Terms & Conditions
The MindFuel.me website, (“Mindfuel.me“) is run by the folks at Life Extraordinaire Ltd (“Life Extraordinaire“). We created MindFuel.me to further the enhancement and development of other people's lives through self-awareness, coaching, research, supervision, mindfulness and consulting. It is unacceptable to use the services or products for spam, viruses, or hate content, or anything that might hurt MindFuel.me, Life Extraordinaire or anyone else. If you find someone who is behaving in a bad way, please report it to us via http://wwwmindfuel.me/contact-me.html
This TOS is based on the one at http://en.wordpress.com/tos/– so thanks very much to the kind people at WordPress.com for allowing the world to re-use their content via a Creative Commons Attribution-Sharealike license. So, this TOS is therefore under the same licence.
This is quite legal jargon heavy but we have to say this so please bear with us.
Terms of Service
The following terms and conditions govern all use of the MindFuel.me services and products. For extra clarification this relates to not just the content (MP3, Video, Print, one to one sessions or digital media) we provide, but also the web-service behind it and the MindFuel.me websites.
Please read this Agreement carefully before accessing or using any part of MindFuel.me. By accessing or using any part of MindFuel.me, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access MindFuel.me or use any services or products. If these terms and conditions are considered an offer by Life Extraordinaire, acceptance is expressly limited to these terms. MindFuel.me is available only to individuals who are at least 13 years old.
You agree to indemnify and hold harmless Life Extraordinaire, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of MindFuel.me, including but not limited to your violation of this Agreement. It goes without saying that MindFuel.me products and services should not be used while driving or similar activity which requires your full concentration. You also acknowledge that you are responsible for your own health and body and that it is your responsibility to ensure that any meditation you undertake is at your own risk and that while some meditation products are designed for therapeutic use MindFuel.me is not, therefore if you have any clinical mental health issues or are in doubt you should contact your doctor or therapist for alternative courses of action. You acknowledge that the usage of MindFuel.me does not guarantee an improvement in wellbeing. You acknowledge that meditation, walking and exercise can be tiring and cause your body to perspire and you take on the risk of your perspiration damaging any equipment you utilise whilst using MindFuel.me (including but not limited to your mobile device and associated peripherals). It is up to you to protect against such damage.
2. Limitation of Liability
In no event will Life Extraordinaire, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Life Extraordinaire under this agreement during the twelve (12) month period prior to the cause of action. Life Extraordinaire shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
3. Fees and Payment
Some products and services will be made available for a fee.
4. Intellectual Property
This Agreement does not transfer from Life Extraordinaire to you any Life Extraordinaire or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Life Extraordinaire. Life Extraordinaire, MindFuel.me, the MindFuel.me logo, and all other trademarks, service marks, graphics and logos used in connection with MindFuel.me, or MindFuel.me are trademarks or registered trademarks of Life Extraordinaire or Life Extraordinaire licensors. Other trademarks, service marks, graphics and logos used in connection with Safe Space Coaching may be the trademarks of other third parties. Your use of MindFuel.me grants you no right or license to reproduce or otherwise use any Life Extraordinaire or third-party trademarks.
4. Disclaimer of Warranties
MindFuel.me is provided “as is”. Life Extraordinaire and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, wellbeing and non-infringement. Neither Life Extraordinaire nor its suppliers and licensors, makes any warranty that MindFuel.me will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, MindFuel.me at your own discretion and risk.
Life Extraordinaire reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to MindFuel.me following the posting of any changes to this Agreement constitutes acceptance of those changes. Life Extraordinaire may also, in the future, offer new services and/or features through MindFuel.me(including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Life Extraordinaire may terminate your access to all or any part of MindFuel.me at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MindFuel.me account (if you have one), you may simply discontinue using MindFuel.me. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. MindFuel.me data
8. General Representation and Warranty
You represent and warrant that
(ii) your use of MindFuel.me will not infringe or misappropriate the intellectual property rights of any third party.
This Agreement constitutes the entire agreement between Life Extraordinaire and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Life Extraordinaire, or by the posting by Life Extraordinaire of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of MindFuel.me will be governed by the laws of England, Great Britain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in England, Great Britain. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Life Extraordinaire may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.