Terms and Conditions Agreement Buy Total Mindshift HERE
Updated: September 3, 2022
Total Mindshift Academy LLC and Total Mindshift Academy.com terms and conditions:
PURPOSE: These terms and conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the site and/or purchasing or downloading any course, program, service, or products offered on the site.
These terms of service (“Terms”) cover your use and access to the services, products, software and websites (“Services”) that are provided by Total Mindshift Academy LLC and any of our members, subsidiaries, and affiliates ( “company”, “we”, “us” or “our”).
By using our Services and websites in any capacity, you voluntarily agree to be bound by these Terms as well as our Privacy Policy and Disclaimer. You agree that you have read (or have the opportunity to read and chose not to), understood, and consented to these terms and conditions. By using the site, you agree to the terms and conditions as stated herein regardless of whether or not you have read these terms and conditions. If you do not agree with these Terms, or the terms contained in our Privacy Policy and Disclaimer, do not use our Services or this website.
If you have any questions, please contact us at SAM@TotalMindshiftAcademy.com.
Finally, you must be at least 18 years old and be able to consent to these terms and conditions and to use this site. If you are under the age of 18, or you do not agree with these terms and conditions as stated herein please stop now and do not use this site or its content.
These terms and conditions contain an arbitration clause and require you to dispute or resolve any claim with us in arbitration. By agreeing to these terms and conditions, you agree to the arbitration clause in paragraph number 25 and voluntarily waive your right to a jury trial.
By using the site, courses, services, and/or products, you hereby agree to the following:
1. Definitions:
- "Company" ," we" ," I" ," our" , or" us" means it means Total Mindshift Academy LLC, Sam Kelley (in her capacity as CEO and managing member of Total Mindshift Academy LLC), and its subsidiaries, successors and/or assigns.
- "Content" means any and all written, visual, video, or audio information contained on TotalMindshiftAcademy.com, including, but not limited to, any and all communications received from Sam Kelley, Total Mindshift Academy LLC or its employees, or TotalMindshiftAcademy.com, and any and all written, visual, video, or audio, or downloadable material purchased, viewed, or otherwise offered on TotalMindshiftAcademy.com, such as books, courses, assessments, exercises, theories, blog posts, graphics, designs, downloads, information, templates, and materials.
- "Purchase" ," purchased" ," purchasing" ," downloading" or" download" Means any content (as defined herein) including but not limited to courses, services, memberships, and/or products you paid for, accessed, and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site (as defined herein).
- "Personal information" means information that can be used on its own or in conjunction with other information to identify, contact, or locate a single person, or to identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.
- "Site, courses, services, and/or products" means TotalMindshiftAcademy.com, content, emails, social media posts, blog posts, courses, coaching services, consultations, contracts, forms, guides, books, e-books, forms, assessments, exercises, theories, worksheets, workbooks, website materials, templates, and memberships available on this site.
- "Site" means TotalMindshiftAcademy.com, TheTotalMindshift.com and any and all of the webpages, tabs, or sub-pages, funnels, funnel hubs, software applications, Youtube videos, webinars and "content" , as defined herein.
- "You" or" your" means the user, customer, or viewer of the site.
2. Acceptable use of our websites and Services
In using our websites and Services, you may not, nor may you permit any third party, directly or indirectly, to:
If we reasonably suspect that your account has been used for an unauthorized, illegal or criminal purpose, you hereby give us express authorization to share information about you and your account with law enforcement.
3. Consent
By using the site and/or making any purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these terms and conditions, our privacy policy, and disclaimer.
By using the site and/or making any purchase you represent and warrant that you are at least 18 years old. Any use of, or access to, the site and its content by anyone under the age of eighteen (18) is unauthorized and in direct violation of these terms and conditions and the privacy policy .
