Mindset Terms Of Service & Conditions Of Use

Last Updated: April 9th, 2021

 

Welcome to https://www.high3rmindset.com/ owned and operated by M!NDSET. (“MTA”, “we”, “us” or “our”). We work with people want to transform themselves by transforming their story. Mental Toughness is being able to create a story that leads to a healthy and powerful state of mind.

Please read these Terms of Use (“Terms”) carefully because they govern your use of this website (the “Site”), and the content, services and products available at or through the Site and associated social media profiles. If you have any questions, please contact us. To make these Terms easier to read, the Site, and our products and services and are collectively called the “Services.”

Agreement to Terms

By accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, simply stop using the Services.

Changes to Terms or Services

We may modify these Terms and our Services at any time, in our sole discretion. If we do so, we’ll make it known on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms.

If you don’t agree to be bound by the modified Terms, please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion. Any other policies, notices, or other legal/administrative pages on the Site are incorporated into these Terms.

This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at https://www.high3rmindset.com/privacy-policy

Intellectual Property

License, Copyright & User Submissions

You are granted a nonexclusive, nontransferable, revocable license to use the Site only for private, personal, noncommercial use. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form.

 

Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.

 

Canada and international intellectual property law protect the Services and the Site, including copyright and trademark laws. We own, or license through the rightful owner, all materials, content, and Services on the Site. By accessing or using the Site and Services, no rights shall be conferred to you in any article, book, e-book, document, blog post, software, application, add-on, plugin, art, graphic, image, photo, video, webinar, recording or other material accessed on or through the Site, via email or by way of content in a membership site (collectively “M!NDSET Content”).

You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content.

You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose.

The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. Violation any of these Terms, may terminate your license to access and use the Services and/or Site.

 

We welcome ideas, feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at high3r.mindset@gmail.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose. You surrender any rights to such content once it becomes part of our website.

 

You are responsible for your own communications on and through the Site and Services, and are responsible for the consequences of your postings.

You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

 

The Site does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

We reserve the right, but not the obligation, to monitor or screen communications transmitted on or through the Site and Services. If we observe or are notified by a user of communications, which allegedly do not conform to this agreement, we reserve the right to take appropriate action, which may result in any or no action. We reserve the right to determine whether to remove or request the removal of the communication, in our sole discretion.

User Conduct

You agree to use the Services offered by the Site in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

 

The Site prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the Services or Site is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

 

Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage the Site or Services in a way that mines for the personal information of others for your own use or for the benefit of others. This includes, but is not limited to spam (unsolicited commercial email). If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

If we provide you with a user ID (username) and password to enable you to access restricted areas of the Site or Services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

 

For Educational And Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

Scope of Instruction

As a user of High3rMindset.com, you understand that the scope of M!NDSET’s mental coaching is defined as instruction, coaching, or education for the purposes of performance enhancement in sports or careers. As such, you understand that all our programs, tips, articles, and products are defined as educational programs to improve mental skills.

You further understand that M!NDSET’ performance and mental coaching programs, tips, article, and products are not intended to be psychotherapy, psychological therapy, or psychoanalysis for the diagnosis, rehabilitation, or treatment of psychiatric or psychological problems or pathology.

Furthermore, the services, programs, and products provided by High3rMindset.com and M!NDSET are not intended to be psychological services, psychopathology, psychological therapy, or psychoanalysis. If you use this website or purchase mental coaching programs or products, you agree and understand that our coaching programs and products are defined as instruction and education for the purposes of performance enhancement in sports only.

Accuracy and Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

No Guarantees As To Results

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Hyperlinks & Third-Party Resources

Links to our Site

You may provide links to our Site, provided you do not change, remove, or obscure the copyright notice or other notices on our website. You may not post, share or disseminate, directly or indirectly to links containing illegal or pornographic content. We reserve the right to remove any link you may place on our website, in our sole discretion, with or without notice to you.

Links to Third Party Websites

The Site is independently owned and managed by M!NDSET, and has no formal relationship or affiliation with any company, person, or group even if such name on the Site. You should assume no other party, by mere mention of their name, has endorsed anything you see here. Our aim is simply to provide useful resources to our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.

Third-Party Resources

The Site may contain links to or advertisements of third-party websites (that are not affiliated with us) or resources, such as the books we’re currently reading. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Use Of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials/Content Provided To The Website

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Indemnity

You agree to defend, indemnify and hold harmless M!NDSET, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that content that originates from you caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Services and account, at our sole discretion, at any time and without notice to you. You may also cancel your Account by emailing support@high3rmindset.com. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER M!NDSET NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the SERVICES or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not M!NDSET has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will M!NDSET’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the SERVICES or content EXCEED THE LESSER of the AMOUNTS YOU HAVE PAID TO M!NDSET FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO M!NDSET, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to support@high3rmindset.com.

  1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

  2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

  3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the Province of Ontario. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between M!NDSET and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by M!NDSET under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Site.

M!NDSET’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of M!NDSET. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please email us at support@high3rmindset.com.