Thank you for visiting the website of Mind Over Body LLC: mindoverbody.me (hereinafter, the “Website”.) Please read the following information carefully prior to using this Website or purchasing a product from us, as these terms and conditions govern your use of this Website. By using this Website, downloading digital products, or purchasing a product from us you are acknowledging and accepting these terms and conditions.
These Terms & Conditions are subject to change by Mind Over Body LLC (hereinafter “Mind Over Body,” “us,” “we,” “our,” or “COMPANY”) at any time and at our discretion without notice. Your use of this Website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms & Conditions each time you use this Website.
Please also read carefully, and note the MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION below.
1. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
Mind Over Body DOES NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN.
2. Websites Notice Regarding Medical Advice And Content
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an educational service that provide general health information and is intended only to assist users in their diet and exercise plan. Mind Over Body is not a medical organization and Mind Over Body’s staff will not give you medical advice or diagnosis. If you are pregnant or breastfeeding, you should consult your doctor before starting any diet or exercise programs. Nothing contained on this Website should be construed as medical advice or diagnosis. The information and materials provided by Mind Over Body should NOT be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party products or services.
3. Intellectual Property Rights Ownership
All Website content and materials (“Website Materials”) available on this Website are the property of Mind Over Body, its affiliates, licensors, or the designated owners and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Mind Over Body, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Website Materials.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website or any of Mind Over Body’s other Websites is strictly prohibited without the express written permission of Mind Over Body. For information on requesting such permission, please contact Mind Over Body using the contact information listed in the section entitled “Contacting Us”.
4. Product Delivery/Membership Site/Conduct
5. Third Party References/Hyperlinks
This Website and/or any of Mind Over Body’s other Websites may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Mind Over Body, and you acknowledge that Mind Over Body is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
6. Contacting Us
Questions regarding these Terms & Conditions should be directed via email to firstname.lastname@example.org or mail at the following address:
Attention: Mind Over Body LLC
6635 N Baltimore Ave, Ste 266
Portland, OR 97203
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of Mind Over Body to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Mind Over Body by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Mind Over Body arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were Mind Over Body to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE CONTENT PROVIDED ON THIS WEBSITE OR ANY OF ITS OTHER WEBSITES. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY CONTENT OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH CONTENT. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE CONTENT ON THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. COMPANY IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM ITS WEBSITES THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITES, HAVE EXPIRED, OR HAVE BEEN REMOVED.
BY USING THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH ANY OF THE WEBSITES OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON ANY OF THE WEBSITES, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.
You agree to defend, indemnify and hold harmless Mind Over Body and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising out of or in connection with your use of this Website, any of Mind Over Body’s other Websites, and all products, offerings or services of Mind Over Body. You also agree to indemnify and hold harmless Mind Over Body and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms regarding online conduct, breach of these Terms & Conditions, or dealings or transactions with other persons resulting from your use of this Website, any of Mind Over Body’s other Websites, and all products, offerings or services of Mind Over Body.
11. Governing Law and Jurisdiction
This Website, Mind Over Body’s other Websites, these Terms & Conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of law principles. You hereby consent to binding arbitration in the State of Oregon to resolve any disputes arising under these Terms & Conditions.
12. Arbitration of Disputes
(a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of this Website, products purchased from this Website, or these Terms & Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in in Multnomah County, OR, USA. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of in Multnomah County, OR, USA. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.
(b) In the event of a dispute that proceeds to arbitration, the parties agree to split the costs charged by an arbitrator 50/50 (with each party being liable to pay half of the arbitrator’s bill for time spent on the case). The Parties shall each bear the cost of their own attorney’s fees, arbitration filing fees, and all other third party fees, except as specified herein for splitting the cost of the arbitrator’s time.
13. Class Action Waiver