Terms of Use

 

THIS IS NOT MEDICAL ADVICE.

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

 

The content and service of the MINDURANCE Site, such as text, graphics, images, online courses, podcasts, audios, coaching sessions, live events, and other products created by MINDURANCE or obtained from MINDURANCE's licensors, and other materials contained on the MINDURANCE Site are for informational purposes only. Such Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, watched, heard, or received on the MINDURANCE Site! None of the Content represents or warrants that any particular treatment is safe, appropriate, or effective for you. Mindurance does not endorse any specific tests, medications, products or procedures.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. 

1. Introduction

Welcome to www.mindurance.org (“Site” or “Website”).

This website is owned and operated by Mindurance, LLC from the United States. Throughout the Site, the terms “we”, “us”, “platform”, “Mindurance” and “our” refer to Mindurance, LLC. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or when purchasing our membership, you (“User”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.  IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.

2. General Information

  • About.  Mindurance offers a membership site where members have access to educational content on managing mental health. To find out more information about what we do, please refer to our website.
  • Sole discretion. We reserve the right to add/discontinue any service anytime at our sole discretion.

 

3. Eligibility 

Mindurance is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

4. Advice

This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. They are educational and coaching in nature. The information, coaching guidance provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physiotherapist, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. We are not providing psychotherapy, medical delivery, health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. There are no gurantees of success or cure as a result of signing up for the membership. The results may vary from person to person. We are not responsible for any results. You discharge our guest experts against any liability.

5. Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, or spiritual health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

6. Confidentiality 

You fully understand and accept that confidentiality can't be guaranteed. Whether posting on the community forum and/or through participation in the weekly live stream, it is possible that such information might be shared by other members. Mindurance can not control such disclosures and you can not hold Mindurance liable for any such disclosure. 

7. Hot Seats

Hot seats will be one time coaching simulations that are held during the live stream. Hot seat coaching should not be considered or serve as a replacement for medical treatment, therapy, psychotherapy, or counseling.

8. Payment

Our Site accepts all major payment methods which include:

  • Visa (credit and debit cards)  
  • MasterCard (credit and debit cards)  
  • American Express   
  • Any other payment method displayed on our Site.

We reserve the right to add or change our payment methods at sole discretion anytime. 

9. Permitted use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms  and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by Mindurance;
  2. Gain unauthorised access to Mindurance’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Mindurance’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Mindurance in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

10. Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

11. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Mindurance is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Mindurance. 

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Mindurance immediately of any breach of security or unauthorized use of your account. Mindurance cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

12. Intellectual Property Rights 

Please refer to our Copyrights Policy for more information on this section.

13. Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

14. Monitoring Activity

Mindurance has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Mindurance has no obligation to display or post any content. Mindurance, subject to the Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request.  

15. Digital Millennium Copyright Act

Mindurance expects all users to respect the intellectual property rights of others. Mindurance may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at [email protected]  The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Mindurance to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

16. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MINDURANCE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

17. Limitation of Liability

You agree that in no event shall Mindurance be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Mindurance' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

18. Indemnification

You agree to indemnify and hold Mindurance and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

19. Governing Laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and you hereby submit to the exclusive jurisdiction of the US courts in the State where Mindurance is based in.

20. Children

If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

21. Privacy & Cookies

We know that the privacy of your personal information is important to you. The personal information you submit to Mindurance is governed by the Privacy Policy, which can be found at  www.mindurance.org/privacypolicy.asp. To the extent there is an inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall govern.

22. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

23. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

24. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

25. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

26. Force Majeure

Mindurance is not liable for any delays caused by circumstances beyond Mindurance’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. 

27. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Mindurance concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Mindurance's right to act concerning subsequent or similar breaches.

28. Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Mindurance shall survive any termination.

29. Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on [email protected]

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