Terms of Service for BionicMindMethod.com
Introduction
Welcome to BionicMindMethod.com. This website is owned and operated by Riley Holland. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of March 15, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any BionicMindMethod.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Riley Holland, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Riley Holland and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
Return and Refund Policy
Products and services purchased from Bionic Mind Method are not returnable or refundable after purchase.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Riley Holland or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Riley Holland will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on BionicMindMethod.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Riley Holland, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Riley Holland.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Riley Holland. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, RILEY HOLLAND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Training, coaching and product terms & conditions
Cancellation policy: You may cancel your monthly subscription at any time. To do so, you can use the cancellation link in your confirmation email, or contact me.
Refund policy: No full or partial refunds are available once payment has been made.
If you participate in any group video sessions, you agree to be recorded (so that other students can watch later).
It’s your responsibility to check with your physician to determine that this training is right for you. It’s your responsibility to ensure your own health and safety and determine your own involvement. You understand that you are free to opt out of any exercise that might not be suitable for you.
This training does not qualify or endorse you in any way, unless specifically agreed in writing.
We may terminate your access to the site, product or training without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Information given is not intended to be specific professional advice, and should not be relied upon as all-inclusive or accurate.
All materials are provided “as is” without warranties of any kind, either express or implied.
Under no circumstances shall I be liable for any damages that result from the use of this training, even if advised of the possibility of such damages. In no circumstances shall my total liability to you for all damages, losses and all causes of action exceed the amount paid by you for the training.
The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email or postal mail will be made to those affected by the change. Any changes to our privacy policy will be posted on our site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
By purchasing and taking part in any Bionic Mind Method training programs, you also agree to the following statements:
You understand that you are participating in methods of movement and bodywork offered by Riley Holland, during which you will receive information and instruction. You recognize that this involves physical exertion which may be strenuous and may cause physical injury, and you are fully aware of the hazards involved.
You understand that it is your responsibility to consult with a physician prior to and regarding my participation in these training programs. You represent and warrant that you are physically fit and have no medical condition which would prevent my full participation.
You agree to assume full responsibility for any risks, injuries or damages, known or unknown, that you may incur as a result of utilizing the training programs. You knowingly, voluntarily and expressly waive any claim you may have against Riley Holland for injury or damages that you may sustain as a result of utilizing the training programs.
If you experience pain or discomfort during live training sessions, you will immediately inform Riley so that the session can be adjusted to your level of comfort. You will not hold Riley Holland responsible for any pain or discomfort you experience during or after your session, or your use of the training programs.
You understand that the services offered are not a substitute for medical care. You understand that Riley Holland is not qualified to diagnose, prescribe, or treat physical or mental illness.
You affirm that you have notified Riley Holland of all known medical conditions and injuries if you are working with him one-on-one. You agree to inform Riley Holland of any changes in my health and medical condition. You understand that there shall be no liability on Riley Holland’s part should you forget to do so.
You understand that sessions with Riley Holland are entirely recreational and non-sexual in nature.
By purchasing sessions or training, or accessing and using these services, you hereby waive and release Riley Holland from any and all liability, past, present, and future relating to these sessions, training programs, and bodywork.
You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue Riley Holland for any injury caused by their negligence or other acts.
You understand that should you cancel an appointment less than 24 hours before the scheduled time or “no show” an appointment, you are subject to a fee equal to the cost of the missed appointment. If the appointment was booked under a gift certificate, it will be voided in lieu of the fee.
You understand that your monthly subscription can be canceled any time by submitting a request to Riley Holland , or by clicking the cancelation link in my confirmation email. Once a monthly payment has been processed, you understand that no refunds are available.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
riley [at] bionicmindmethod [dot] com.