

PLEASE READ CAREFULLY: This Section 10 includes important provisions that affect your legal rights.The provisions of this Section apply to the maximum extent permitted under applicable law. In addition, some jurisdictions do not permit the limitation of liability in contracts or the disclaimers of implied warranties, so some or all of the provisions of this Section may not apply to you.

10.1.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE MEG REYNOLDS MATERIALS AND THE PRODUCTS AND THE USE THEREOF (INCLUDING WITHOUT LIMITATION YOUR PARTICIPATION IN ANY EVENTS, COURSES, SESSIONS, TRAININGS, OR PROGRAMS PROVIDED BY ANY OF THE BLUE RIDGE MEDITATION PARTIES) IS AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

10.2.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE BLUE RIDGE MEDITATION PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, RELATING TO (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR MEG REYNOLDS ACCOUNT (AND ANY PRODUCTS PROVIDED BY BLUE RIDGE MEDITATION PURSUANT TO SUCH ORDERS), (B) THE MEG REYNOLDS WEBSITE OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, OR (C) THE PRODUCTS AND THE USE THEREOF (INCLUDING WITHOUT LIMITATION YOUR PARTICIPATION IN ANY EVENTS, COURSES, SESSIONS, TRAININGS, OR PROGRAMS PROVIDED BY ANY OF THE BLUE RIDGE MEDITATION PARTIES). NONE OF THE BLUE RIDGE MEDITATION PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, BENEFITS, ACCURACY, APPROPRIATENESS, SAFETY, OR AVAILABILITY OF (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR MEG REYNOLDS ACCOUNT (AND ANY PRODUCTS PROVIDED BY BLUE RIDGE MEDITATION PURSUANT TO SUCH ORDERS), (B) THE MEG REYNOLDS WEBSITE OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, OR (C) THE PRODUCTS AND THE USE THEREOF (INCLUDING WITHOUT LIMITATION YOUR PARTICIPATION IN ANY EVENTS, COURSES, SESSIONS, TRAININGS, OR PROGRAMS PROVIDED BY ANY OF THE BLUE RIDGE MEDITATION PARTIES). WITHOUT LIMITING THE FOREGOING, NONE OF THE BLUE RIDGE MEDITATION PARTIES REPRESENTS OR WARRANTS THAT THE MEG REYNOLDS WEBSITE OR ANY OTHER CONTENT OR INFORMATION PROVIDED IN CONNECTION THEREWITH WILL MEET ANY OF YOUR NEEDS OR EXPECTATIONS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

10.3.  TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE BLUE RIDGE MEDITATION PARTIES WILL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATED TO, OR ASSOCIATED WITH (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR MEG REYNOLDS ACCOUNT (AND ANY PRODUCTS PROVIDED BY BLUE RIDGE MEDITATION PURSUANT TO SUCH ORDERS), (B) THE MEG REYNOLDS WEBSITE OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (C) THE PERFORMANCE OR NON-PERFORMANCE BY BLUE RIDGE MEDITATION OF ANY OF ITS OBLIGATIONS UNDER THIS ORDER AGREEMENT, (D) THE PRODUCTS AND THE USE THEREOF (INCLUDING WITHOUT LIMITATION YOUR PARTICIPATION IN ANY EVENTS, COURSES, SESSIONS, TRAININGS, OR PROGRAMS PROVIDED BY ANY OF THE BLUE RIDGE MEDITATION PARTIES), OR (E) THE OPERATION OR MALFUNCTION OF THE MEG REYNOLDS WEBSITE, REGARDLESS OF WHETHER OR NOT WE, YOU, OR ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE BLUE RIDGE MEDITATION PARTIES TO YOU OR ANY OTHER PERSON FOR ANY REASON AND UPON ANY CAUSE OF ACTION (WHETHER BASED IN TORT, CONTRACT, OR ON ANY LEGAL OR EQUITABLE GROUND OR THEORY OF RECOVERY) ARISING OUT OF OR RELATING TO (A) ANY ORDERS PLACED BY YOU OR THROUGH YOUR MEG REYNOLDS ACCOUNT (AND ANY PRODUCTS PROVIDED BY BLUE RIDGE MEDITATION PURSUANT TO SUCH ORDERS), (B) THE MEG REYNOLDS WEBSITE OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (C) THE PRODUCTS AND THE USE THEREOF (INCLUDING WITHOUT LIMITATION YOUR PARTICIPATION IN ANY EVENTS, COURSES, SESSIONS, TRAININGS, OR PROGRAMS PROVIDED BY ANY OF THE BLUE RIDGE MEDITATION PARTIES), OR (D) THE OPERATION OR MALFUNCTION OF THE MEG REYNOLDS WEBSITE, WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL AMOUNT PAID BY YOU TO BLUE RIDGE MEDITATION FOR THE APPLICABLE ORDERED PRODUCTS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

