Terms of Service Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY, BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR PRODUCTS AND SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JULY 11, 2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact with Mind Design Club, and our subsidiaries and affiliates, in association with the use of the community website, which includes www.minddesignclub.org (the Site) and its Products or Services, which shall be define below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is which has the description:
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include content are the sole property of Mind Design. At its discretion, Mind Design may update, modify or revise any current content, products, and services, and this agreement shall apply to any and all additional services and/or products and any and all update, modified or revised service otherwise stipulated. Mind Design does hereby reserve the right to cancel and cease offering any of the aforementioned Service and/or products.
You, as the end user acknowledge, accept and agree that Mind Design shall not be held liable for any updates, modification, revisions, suspensions or discontinuance of any of our Services and/ or modifications shall constitute your acceptance of such updates, change and/or modification, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the update, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the services offered shall be provided “AS IS” and as such Mind Design Shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Mind Design shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion of our website Services. Therefore, you hereby grant and allow for Mind Design the below listed worldwide, royalty-free and non-exclusive license, as applicable.
a) The content submitted or made available for inclusion on the public accessible area of Mind Design’s site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Service is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. The license shall be available so long as you are a member of Mind Design’s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphic’s submitted or made available for inclusion on the publicly accessible areas of Mind Design’s site, the license provided to permit to use, distribute, reproduce,modify, adapt, publicly perform and/or publicly display said Content on our network Service are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. The license shall be available so long as you are a member of Mind Design’s site and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Mind Design’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Mind Design’s sites are those such areas of our network properties which are meant to be available to the general public, and which include message board and group that are openly available to users.
YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MIND DESIGN MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT MIND DESIGN HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. MIND DESIGN DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL MIND DESIGN BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER’S CONDUCT IN CONNECTION WITH SUCH MEMBER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS. USER HARASSMENT VIA THREAT AND INTIMIDATION OF MEMBERS ON FORUM WILL RESULT IN IMMEDIATE TERMINATION OF MEMBERSHIP.
CONTRIBUTIONS TO COMPANY WEBSITE
Mind Design provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestion and/or proposal (“contribution”) to our site, you acknowledge and agree that:
a) your contribution do not contain any type of confidential or propriety informtion;
b) Mind Design shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Mind Design shall be entitled to make use of and/or disclose any such Contribution in any such manner as they may see fit;
d) the contributor Contribution shall automatically become the sole property of Mind Design; and
e) Mind Design is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subjected to the export and import laws of the United States and possibly other countries. Through the use our network, you thus agree to comply with applicable export and import laws, statutes and regulations, including but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/santions/Programs/Pages/Progams.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/listocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulatons;
b) agree not to transfer any software, or any technical data through the use of our network Service to any export-prohibited country;
c) agree not to use our website network service for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
INDEMNITY
All users here agree to insure and hold Mind Design, our subsidiaries, affiliates, agents, employees, officers, partner and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Service, the use of Mind Design services or your connection with these Services, your violation of the Term of Service and/of your violation of any such right of another person.
COMMERCIAL REUSE OF SERVICES AND PRODUCTS
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reasons any part, use of, or access to Mind Design’s sites.
MODIFICATIONS
Mind Design shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Service, or any part thereof.
ADVERTISERS
Visitors and/or members of Mind Design Club, may be subject towards exposure to third-party advertisements. It is up to the user to exercise precautions to protect their own privacy in relation to any and all second or third parties including other members and/or advertisers that may or may not be associated with Mind Design. Mind Design cannot guarantee that visitors and users will not be subject to redistribution in regards to their publically and privately shared information while visiting its domain. User discretion is advised.
PRODUCT & CONTENT EXPECTATIONS:
Mind Design does not give medical advice nor does it sell any product that is intended to treat, diagnose or cure any physical or mental diseases or ailments. Mind Design is not a medically licensed organization. If you have any concerns regarding your mental or physical health, please consult a licensed healthcare professional. Any statements made towards members by Mind Design and/or its members or affiliates shall be considered as “friendly” advice that is not intended to be medically or legally interpreted and is meant for educational purposes only. All merchandise and associated fees with Mind Design are considered non-refundable. Upon purchasing a product or membership that has been confirmed and finalized, the payer agrees to forfeit all disputes and/or concerns in relation to the purchase and assumes all risks that may be associated with use. This also includes the purchase of any memberships and any non-physical items such as consultations.
RETURN POLICY:
Mind Design Club does accept returns within 14-days for physical nonperishable items that have not be damaged or open and in its manufacturing condition. Perishable items EXEMPT for returns are magazines, digital magazines, food & drink, flowers & plants, or anything with an expiration date.
ARBITRATION:
All valid claims and disputes arising under or relating to this agreement are to be settled by binding arbitration in the state of Tennessee or another location that is mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration shall be conducted by an experienced arbitrator with a background in related industries to Mind Design and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
COMMUNITY GUIDELINES:
Members of our message boards and/or Mind Design community shall agree to adhere to the following principles;
(A.)- Members shall not discriminate against other users based on age,religion,creed,race,sexual orientation,medical history, genetic background, or personal views held that are not threatening or disparaging in nature.
(b.)- Mind Design encourages intellectual debate amongst its members. Any debates or conflicting opinions that may arise during discussion should be done so respectfully without obscene language, threat, or spamming tactics. Any sort is spamming is completely prohibited from use in the forums.
(c.)- Members may not offer legal or medical advice to other members. Any statement made by members must be considered as friendly advice.
(d.)- Members may not share personal information about other members publically in the forums nor privately to other members without consent.
(e.)- All members must register using accurate and truthful information and agrees to not misrepresent themselves at any time.
(f.)- Members may not redistribute or use any published content on the forums or within the community of Mind Design without the consent of Mind Design.
(g.)- Users may not share illicit content or links containing illicit content privately or publically within the Mind Design community.
(h)- Members may not solicit money or illegal services from other users nor promote services or products that are illegal.
(i.)- Members of the Mind Design community have a duty to protect and foster good will towards one another with a sense of unity. Members are encouraged to report any criminal activities or harmful statements/activities in relation to this agreement, to Mind Design, its moderators, and/or any applicable authorities.
(j.) Failure to adhere to these principles could result in memberships being suspended or cancelled. Users have the ability to appeal revocations/suspensions with Mind Design although Mind Design reserves its right to exercise its own discretion in its choice to suspend or revoke any membership at any given time with or without notice.
