Before using Our Website, please read these Terms & Conditions carefully. You acknowledge and accept these Terms and Conditions by accessing Our Website. We reserve the right to amend these Terms and Conditions at any moment at our sole discretion. By using this Website, you acknowledge and accept these Terms and Conditions, as well as any and all revisions to them.
The meanings of the words with capitalized first letters are defined in the “Definitions” section below. The following definitions have the same meaning whether they are written in singular or plural form.
The following terms and conditions apply to these Terms and Conditions:
These are the Terms and Conditions that govern your use of this Website, as well as the agreement between you and the Company. The rights and obligations of all users of the Website are outlined in these Terms and Conditions. Acceptance and compliance with these Terms and Conditions are required for your access and use of the Website. Visitors, users, and others who use or use the Website are bound by these Terms and Conditions. You agree to be bound by these Terms and Conditions by visiting or using the Website. You are not permitted to use the Website if You disagree with any portion of these Terms and Conditions.
You declare that you are at least 18 years old, a minor, or an emancipated minor, or that you have parental or guardian approval, and that you are fully capable and competent:
to take on and meet the responsibilities outlined in these Terms and Conditions,
to make the promises and representations set forth in these Terms and Conditions, and
to follow and adhere to these Terms & Conditions.
You agree to only use this site for the legitimate purposes outlined in the “Restrictions on Use” section below. You agree not to take any activity that could jeopardize the site’s security, make it inaccessible to others, or otherwise harm the site or its Content. You agree not to alter the Content in any way, including adding to, subtracting from, or otherwise modifying it, or attempting to access any Content that is not intended for you. You promise not to use the site in any way that would infringe on other people’s rights. You may be requested to enter certain registration data or other information in order to use this site or some of the features it provides. All information you supply on this site must be correct, current, and complete as a condition of your use of this site. If our Company feels the information you give is inaccurate, outdated, or incomplete, we have the right to deny you access to this site or any of its resources, as well as to terminate or suspend your access at any time and without notice.
This site is offered purely for your personal, non-commercial use, and/or to learn more about our company and the services we offer. Without our Company’s express prior written consent, you may not use this site for any other purpose, including commercial purposes. Without the express prior written approval of an authorized representative of our Company, you may not (and may not authorize any other party to) I co-brand this site, (ii) frame this site, or (iii) hyperlink to this site. In the context of these Terms of Service, “Co-branding” includes displaying a name, logo, trademark, or other means of attribution or identification of any party in such a way that a user is reasonably likely to believe that such other party has the right to display, publish, or distribute this site or Content available within this site. You promise to work with our Company to immediately stop any unauthorized co-branding, framing, or hyper-linking.
You warrant that you are legally capable of entering into binding contracts by placing an Order for Goods on the Website.
If You intend to place an Order for Goods accessible on the Website, You may be requested to provide certain information relevant to Your Order, such as your name, email, phone number, credit card number, credit card expiration date, billing address, and shipping information, among other things. You represent and warrant that I you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and (ii) all information you provide to us is true, correct, and complete. By providing such information, You grant us permission to share it with payment processing third parties in order to expedite the execution of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any purchase ON Our Website can only be cancelled in accordance with these Terms and Conditions and Our Refund Policy. Our Refund Policy is and shall be considered as part of these Terms and Conditions. Please read our Refund Policy to learn more about your right to cancel Your Order.
We are constantly updating Our offerings of Goods on the Website. The Goods available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product specifications and availability. We reserve the right to change or update.
Payment can be made through various payment methods, such as bank transfers with Visa, MasterCard, American Express cards or online payment methods, such as PayPal, Apple Store In-App Payments, and Google Play In-App Payments. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay in placing Your Order.
If an error occurs when collecting the recurring payment from the payment method associated with monthly or annual subscriptions, then Company will attempt to collect the payment within seven (7) days of the charge date, and if Company is still not able to collect the recurring payment within seven (7) days after the charge date, access to the subscription will be removed and Company will waive the right to charge on that missed recurring payment.
Company will cancel that subscription and will not attempt to collect any future charges on that subscription. If the recurring payment is collected within the said seven (7) days period, then the subscription will be kept active and Company will continue to collect recurring payments for that subscription accordingly.
If an error occurs when collecting the first payment after the free trial has ended for monthly or annual subscriptions that started with a free trial, then access to the subscription will be removed immediately, and Company will attempt to collect the first payment within seven (7) days of the charge date. If Company is still not able to collect the first payment within seven (7) days of the charge date, then Company will waive the right to charge that missed first payment, will cancel that subscription, and will not attempt to collect any future payments on that subscription. If the first payment is collected within seven (7) days of the charge date, then access to the subscription will be re-granted, the subscription will be kept active, and Company will start collecting recurring payments on that subscription accordingly.
