1.1 AGREEMENT BETWEEN USER AND Mind Focused Coaching
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.
This User Agreement (“Agreement”) is made between you and Mind Focused Coaching (“Bestmindsassociates.com” “Web site” “site” “We” or “Our”). Your use of this web site, including without limitation, all of the pages, page headers, images, illustrations, graphics, audio clips, video clips, software, content and text (hereinafter, “Web Site” or “Bestmindsassociates.com”), is governed by these terms and conditions. By using the Web Site, you agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1.2 Nature of Agreement.
We reserve the right to change the Terms at any time and to notify you by posting an updated version of the Terms on the Web Site. You are responsible for regularly reviewing the Terms. Continued use of the Website after any changes to the Terms shall constitute your consent to such changes. We also reserve the right to change the Website at any time and in any manner as determined by us in our sole discretion.
1.4 Eligibility and Intended Users
You represent and warrant that you have reached the age of majority in the state in which you live and do business. The material on Bestmindsassociates.com is published by Mind Focused Coaching as a service to its customers, hereinafter referred to as (“CLIENTS”). Designation as a “CLIENT” is subject to submission and acceptance of an entirely filled out Sales Contract. Acceptance of the contract is at the sole discretion of Mind Focused Coaching. Mind Focused Coaching and its affiliates make no claims that the information contained on Bestmindsassociates.com is appropriate for all jurisdictions; if you access Bestmindsassociates.com from outside the United States of America, you do so at your own risk. You are responsible for compliance with the laws in your jurisdiction.
1.5 Product and Service Descriptions
Mind Focused Coaching makes every attempt to provide you with accurate information. However, we do not warrant or guarantee that product and service descriptions or other contents of Bestmindsassociates.com are accurate, complete, reliable, current, or error-free. The Bestmindsassociates.com website exhibits images and texts that are designed and intended solely to fit publishing creativity. Bestmindsassociates.com may also post tutorials intended solely to assist clients's in understanding and achieving their business objectives. These images, texts and tutorials are NOT commercially binding terms.
Best Minds Associatess shall not be responsible for delays and failures in performing its obligations when it cannot complete its obligations due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of product supply, or government decrees or orders.
1.7 Electronic Signatures
By clicking the “Submit” button on the Application Agreement Screen which can be found at the bottom of the Application Agreement screen, you acknowledge that you understand and agree to be legally bound by the Mind Focused Coaching Application Agreement, Terms and Conditions, and all terms, conditions and notices contained, incorporated and referenced therein. Clicking the Submit button on the Application Agreement Screen creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking the “Submit” button on the Application Agreement Screen indicating your acceptance of the Application Agreement, you also consent to have the Application Agreement provided to you in electronic form and agree to receive information about your account electronically. Mind Focused Coaching reserves the right to send you information about your account by postal mail or by any other means.
3. Information Policy
3.1 Personal Business Data
Mind Focused Coaching is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Mind Focused Coaching.
4. Copyright and Other Intellectual Property Rights
4.1 Copyright/ Trademark
All Site design, text, graphics, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations and software are owned solely and exclusively by Mind Focused Coaching, or its content suppliers and protected by U.S. and international copyright and/or trademark laws. The compilation of all content on the Site is the exclusive property of Mind Focused Coaching and protected by U.S. and international copyright laws. The contents of the Site are Copyright © 2010 Mind Focused Coaching. ALL RIGHTS RESERVED. No site material may be in part or entirely copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Mind Focused Coaching.
Mind Focused Coaching, Bestmindsassociates.com, the Mind Focused Coaching logo, slogans, all Mind Focused Coaching products and service names and logos, all other Mind Focused Coaching graphics, page headers, button icons, logos, scripts and service or product names are trade names and trademarks of Mind Focused Coaching in the United States and/or other countries.
4.3 License and Site Access
4.4 Copyright Complaints
Mind Focused Coaching respects the intellectual property of others. Following is our Notice and Procedure for making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Mind Focused Coaching that your material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mind Focused Coaching Agent for Notice of copyright or other intellectual property infringement can be reached as follows:
5. Warranties, Liabilities, and Disclaimers
5.1 Disclaimer of Warranties
Mind Focused Coaching MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE WEB SITE FOR ANY PURPOSE. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Mind Focused Coaching HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Without limiting the generality of the foregoing you acknowledge and agree that Mind Focused Coaching:
- does not represent or warrant that the site will be uninterrupted or error-free, that defects will be corrected, or that the site, or the servers that makes it available, are free of viruses or other harmful components;
- does not represent or warrant that the use or the results of the use of the site will be correct, accurate, timely, or otherwise reliable;
- shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the site;
- Shall not be responsible for any loss due to payments to unintended users due to the input by you of incorrect information or for payments in incorrect amounts.
5.2 Limitation of Liability
IN NO EVENT SHALL Mind Focused Coaching BE LIABLE FOR ANY DIRECT DAMAGES OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL Mind Focused Coaching BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY OF ITS SUPPLIERS OR ANY OTHER
USERS OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY BE LIMITED BY LAW IN YOUR JURISDICTION TO THE EXTENT THAT SUCH LAWS APPLY TO THESE TERMS.
You agree to indemnify and hold Mind Focused Coaching its shareholders, subsidiaries, affiliates, directors, officers and employees, harmless from any loss, claim, demand, or damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable attorneys' fees, asserted by any Third Party due to or arising out of your business or your conduct on the Web Site or due to any transactions or activities that you otherwise engage in with any Third Party.
5.4 No Endorsements.
No endorsement or approval of any Third Parties or their advice, opinions, information, products or Services is expressed or implied by Mind Focused Coaching including, without limitation, there being no endorsement or approval of any merchant or other Third Party that accepts payments from you.
This Web Site and the provision of the Services are provided by Mind Focused Coaching from its offices in Pittsburgh, Pennsylvania, USA. The Web Site and its services will be governed by and constructed in accordance with the laws of the commonwealth of Pennsylvania and the laws of the United States of America applicable therein, without giving effect to any principles of conflict of laws.
5.6 Agreement to Mediate and Arbitrate Disputes
You agree that if any claim, dispute, question or difference arises, to first try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures with mediation to occur in Pittsburgh, Pennsylvania. If a solution is not reached through mediation within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be heard by three arbitrators, and it shall take place in Pittsburgh, Pennsylvania. Said arbitration shall be binding on the parties any successors and assigns, and judgment on the award rendered by the arbitrators may be entered in a court of competent jurisdiction. You understand that this mediation and arbitration provision means you are giving up the right to have any dispute you have regarding this agreement heard by a jury and determined in a court of law. Best Minds Associatesreserves the right to seek emergency or provisional relief in the General Court of Justice, Pittsburgh, Pennsylvania prior to invoking the mediation or arbitration remedy. Pennsylvania law shall govern this agreement. If you become involved in a claim or dispute, you agree that you will not disclose to any other person not directly involved in the mediation or arbitration process (a) the substance of, or basis for, the claim or dispute; (b) the content of any testimony or other information obtained through the dispute resolution process; or (c) the resolution (whether voluntary or not) of any matter that is subject to the dispute resolution process. However, nothing in the Rules shall preclude a party from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery.
5.7 Assignment and Delegation.
You expressly agree that you may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without Mind Focused Coaching prior written consent. Any attempt to assign or delegate without such consent will be void.
5.8 Non Solicitation Agreement
You agree that you will not encourage, solicit, or otherwise attempt to recruit or persuade any Mind Focused Coaching employee or agent to compete with the business of Mind Focused Coaching. This covenant shall survive after any eventual expiration or termination of your contract with Mind Focused Coaching.