MINDSIZE—TERMS AND CONDITIONS OF USE
Access to This Site
You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the programs and other materials accessible on it (the “Content”). You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, or if you violate any of the rules set forth in these Terms and Conditions of use, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions on Use
Proprietary Information and Trademarks
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 reprint 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 hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for services, products and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.
Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.
If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.
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.
Our Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the Content. Our Company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Our Company does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Our Company does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the services offered thereon and the Content are provided on an “as is” and “as available” basis. In the event our Company becomes aware of any technical, typographical, or photographic error on the materials that appear on MindSizeSports.com, we will have the right to make changes to the materials that appear on the website without any notice. Our Company does not make any commitment to update the materials.
Limitation on liability
Our Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if our Company has been advised of the possibility of such damages. In no event will the collective liability of our Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to our Company for the applicable content, product or service.
Information you provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site;
- or contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither our Company nor any third party that provides Content to our Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Our Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that our Company considers insecure, our Company will be entitled to require the password to be changed and/or terminate your account.
By accepting this agreement, you waive and hold harmless our Company from any claims resulting from any action taken by our Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either our Company or law enforcement authorities.
Claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to our Company’s Designated Agent, whose name and address is set forth in the Copyright Infringement Policy posted on this site.
Release, Waiver of Liability and Assumption of Risk
In consideration of being permitted to participate in the training offered by our Company, you agree, on behalf of yourself, your personal representatives, heirs, and next of kin, as follows:
1. You acknowledge, agree, and represent that you are aware of the possible reactions that can occur during and after meditation, including without limitation:
- increased emotional sensitivity;
- heightened states of anxiety and depression;
- exacerbation of compulsive and other driven behavior;
reappearance of negative behavior patterns from past;
- altered states including visions and hallucinations;
reappearance of psychotic symptoms;
- rekindling of depression or other psychiatric disorders; and/or
exacerbation of physical pain and discomfort.
- You hereby agree, if you are under the care of a medical or other therapeutic provider for emotional or psychological problems, suffer from any of the conditions set forth above, or are taking any form of psychotropic medication including but not limited to anti-anxiety, anti-depression, or anti-psychotic medications, to consult with and obtain the advice and consent of your medical or other therapeutic provider.
- You hereby release, waive, discharge, and covenant not to sue the Company and/or its members, managers, representatives, agents, or employees (collectively, the “Releasees”), from any and all liability to you, your personal representative, assigns, heirs, and next of kin for any and all loss or damage and any claim or demand therefore on account of injury of any kind to you, including without limitation injury resulting in your death, arising out of or related to your participation in the training, whether caused by the negligence of the Releasees or otherwise.
- You hereby represent and warrant to the Company and any and all other persons responsible for the conduct of the training that if you have previously experienced severe negative reactions to introspective practice or have reason to believe that you will experience a severe negative reactive to introspective practice, or if you suffer from any severe emotional or psychological condition, you agree to seek advice from a competent medical or other psychotherapeutic professional and obtain his or her consent before participating in this program. You acknowledge that you have been informed of the potentially stressful nature of participation in the training. You further acknowledge that the Company has agreed to allow you to participate in the program in reliance on the foregoing representation, warranty, and acknowledgment.
- You hereby assume full responsibility for any risk of mental or bodily injury (including any such injury which results in your death) arising out of or related to the Program, whether caused by the negligence of Releasees or otherwise.
- You hereby agree that this Release, Waiver of Liability and Assumption of Risk extends to all acts and omissions by the Releasees, and is intended to be as broad and inclusive as is permitted by the laws of the applicable jurisdiction(s), and that if any portion hereof is held invalid, it is agreed that the balance hereof shall, notwithstanding, continue in full legal force and effect.
As a condition to undertaking the training, you acknowledge and agree that you have read this Release, Waiver of Liability and Assumption of Risk, fully understand its terms, understand that you have given up substantial rights by agreeing to it, and have executed it freely and voluntarily without any inducement, assurance, or guarantee being made to you, and intend your agreement hereto to be a complete and unconditional release of all liability to the greatest extent allowed by law.
In case you no longer want to receive any form of communication from the Company, you can unsubscribe or opt-out from the system through any of these easy ways:
- You may opt-out of receiving our emails by following the instructions on any commercial email you receive from us, which can usually be found at the bottom part of emails you receive from us.
- Tell us through email: [email protected]. Simply put “Attn: Unsubscribe” on the subject line of the email to opt out.