For instalment plans (i.e. a purchase made with a fixed number of installments), in case there is an error collecting any of the installment payments, access to the purchased product(s) will be removed immediately, and Company will attempt to collect the payment for an unlimited period in the future until it collects the installment payment due. In case future installment payments accrue, Company reserves the right to charge all accrued installment payments at any time. In case all accrued installment payments are successfully collected, access to the product(s) purchased will be re-granted.
If You don’t cancel a monthly or annual subscription before the end of the trial period (free or otherwise), Company will collect the full payment for the subscription (monthly or annual) after the trial period ends. For instance, for an annual subscription with a seven (7) days trial, the full payment will be collected on the eighth (8) day of the trial’s start date, and the subsequent payment for the annual subscription will be collected on the three hundred and sixty-sixth (366) day of the trial’s start date.
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate Your Account. You are prohibited from compromising the security of this Website or tampering with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools, etc.) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators of other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any content that are believed to violate these Terms and Conditions. By accepting these Terms and Conditions, you agree to waive, release, and hold harmless the Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
This site may or may not contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. In accord with our mission, we are making such material available to inspire and help people achieve their goals. All of our contents shared on our social media accounts, or on this site by us are meant for Educational/Inspirational purpose only. Hereby, we do not own nor claim any copyrights to copyrighted materials used on this site, in which without permission from the original copyright owners. All the rights go to their respective owners. If you wish us to remove the content that infringes your copyright from Website, please contact us.
The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.
This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and re-print Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY COMPANY AND ANY THIRD-PARTY MEDIA SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY MEDIA SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. COMPANY MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR WEBSITES, OPERATE WITHOUT INTERRUPTION, OR MEET ANY PERFORMANCE OR RELIABILITY WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
WITH REGARDS TO HEALTH & WELLNESS CONTENT ON THE WEBSITE:
THIS WEBSITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY THIRD-PARTY MEDIA SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE “PRACTICE OF MEDICINE AND COUNSELING” INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
WITH REGARDS TO FINANCIAL CONTENT ON THE WEBSITE:
NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS, AND NOTHING CONTAINED ON THE WEBSITE IS INTENDED TO BE CONSTRUED AS FINANCIAL ADVICE. COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. THE WEBSITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL, OR OTHER ADVISOR.
Pursuant to these Terms and Conditions, the collective liability of Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages (regardless of the form of action, whether in contract, tort, or otherwise), even if Company has been advised of the possibility of such damages, shall not exceed the greater of hundred ($100) US dollars or the amount you have paid to Company for the applicable Content, product or service. Your exclusive remedy for all of the foregoing shall be limited to the greater of hundred ($100) US dollars or the amount you have paid to Company for the applicable Content, product or service.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter referred to as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by You, including for any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify the Indemnified Parties for any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out of or related to such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to Your use of the information accessed from this Website.
You may not post, send, submit, publish, or transmit in connection with this site any material that:
The above list of Unauthorized Content is not exhaustive, and Company reserves the right to alter it at any time without warning. Before posting, sending, submitting, publishing, or transmitting any content in connection with this Website, You must verify the list of Unauthorized Content. Company maintains the right to monitor the use of this Website for the purpose of determining compliance with these Terms and Conditions, as well as the right to remove or reject posting any information for any reason. You are solely responsible for the content of your Submissions, despite these rights. You understand and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.
The laws of the State of California shall govern and construe these Terms and Conditions, without regard to its conflict of laws rules. If any term of these Terms and Conditions is found to be invalid, void, or unenforceable for any reason, that provision shall be deemed severable from the rest of the Terms and Conditions and shall have no bearing on the legality or enforceability of the other sections.
You acknowledge and agree that you may only resolve issues with us on an individual basis and that you may not file a claim in a class, consolidated, or representative action as a plaintiff or a class member. There are no class arbitrations, class actions, private attorney general proceedings, or consolidations with other arbitrations permissible. Unless all relevant parties expressly agree to do so following the initiation of the arbitration, the arbitrator may not consolidate more than one person’s claims or preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action).
You will benefit from any necessary provisions of the law of the country in which you reside if you are a European Union consumer.
You represent and warrant that I you are not located in a nation that is subject to a US government embargo or has been classified as a “terrorist supporting” country by the US government, and (ii) you are not on any US government list of prohibited or restricted parties.
If any clause in the Terms and Conditions is determined to be invalid or unenforceable (other than the Class Action Waiver paragraph above), that clause will be removed from the Terms and Conditions, and the remainder of the Terms and Conditions will remain in full force and effect. The issue will be determined by a court of competent jurisdiction if the Class Action Waiver clause is deemed to be unlawful or unenforceable.
We reserve the right to change or amend these Terms and Conditions at any moment at our sole discretion. You agree to be bound by the updated terms if you continue to access or use Our Website after the adjustments take effect. Please discontinue using the website and the Website if you do not agree to the new terms, in whole or in part.
If you have any questions about these Terms and Conditions, please contact us at: www.mindsetdev.com