Terms and conditions
Please read these Terms and Conditions of Use before using or registering on the Site. You may not use the Site or its contents for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions of Use.
themindgym.com website (the “Site”) and the services offered on and through the Site are offered to you (“You”/”Your”) by Mind Gym (USA) Inc, 13W 36th Street, 3rd Floor, New York, New York, 10018 (“We”/”Us”/”Our”).
These Terms and Conditions of Use were last updated on January 30, 2015.
1. Acceptance of Terms and Conditions of Use
1.1 By accessing any part of the Site, You shall be deemed to have accepted these Terms and Conditions of Use in full. If You do not accept these Terms and Conditions of Use in full, You must leave the Site immediately.
1.2 We reserve the right to change or update these Terms and Conditions of Use from time to time without prior notice. Revised Terms and Conditions of Use will be published on this Site and We Will make commercially reasonably efforts to notify Registered Users of any significant changes that affect your rights by email.
1.3 Additional terms and conditions apply where you register as a user of the Site in order access Our value-added content (“Registered User” or “Member”) and You will be asked to review and accept these additional terms and conditions when You so register.
1.4 You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, You may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to You under these Terms and Conditions or disrupt the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or circumventing security or user authentication measures. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party.
2. Copyright and Other Intellectual Property Rights
2.1 We or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Your use of the Site grants no rights to You in relation to copyright, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties.
2.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for Your own personal, non-commercial use or where We expressly give You a right to do so on a case-by-case basis. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
3. Information on the Site
3.1 We are constantly seeking to improve the site and its content and we may therefore change any aspect of the Site, its content or services, including the availability of any suppliers, features, information, database or content.
4. Limitation of Liability
4.1 WHILST WE WILL USE ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION NOR THAT THE INFORMATION ON AND PROVIDED VIA THE SITE WILL BE FREE FROM ERRORS OR OMISSIONS.
4.2 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
4.3 Save that nothing in this paragraph 4 shall restrict Your statutory rights (including your rights to receive a reasonable standard of service) all content and services on this Site are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation, any advice including health or other advice and information given (on a personal or general basis) and statements made by advertisers on the Site. Please note that any opinions, views or advice expressed by guests, contributors, advisers or visitors to the Site or other Registered Users (as the case may be) do not necessarily represent Our own. Any decisions or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk and you should obtain individual professional advice where necessary. Further, the Site may contain typographical errors and you agree that we shall not be bound by any such errors.
4.4 We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
4.5 From time to time, this Site includes hyperlinks to websites operated by third parties (including in relation to the sale of goods and services offered via the Site). Such hyperlinks are provided for Your reference and convenience only. We do not control such websites and are not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In particular, You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and that We shall have no liability to You in respect of any such transaction, whether arising in contract, tort, under statute or otherwise.
4.6 We will not be liable for any damages, including direct, indirect, special, exemplary or consequential losses, any lost profits, lost data, cost of cover, or any punitive damages and whether in contract, tort (including negligence) or otherwise, arising in connection with a breach of these Terms and Conditions of Use by You or another Registered User or visitor to the Site. Where We are liable for direct loss this will be limited to a maximum of the total price of the products or services acquired or provided via the Site in respect of which a claim is made or the sum of $10 whichever is the lesser.
5. Denial of Access
5.1 In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, We reserve the right to suspend, restrict or terminate Your access to the Site at any time without notice for any reason. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
6. Competitions, Offers and Prize Draws
6.1 Each competition, offer or other promotional features available through this Site may have specific terms and conditions. You will need to read and accept these before making a submission.
7. Data Processing and Privacy
8. Disputes; governing law
8.2 Any claims asserted by you in connection with the site must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
9.1 We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers, cyber attack or other malicious acts of third parties or any other cause beyond Our reasonable control.
9.2 If any of these Terms and Conditions of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
9.3 The failure by Us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by You, shall not prevent a subsequent exercise of such right by Us or be deemed a waiver by Us of any subsequent breach by You of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit Our right to exercise any other right or remedy.
9.4 These terms shall be governed by and interpreted in accordance with the laws of New York. For any matters which are not subject to arbitration as set forth in these Terms and Conditions and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions, shall be subject to the exclusive jurisdiction of the courts of the state of New York.
9.5 If you have any questions or complaints regarding the service, then you can contact us by e-mailing firstname.lastname@example.org.