4. Site rules
By using the site and/or making any purchases, you hereby agree and consent not to:
5. We Are Not Attorneys, Accountants, Medical Professionals, Mental Health Professionals, or Fiduciaries
The site, courses, services, and/or products are intended for informational and educational purposes only and are not intended as legal, financial, mental health, or medical advice by us. Transmission, purchase, use, or download of the site, courses, services, and/or products does not create, and does not constitute an agreement to create any advisory, medical, financial, or legal relationship with Total Mindshift Academy LLC. By accessing and using the site, courses, services, and/or products, such use shall constitute your agreement that the site, courses, services, and/or products are not medical, legal or financial advice, and should not be relied upon by you as such, and that no legal, financial, medical care, mental healthcare, or fiduciary relationship has been created between you and us. By accessing and using the site, courses, services, and/or products, such use shall constitute your agreement that the site, courses, services, and/or products are not medical, financial, legal, or mental health advice, and should not be relied upon by you as such, and that no financial, legal, medical or mental health advisory relationship has been created between you and us. We provide information and act as a personal development coach. We are not a medical or mental health professional, fiduciary, law firm or an attorney and do not provide professional advice. As we are not doctors, financial advisors, or attorneys, there is no professional-client/patient relationship between us and none of the communications between us are protected as confidential, attorney-client, or HIPAA regulated communications. Use of our services shall NOT create any medical, legal, or fiduciary duty or obligations, either implied or express, by any agent, affiliate or employee of the company.
By browsing, visiting, purchasing, downloading or otherwise viewing the site, courses, services, and/or products including, but not limited to, guides, documents, assessments, exercises, theories, and/or forms, you understand and agree that Total Mindshift Academy LLC and/or Sam Kelley are not your medical professionals, financial advisors, or attorneys and do not advise or represent you in any way, for any issue.
You are also not in a professional advisor-client relationship with Total Mindshift Academy or any member or affiliate of Total Mindshift Academy LLC if you email Sam Kelley or any employee, use the contact form on the site, or contact her or her team through social media or any other channels.
6. The site and its content do not constitute medical, mental health, legal or financial advice
The site and its content do not constitute legal or financial medical or mental health advice. The site, courses, services, and/or products are informational only. The site and its content are solely for informational purposes. The information on the site and its content are NOT a substitute for the advice of a local attorney, financial advisor, accountant, medical healthcare provider, mental health counselor, therapist, or care provider, or other professional licensed in your state.
Total Mindshift Academy LLC and its members or affiliates are not liable or responsible for any damages or losses which arise from the purchase or use of anything from the site, courses, services, and/or products.
7. Local medical professional, mental healthcare provider, fiduciary, or attorney review recommended and advised
We do not guarantee that the theories presented in our site(s), any course, program, service, or product offered by Total Mindshift Academy LLC cover all of your specific circumstances, issues, or concerns. We recommend you have an appropriate professional review any exercises, theories, or advice you may utilize or consider prior to using any information from us.
By making a purchase from the site, or using its courses, services, and/or products, you acknowledge that you have the right and ability to speak, consult, or seek advice from any medical or mental healthcare provider, attorney, or fiduciary licensed in your state and/or where you do business prior to purchase or download.
8. Changes to these terms and conditions
We reserve the right to change, amend, revise or otherwise alter these terms and conditions at any time without notice to you. The most current version of our Terms and Conditions will be posted on our site. By accessing this site or purchasing, downloading, or using any information on Total Mindshift Academy LLC's site, courses, services, and/or products, you implicitly and voluntarily agree to be bound by these terms and conditions as stated herein. If you do not agree with these terms and conditions, do NOT use our site, read, implement or utilize its content, or purchase any products.
9. Links to third party or external websites
The site may contain or include URL links to third party or external websites. Typically, these URL links are provided so that you may directly access a site that contains information that is relevant to the blog post or page at issue. Please note, Total Mindshift Academy LLC is not liable for any of the information contained on or within the third party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website or page. You are responsible for reading and agreeing to, or disagreeing with, the external website's privacy policy.
10. Intellectual Property Rights & Ownership
The site and its content, including our terms and conditions, privacy policy, and disclaimer, are intellectual property solely owned by Total Mindshift Academy LLC. The site and its content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by the law.
We own all rights, title and interest, in and to all Intellectual Property Rights (as defined below) in the Services and websites, and these Terms do not grant you any rights to our Intellectual Property Rights. For purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, service mark rights, goodwill, trade secret rights, and any other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
11. Our limited license to you
If you view, access, or purchase the site, courses, services, and/or products, you are considered our limited license ("license"). As a license, you agree and acknowledge, and understand that the site and its content have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, effort, and research. The site and its content are extremely valuable to us, and we take the protection of the site and its content very seriously.
You may not use the site or its content in any manner that is unauthorized, improper, against these terms and conditions, our privacy policy, our disclaimer, or which violate US intellectual property laws unless authorized by us in writing beforehand.
12. Your license to us
By commenting on the site via web-forms, social media channels, email, or text communications, or submitting documents to Total Mindshift Academy LLC via the site, email, or social media, you represent that you are the lawful owner of the information your comments or documents contain.
