institute for Mindfulness studies
Clarity of Mind.  Well Being.  Compassion.
 
 
Terms of Use
The following Terms of Use outline your obligations when using any and all websites owned and operated by the Institute for Mindfulness Studies.  You can view a list of all Institute for Mindfulness Studies’ (“IMS” ) websites by clicking here.  You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
 
ACCEPTANCE OF TERMS
The web pages available on IMS Websites, and all linked pages ("Site"), are owned and operated by the IMS, a Florida corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").
 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. IMS' ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY IMS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
 
MODIFICATIONS OF TERMS OF USE
IMS reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, IMS will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at IMS's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
 
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, IMS may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service IMS performs for you, as well as the offering of any content or materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content" or the “Site Content”). IMS may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. IMS may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
 
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not use the Services.
 
USER CONDUCT
As a condition of use, you promise not to use the Site or its Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by IMS.
 
 
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.
 
IMS may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: contact@mindfulliving.net.
 
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By submitting Content to IMS, you warrant that you own all rights to the Content, and that you will not object to the use of the Content by IMS in any context.
 
COPYRIGHT COMPLAINTS
IMS respects the intellectual property of others. It is IMS's policy to respond expeditiously to claims of copyright and other intellectual property infringement. DIMS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, IMS may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
 
Notifying IMS of Copyright Infringement: To provide IMS notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of contact@mindfuliving.net that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
 
Providing IMS with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide IMS with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at contact@mindfulliving.net that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
 
IMS'S PRIVACY POLICY
IMS's current privacy policy is available at mindfulliving.net/privacy.html (the "Privacy Policy"), which is incorporated by this reference.
 
INDEMNITY
You will indemnify and hold harmless IMS, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
 
WARRANTY DISCLAIMERS
You acknowledge that IMS has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release IMS from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. IMS makes no representations concerning any content contained in or accessed through the Site or Services, and IMS  will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IMS has no control over such sites and resources, you acknowledge and agree that IMS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
 
LIMITATION OF LIABILITY
IN NO EVENT SHALL IMS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
 
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind IMS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. IMS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IMS's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with IMS's prior written consent. IMS may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the Eleventh Judicial Circuit Court in and for Miami-Dade County and the United States District Court for the Southern District of Florida. Notwithstanding the foregoing sentence, (but without limiting IMS' right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to arbitration in Miami-Dade County, Florida. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Miami, Florida. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
 
TRADEMARKS
INSTITUTE FOR MINDFULNESS STUDIES, JUISIGHT, THE MINDFUL PARENT, WORRIER TO WARRIOR, CHILDSIGHT, THE MINDFUL MUSCLE, THE MINDFUL LAWYER, THE MINDFUL THERAPIST, THEMINDFULDETOX, and other IMS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of IMS in the U.S. and/or other countries. IMS's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
 
COPYRIGHTS
IMS has created and maintains the IMS Web sites in order to provide information and resources to the public via the Internet.
IMS Web Sites Are Proprietary to the IMS
All of the text, images, marks, logomarks, and other content of IMS are proprietary to IMS or used consistent with the owner's permission or applicable law or regulation. IMS authorizes you to view, download and print the Site Content subject to the following conditions:
(1) You must adhere to any and all additional terms or restrictions provided within individual sections of the Web sites relating to particular Site Content;
(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;
(3) Downloading Site Content for commercial use is prohibited;
(4) Downloading Site Content for personal Web sites is subject to review and approval by IMS provided your site takes no advertising and has no commercial sponsors, does not charge a fee for services, and does not offer any product or service for sale including your own works, and requests for personal Web site use should be directed to contact@mindfulliving.net;
(5) You may not remove any copyright, trademark, or other proprietary notices, including, without limitation attribution information, credits, and copyright notices, that have been placed in or near the Site Content by IMS;
(6) You may not modify the Site Content; and
(7) Any displays or printouts of the Site Content must be marked "© [insert year of display or printout] Institute for Mindfulness Studies. All rights reserved."
All parties downloading, printing or using the Site Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.
Permissions and Requests for Images and Other Site Content
Except as expressly permitted above, reproduction or redistribution of the Site Content or any portion of the Site Content is strictly prohibited without the prior written permission of IMS.
To request permission to use or reproduce Site Content, please contact contact@mindfulliving.net.
Professional journalists interested in obtaining any portion of the Site Content for publication, please contact the Communications Department at (786) 239-9318.
 
 
 
 
Welcome to the Mindful Muscle, offering you mindfulness-based fitness coaching and workshops.
Our programs of study and services are tailored to the individual and to small groups.
   -Scott Rogers
     Founder and CEO
     Institute for Mindfulness Studies
Contact
Institute for Mindfulness Studies
800 West Avenue, Suite C-1
Miami Beach, Florida 33139
contact@mindfulliving.net
    Telephone:  786-239-9318
    Facsimile:   305-538-4676
 
Read what participants in IMS mindfulness programs have to say:
 
I think the key word is "balance."  Through Scott's tremendous help, I have learned to incorporate balance into my life.  I really feel great.  I have great energy and I actually feel so happy that I am in control of my body.  It has been a tremendous experience and one that I recommend to anyone who is fed up with watching their metabolism take over and think there is nothing to do about it.  Scott Rogers will change that for you and bring balance into your life.
 
     -- Tami G.
        Miami Beach, Florida
        Educator
 
Scott has tremendous knowledge and experience, but an ability to filter out the esoteric and bring it all down to a simple level that I could understand and grasp onto.  He was able to tailor a plan specifically for me, by understanding my limitations and what I was capable of - often times knowing me better than I know myself.  His coaching was helpful at every turn - and was always accessible. The experience for me has been nothing short of life-altering.
 
   --  Laura E.
       Miami Beach, Florida
       Attorney