10.5.  SOME JURISDICTIONS MAY NOT ALLOW OR MAY OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION 10. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION 10 WILL CONTINUE TO APPLY EVEN IF YOU STOP USING THE MEG REYNOLDS WEBSITE AND WILL SURVIVE THE DELETION, CLOSURE, EXPIRATION, OR TERMINATION OF YOUR MEG REYNOLDS ACCOUNT OR THIS ORDER AGREEMENT.

10.6.  Notwithstanding any other provision of this Order Agreement to the contrary, nothing in this Order Agreement will be deemed to limit our liability for any personal injury, death, or property damage occurring on our premises to the extent that such personal injury, death, or property damages results from our negligence, recklessness, or willful misconduct. The limitations of liability set forth in this Section 10: (a) only apply to the extent permitted by law, and (b) do not apply to the extent that such liability results from our gross negligence, recklessness, or willful misconduct.

10.7.  New Jersey Consumers.  Notwithstanding any other provision of this Order Agreement to the contrary, if you are a “consumer” within the meaning of N.J. Stat. § 56:12-15, nothing in this Order Agreement waives (a) any rights you may have under N.J. Stat. §§ 56:12-14 - 56:12-18, or (b) any rights you may have to recover (i) your attorneys’ fees, (ii) your share of any arbitrators’ and administrative fees of arbitration, or (iii) your court costs, filing fees, and other reasonable costs of suit.

11. Governing Law and Interpretation.

This Order Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regard to the conflicts of law provisions of any jurisdiction. If any ambiguity or question of intent or interpretation arises, this Order Agreement will be construed as if drafted jointly by Blue Ridge Meditation and you, and no presumptions or burden of proof will arise favoring or disfavoring Blue Ridge Meditation or you by virtue of authorship of any of the provisions of this Order Agreement. We retain all rights at law and in equity to enforce the provisions of this Order Agreement in accordance with applicable laws.

12.0 Dispute Resolution

PLEASE READ CAREFULLY:  This Section 12 includes important provisions that affect your legal rights, including a limitation of the period of time for bringing a claim against us, a waiver of the right to a trial by jury, and an agreement that any court proceedings will take place only in Orange County, Virginia.

12.1.  Service of Legal Process.

To the extent permitted by law, if your Account Information does not contain your current and accurate physical address (or if we are unable, after reasonable efforts, to effect service of process on you at such physical address), you hereby irrevocably agree to accept service of process by any means of communication associated with your Meg Reynolds Account or through any contact information in Your Information, including service by U.S. mail, e-mail, short message service (SMS), messages or alerts displayed or sent to you through the Meg Reynolds Website, or social media messages, posts, or tweets, and you waive any objections to service of process by such methods.

12.2.  Time Period for Bringing Claims.  TO THE EXTENT PERMITTED BY LAW: YOU MUST COMMENCE OR FILE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO (A) THIS ORDER AGREEMENT, (B) ANY ORDERS, ANY PRODUCTS PROVIDED BY BLUE RIDGE MEDITATION PURSUANT TO SUCH ORDERS, OR THE USE OF SUCH PRODUCTS (INCLUDING PARTICIPATION IN EVENTS, COURSES, TRAININGS, OR COACHING SESSIONS), (C) THE MEG REYNOLDS WEBSITE (OR THE USE THEREOF BY YOU OR ANY OTHER PERSON), (D) THE PERFORMANCE OR NON-PERFORMANCE BY YOU OR BLUE RIDGE MEDITATION OF ANY OF OBLIGATIONS UNDER THIS ORDER AGREEMENT, OR (E) ACTUAL OR ALLEGED INFRINGEMENT BY YOU OR ANY OF THE BLUE RIDGE MEDITATION PARTIES OR AFFILIATES, OR THE MEG REYNOLDS WEBSITE OF ANY INTELLECTUAL PROPERTY RIGHTS WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE THE RIGHT TO COMMENCE OR FILE ANY SUCH CLAIM OR ACTION UNDER ANY LONGER STATUTE OF LIMITATIONS.