13. Purchase and access terms
If and when you purchase or download anything from the site, courses, services, products, or view the site's content, you agree and understand that you cannot distribute, copy, forward, or share information prohibited by these terms and conditions. This means you may not purchase or access a guide, book, document, membership, e-book, or any other material defined as content and forward, transmit, share, (by email or in person), copy, or print out any content for anyone other than yourself. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials. Any violation of these terms and conditions will be legally pursued to the fullest extent permitted by the law.
14. Sharing the site and its content
You must request and receive written permission by email or hard copy before sharing our site and its content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the site. You are required to give us the site credit by linking to the site and its content if you share it on social media or your own website. Since the site and its content are not yours, you may not in any way imply or represent that the site or its content are yours or that you in any way created, caused, or contributed to the site or its content. You may not make any claims that you are in any way associated with Total Mindshift Academy LLC without express written permission and license to do so.
15. Your assumption of risk
Purchases and use of the site, courses, services and/or products are at your own risk. As a consumer or license, you agree and understand that you are to use your best judgment in the use of our site, its content, courses, services, and/or products. You agree that your use of the site, courses, services, and/or products is at your own risk and that you assume all risks. You further agree that no results have been guaranteed by us or the site, courses, services, and/or products. It is your responsibility to determine whether the risk of purchase and utilization is worth taking.
This site is purely educational and informational in nature. You, and no one else, are solely responsible for your behavior, actions, purchases, decisions, client relationships/interactions, business decisions, and business or personal results based on the use, or misuse, of this site, courses, services, and/or products, and its content - including the expense of any purchase you make.
We are not responsible for your personal actions, decisions, indecisions, or choices at any time. You will not hold or try to hold Total Mindshift Academy LLC responsible or liable at any time for your use of the site or your purchase, download, use, or implementation of any of the Total Mindshift Academy LLC's site, courses, content, services, and/or products..
You acknowledge that you have used your own assessment of the risk when using the site or purchasing, downloading, or using Total Mindshift Academy LLC's courses, services, content, and products.
You acknowledge that you understand the terms and conditions herein, and have the right and ability to speak, consult, or work with an appropriate medical, financial or legal professional licensed in your state or where you do business prior to purchasing, utilizing or downloading anything from the site or its courses, services, content, and products.
16. No claims made regarding results
Any and all statements or examples, including but not limited to testimonials, used by us are not guarantees that you will also experience or receive the same or similar results. Each person's circumstances are unique. Given the complexity of life, emotions, business, and economy and other variables, there are many factors at play regarding whether or not your personal life or business will, among other things, improve, succeed, make money, or effect desired results. Total Mindshift Academy LLC is not responsible or liable for the success or failure of your personal or business circumstances of any kind.
17. No warranties, guarantees, or representations are made
We do not offer any warranties, of any variety, regarding the site, courses, services, and/or products, and/or your purchase, download, or implement in any way. We do not make any guarantees as to whether your purchase will be enforceable, free of mistakes, will cover all of your particular circumstances, or whether you will experience any success while using anything from the site, courses, services, and/or products, membership, purchases, and/or downloads. The site, courses, services, and/or products, and/or your purchases or downloads are offered "AS IS" and without warranties of any kind, express nor implied.
18. Your release of us
By using the site or purchasing, downloading, or using Total Mindshift Academy LLC's or Sam Kelley’s courses, services, and products, including, but not limited to, theories, exercises, assessments, guides, and techniques, you agree to release, forgive, and forever discharge Total Mindshift Academy LLC, its members, subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
19. Errors and emissions regarding purchases and content
Every effort is made to provide up-to-date accurate information in the site, courses, services, and/or products, membership, purchases, and/or downloads, blog posts and on various information pages contained on or linked in the site. However, due to ever-evolving methods, studies, and research, Total Mindshift Academy LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with an appropriate professional of your own to ensure that all information you receive, act upon, or rely on is accurate and up-to-date.
20. SMS/Text Messaging
By providing your mobile phone number and checking that you wish to receive communications, you are consenting to receive Short Message Service (SMS)Text messages from us. The SMS/Text messages you may receive service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.) events and promotions, specials, and other marketing offers (e.g., cart reminders) through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. SMS/Text messages may be sent using an automatic telephone dialing system or other technology.
Message frequency varies. Standard message and data rates may apply from your wireless provider and you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
Your participation in this program is completely voluntary and you can Opt-Out at any time by submitting an inquiry on our website or emailing our support team.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent via SMS/text message, or any errors in such information, and/or any action you may or may not take in reliance on the information received via SMS/text message.
21. Termination of Services, Access, or Use
a. Termination by us. At our sole discretion, we may terminate our services, or your use or access to the site, courses, services, and/or products, and purchase, membership, or software applications at any time. Reasons for termination may include, but are not limited to: 1) your failure to provide accurate, complete and current information for your account; 2) the inability to locate you after reasonable efforts are made; 3) your failure to pay for your Services; 4) suspected illegal activity; and 5) any other lawful reason including but not limited to abuse, violation or breach any of these terms and conditions, or those found in our privacy policy, disclaimer, or any other term to which you have agreed to have agreed to.
b. Termination by you. You may terminate a Service or Services at any time. There are no fees to cancel, but upon cancellation of services, you may be required to pay any past-due balances related to such services, unless otherwise specified in this agreement.
When any Service with us is canceled or terminated, you acknowledge and agree that:
22. How to Terminate or Cancel a Service
To terminate, cancel or end a service with us and no longer receive access or invoices, you are required to login to your client portal and request cancellation of a service with us directly, so you can read and agree to the end of service terms.
23. Our refund policy
Of course, Total Mindshift Academy LLC wants its customers to be happy! However, due to the hard costs and/or downloadable nature of our proprietary courses, services, and products, we are unable to offer you a refund once you have purchased materials or content. By purchasing and/or downloading any of our courses, services, and products, you agree and understand that sales are final and that no refunds will be given unless otherwise stated within an offer.
If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Sam@TotalMindshiftAcademy.com.
24. Indemnification
You agree to protect, defend, indemnify and hold us harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses for litigation and/or arbitration) suffered or incurred by us, including, without limitation, any claim arising from:
25. Dispute Resolution by Binding Arbitration and Class Action Waiver
Most customer concerns can be resolved quickly by emailing us at SAM@TotalMindshiftAcademy.com. You can also call us at (480) 447-8422.
If you have any complaint or should any issue arise in the use of the site or Total Mindshift Academy LLC's courses, services, content and/or products, please contact us directly first by emailing Sam@TotalMindshiftAcademy.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Total Mindshift Academy LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s rules.
In the unlikely event that we are unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration. You agree that any arbitration pursuant to these Terms will be on an individual basis, and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. You further agree that class arbitrations, class actions and consolidation with other arbitrations will not be allowed. All disputes and claims between us will be heard by a single arbitrator.
By agreeing to this term, you hereby agree and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this arbitration clause. Should any arbitration hearing need to be held, it shall be within 20 miles of Phoenix, Arizona
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court. The only award that can be issued to you is a refund of any payment made to Total Mindshift Academy LLC for the applicable product or service you purchased. You are not permitted to seek additional damages, including consequential or punitive damages.
26. Consent and governing law or choice of law
These terms and conditions, privacy policy, and any dispute arising out of either or both, shall be governed by the laws of the State of Arizona
27. Consent to jurisdiction
You hereby irrevocably consent to the exclusive jurisdiction and venue of any federal court in the United States district court for the district of Arizona or a state court located within Maricopa County, state of Arizona in connection with any matter arising out of these terms and conditions, privacy policy, disclaimer, or as a result of your use, download, or purchase from the site, courses, services, and/or products.
28. Consent to service
You hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the state of Arizona for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the state of Arizona.
29. Limitation on Time to Initiate a Dispute
You agree that any action or proceeding by you relating to any dispute must commence within one year after the alleged cause of action accrues.
30. Your privacy and security on the site
Please read our privacy policy for privacy information.
31. Payment and purchases
When you purchase or download one of our courses, services, and products from the site, you may choose to pay via PayPal or credit card. By doing so, You give Total Mindshift Academy LLC and the site permission to automatically charge your credit card, debit card, Crypto wallet, or PayPal account for payment of your purchased courses, services, and products. You will receive an electronic receipt following your purchase, which you should retain for your records.
32. Auto-Pay Election
Some of our Services are billed via an automatic payment feature unless you choose to opt out of this feature within your client account. Customers who opt-out will be invoiced for payment. All accounts using auto-payment must provide us with valid and current credit card or payment method information and you agree that we are authorized to charge such payment method for all purchased Services as well as fees incurred in providing you with Services.