12.3.  Venue.  Any and all claims or disputes arising out of or relating to (a) this Order Agreement, (b) any Orders (and any products provided by Blue Ridge Meditation pursuant to such Orders), (c) the Meg Reynolds Website (or the use thereof by you or any other Person), (d) the performance or non-performance by you or Blue Ridge Meditation of any of obligations under this Order Agreement, or (e) actual or alleged infringement by you or any of the Blue Ridge Meditation Parties or Affiliates, or the Meg Reynolds Website of any Intellectual Property Rights, will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated or located in Orange County, Virginia. YOU AND BLUE RIDGE MEDITATION BOTH CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ANY SUCH COURT (AND IN ANY OF THE APPROPRIATE APPELLATE COURTS THEREFROM) AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION (INCLUDING ANY OBJECTION BASED ON INCONVENIENT FORUM) WHICH YOU OR BLUE RIDGE MEDITATION MAY NOW OR HEREAFTER HAVE TO VENUE IN ANY SUCH COURT.

12.4.  Waiver of Jury Trial.  YOU AND BLUE RIDGE MEDITATION IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU OR BLUE RIDGE MEDITATION MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO (A) THIS ORDER AGREEMENT, (B) ANY ORDERS, ANY PRODUCTS PROVIDED BY BLUE RIDGE MEDITATION PURSUANT TO SUCH ORDERS, OR THE USE OF SUCH PRODUCTS (INCLUDING PARTICIPATION IN EVENTS, COURSES, TRAININGS, OR COACHING SESSIONS), (C) THE MEG REYNOLDS WEBSITE (OR THE USE THEREOF BY YOU OR ANY OTHER PERSON), (D) THE PERFORMANCE OR NON-PERFORMANCE BY YOU OR BLUE RIDGE MEDITATION OF ANY OF OBLIGATIONS UNDER THIS ORDER AGREEMENT, OR (E) ACTUAL OR ALLEGED INFRINGEMENT BY YOU OR ANY OF THE BLUE RIDGE MEDITATION PARTIES OR AFFILIATES, OR THE MEG REYNOLDS WEBSITE OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU CERTIFY AND ACKNOWLEDGE THAT: (1) NONE OF THE BLUE RIDGE MEDITATION PARTIES HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT BLUE RIDGE MEDITATION WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (2) YOU HAVE CAREFULLY CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (3) YOU ARE MAKING THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (4) YOU HAVE BEEN INDUCED TO ENTER INTO THESE TERMS OF USE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS IN THIS SECTION.

13.0 Acceptable Use Policy.

We want all of our customers and users to enjoy a high quality experience when using the Meg Reynolds Website. You agree that you will not:

13.1.1.  Access or use this Site using the Meg Reynolds Account of another user;

13.1.2.  Place any Order using Payment Information you are not authorized to use to place such Order;

13.1.3.  Circumvent, compromise, or undermine the security or integrity of this Site, or attempt to do so;

13.1.4.  Probe, scan, or test the vulnerability of this Site, or any systems, networks, servers, computers, devices, or equipment owned or controlled by any of the Blue Ridge Meditation Parties or our users;

13.1.5.  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of this Site, or any server, network, computer, device, system, or database owned or controlled by any of the Blue Ridge Meditation Parties (or any of our users) or related to, associated with, or connected to the Meg Reynolds Website;

13.1.6.  Use any automated device, process, or means (such as robots or spiders) to access or use the Meg Reynolds Website for any purpose, including monitoring or copying any Meg Reynolds Materials;

13.1.7.  Attack the Meg Reynolds Website via a denial-of-service or distributed denial-of-service attack;

13.1.8.  Use the Meg Reynolds Website in any manner that we believe could disable, overburden, damage, impair, or interfere with the proper operation of this Site;

13.1.9.  Interfere with or disrupt the performance or integrity of the Meg Reynolds Website or any data transmitted by or through the Meg Reynolds Website;

13.1.10.  Engage in any other conduct that, in our determination, restricts or inhibits anyone’s use or enjoyment of the Meg Reynolds Website or that may harm any of the Blue Ridge Meditation Parties or our users or expose the Blue Ridge Meditation Parties or our users to liability; or

13.1.11.  Transmit any viruses, Trojan horses, worms, malware, or other material which is malicious or technologically harmful through the Meg Reynolds Website.

14.0 Children Under Age 13.

We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of the Meg Reynolds Website by Children is prohibited by this Order Agreement. This Site is not designed for or marketed to Children, and Blue Ridge Meditation does not knowingly collect Personal Information (as defined in the Privacy Policy) from Children through this Site. By using this Site and/or submitting any information to Blue Ridge Meditation through this Site, you represent and warrant that you are at least thirteen (13) years old.

15.0 Force Majeure.

The Blue Ridge Meditation Parties shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Order Agreement, for any failure or delay in fulfilling any Order, providing any Products, or performing any term of this Order Agreement if such failure or delay is caused by, results from, or arises out of any of the following (each, a “Force Majeure Event”): acts of God; fire, earthquake, tsunami, volcanic eruption, windstorm (including tornado or hurricane), or other natural disasters; epidemics, pandemics, or other outbreaks of disease; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, or explosion; government order or law; actions, embargoes or blockades; action by any Governmental Authority; national, state, or local emergency; strikes, labor stoppages or slowdowns or other industrial disturbances; shortage of adequate utility services or transportation facilities; any other events or circumstances which are not within our reasonable control. If a Force Majeure Event continues uninterrupted for more than one hundred eighty (180) days, you will be entitled to give us written notice terminating any Orders affected by such Force Majeure Event. The provisions of this paragraph apply to any Force Majeure Event, whether in effect as of the date the Order was placed or occurring at any time thereafter, and regardless of whether such Force Majeure Event was known or was foreseeable on the date the Order was placed.

16.0 Termination.

We reserve the right, without any liability to you, to modify, suspend, disable, delete, close, or terminate your Meg Reynolds Account or Your Information (in whole or in part), and to suspend or terminate your permission to access and use the Meg Reynolds Website for violation of this Order Agreement, or for any other reason. If you wish to end your relationship with us, you may request the closure of your Meg Reynolds Account at any time by contacting us at meg@megreynolds.com. After the closure of your Meg Reynolds Account, we may retain Your Information indefinitely for accounting, legal, and other purposes. This Order Agreement and all rights and permission granted by Blue Ridge Meditation to you will automatically terminate upon the closure, deletion, or termination of your Meg Reynolds Account. Any termination, cancellation, or expiration of this Order Agreement notwithstanding (and notwithstanding the closure, deletion, or termination of your Meg Reynolds Account or your stopping using the Meg Reynolds Website), Sections 5.3, 6.3, 6.4, 7, 9, 10, 11, 12, 13, 15, and 18, and any provisions which are by their terms intended to survive and continue will so survive and continue.

17.0 Links to Third Party Websites.

We may provide links on this Site to other websites that are not under our control (each, a “Third Party Site”). In general, any website that has an address (or URL) not containing our domain name (megreynolds.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between Blue Ridge Meditation and a Third Party Site; or (b) Blue Ridge Meditation’s approval, sponsorship, or endorsement of a Third Party Site, the organization or individual operating such Third Party Site, or any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, intellectual property compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that this Order Agreement contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any Privacy Policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. We encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site prior to using or providing any information on such Third Party Site.

18.0 Miscellaneous.

18.1. Reservation of Rights. We reserve all rights relating to the Meg Reynolds Website and the Meg Reynolds Materials not expressly granted to you by this Order Agreement.

18.2.  Further Assurances.  You agree to execute, acknowledge, and deliver all such further documents, and take such further action, as may be reasonably required to carry out and consummate the transactions contemplated by this Order Agreement.

18.3. Severability; Non-Waiver.  If any provision of this Order Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of this Order Agreement. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized manager or officer of Blue Ridge Meditation.

18.4.  No Assignment; No Third Party Beneficiaries.  This Order Agreement is personal to you. Neither this Order Agreement nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, this Order Agreement will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Nothing in this Order Agreement is intended, nor will be deemed, to confer any rights or remedies upon any person other than the Blue Ridge Meditation Parties and you.

18.5.  Headings and General Construction.  The descriptive headings in this Order Agreement are inserted for convenience only and do not constitute a part of this Order Agreement.  Throughout this Order Agreement, unless the context requires otherwise, the use of the singular includes the plural, and vice versa. The words “include”, “includes”, and “including” are not limiting, the word “or” is not exclusive, and the word “herein” refers to this Order Agreement.

18.6.  Entire Agreement.  This Order Agreement contains the entire agreement and understanding between you and us with respect to (a) your use of the Meg Reynolds Website and the Meg Reynolds Materials, and (b) all Orders placed by you through the Meg Reynolds Website (and any products provided by Blue Ridge Meditation pursuant to such Orders), and this Order Agreement supersedes and replaces any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of this Order Agreement.

19.0 Contacting Us.

If you have any questions about this Order Agreement (including the Privacy Policy), the Meg Reynolds Website, your Meg Reynolds Account, or your Orders, you may contact us by email at meg@megreynolds.com. You may also contact us by mail at: Blue Ridge Meditation LLC, c/o Meg Reynolds, PO Box 429, Orange, VA 22960.