Specifics Regarding Auto-Pay Features:
Declined Payments/Collections:
Like any other functioning business, we take all necessary actions to collect the money owed to us. That being said, we will always do our best to treat each client with the respect they deserve. To that end, this section addresses how we handle declined payments and collections, and also outlines what you are agreeing to as our client.
If you are enrolled in an autopay service, we’ll charge whatever payment methods are stored in your online account. If all methods fail or there is not a valid method saved, we may suspend your account and require payment in order to reinstate services or in order to cancel your services. While we personally find the idea of collections unappealing, we reserve our right to use legal action and collection agencies if deemed necessary.
If we don’t receive payment (“Non-Payment”), you agree to pay all amounts due upon demand to resume or cancel your Service(s). You also authorize the Company to charge any and all outstanding fees and penalties that become due as a result from such Non-Payment. Additionally, following any such Non-Payment, you will not be eligible for monthly-billing or partial payments until your account is brought current. Non-
Payment may also result in delayed services which include but are not limited to: locked documents, non-filing of compliance documents and the processing of additional orders.
You agree that you are liable for all third-party collection agency recovery fees and charges. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. By failing to notify the Company of billing problems or discrepancies you agree that you waive your right to dispute such billing discrepancies. We may modify the price, content, or nature of the Service(s) at any time.
We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on our website.
If you elect the installment or "pay over time" option at checkout, you agree that Total Mindshift Academy LLC has permission to automatically charge, without checking or corresponding with you before each transaction, the amount due at the time agreed upon at checkout.
If you elect the installment or "pay over time" payment option at checkout, and your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our courses, services, and products. Please note in the event your credit card or PayPal account is declined at any time, you are still responsible for the full cost of the courses, services, and products.
We do not accept any charge back threats parentheses parentheses real or threatened parentheses. If any chargebacks are placed on a purchase or download of our courses, services, and products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment mode is received, we will make the appropriate reports to the credit agencies.
Payment processing companies and merchants may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies and merchants. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us, our payment processing services, and merchants from any and all damages in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase or use of our site and its content.
33. Limitation of liability
Total Mindshift Academy, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from the information you receive from the site, or its courses, services, and products, and purchases/downloads. We do not assume liability for damages, lost profits, delays, business losses, business disputes or losses this disputes or lawsuits, injuries, harm, death, misuse of (or failure to properly use) information or documents, or documents, do to any act, or failure to act, of you or any business you owner operate, are employed by, or are in any way a part of. In the event you utilize, download or purchase anything from our site or one of our courses, services, content and products, we are in no way responsible or liable.
34. Defense and indemnification
You Waive and Release any Claims and Agree to Hold Us Harmless and Indemnify Us. You shall come at all times, indemnify, defend, and hold harmless Total Mindshift Academy LLC, Sam Kelley, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, and licenses from and against all losses, damages, injuries, delays, delays, deaths, lost profits, and expenses arising out of any proceedings, (A) bought by either a third party or by Total Mindshift Academy LLC, its members, affiliates or subsidiaries (B) arising out of your breach of your obligations, representations, warranties, or covenants under these terms and conditions or the privacy policy; and (C) arising out of any alleged breach said to have been committed by Total Mindshift Academy, LLC.
35. Waiver, Severability & Assignment
Our failure to enforce a provision of these Terms is not a waiver of our right to do so at a later date. If a provision of these Terms is found to be unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may assign your rights and obligations under these Terms provided we receive prior written notice of, and approve of, such assignment. We will not unreasonably withhold our approval. We may assign our rights or obligations to any successor in interest of any business associated with the Services.
36. Disclaimer of Warranties & Limitation of Liability
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OF THIS SITE AND OUR SERVICES ARE PROVIDED “AS-IS” WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.
37. Force Majeure
We shall not be considered to be in breach or default of these Terms, and shall not be liable for any cessation, interruption, or delay in the performance of our Services or other obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or of the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, public utility disruption, malware, lockout, boycott or other similar even that is beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than sixty days in the aggregate, we may immediately terminate our Services and shall have no liability for, or as a result of, any such termination.
38. Contact
If there are any questions regarding these terms and conditions, you may contact us you may contact us using the following information:
39. Entire Agreement
These terms and conditions, Disclaimer, and our privacy policy - link, constitute the entire agreement between you and us with respect to the site, courses, services, and/or products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the site, courses, services, and/or products. These Terms create no third party beneficiary rights.
Copyright © 2022 THE TOTAL MINDSHIFT - All Rights Reserved.
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