Mind in Motion Terms of Service

A user-friendly interface to our Terms of Service.

As an account holder on mindinmotion-online.com (MIMO) and/or a purchaser of apps, courses, digital media, membership, or services, or any combination thereof, you’re a member of the mindinmotion-online website community.

Your purchase or membership provides you with specific and limited access to multimedia resources, online classes, forums, and other benefits of a digital media, educational services, or memberships that you signed up for and/or purchased, all of which are subject to the terms and conditions contained in and specified by the Mind in Motion Online Terms and Conditions of Services document.

Free MIMO account:

A free membership entitles you access to the lesson locator along with specific and limited access to multimedia files, forums, teleseminars, educational services, and projects as set forth in your membership agreement.

Purchase, Paid Membership, and Course Enrollment:

Each purchase, membership, and course enrollment entitles you access all the benefits of a free account along with specific and limited multimedia files, forums, teleseminars, and educational services, as set forth in your membership or course agreement.

Use or distribution of of any MIMO content  in violation of the terms and conditions of membership contained in this document will result in termination of your membership, without refund.

In providing the infrastructure and support for fostering a community of learners, we believe that respect and kindness are necessities for creating a safe place for learning. In that spirit, we require that interactions be civil and considerate, as bad behavior is also grounds for termination of your membership.

Mind in Motion Online
Terms and Conditions of Services

Use and enjoyment of services (“Service”) from mindinmotion-online.com (”MIMO”), owned and operated by Mind in Motion, is provided to you (”you” or “Member”) under the MIMO Membership Terms and Conditions of Service (”Terms and Conditions of Service” or “Agreement”).

MIMO reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service.

Continued use of the Service after any such changes shall constitute your consent to such changes.

Member can review the most current version of the Terms and Conditions of Service at any time at this URL:

       http://mindinmotion-online.com/termsofservice

Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk and your use of the service signals your acknowledgement of that risk.

1. Membership and Account Terms

As an account holder on mindinmotion-online.com (MIMO) and/or a purchaser of apps, courses, digital media, membership, or services, or any combination thereof, you’re a member of the mindinmotion-online website community. Your purchase or membership provides you with specific and limited access to multimedia resources, online classes, forums, and other benefits of a digital media, educational services, or memberships that you signed up for and/or purchased, all of which are subject to the terms and conditions contained in this document.

Mindinmotion-online.com is a membership website. Use of enjoyment of Membership benefits, such as product access, updates, multimedia resources, support, training and other benefits of Membership are provided to Members only.

Free MIMO account:

A free membership entitles you access to the lesson locator along with specific and limited access to multimedia files, forums, teleseminars, educational services, and projects as set forth in your membership agreement.

 

Purchase, Paid Membership, and Course Enrollment:

Each purchase, membership, and course enrollment entitles you access all the benefits of a free account along with specific and limited multimedia files, forums, teleseminars, and educational services, as set forth in your membership or course agreement.

You are responsible for updating your information, including usernames, email address and credit card information (as applicable) in a timely manner.

  • By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS. MIMOis not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using MIMO even though you are under 13, we will deactivate your account.

    If you are a school or teacher in the United States and want your students, who are over 13, to use MIMO, including in conjunction with the establishment of a MIMO account for a school or a group of students at the school, you agree that you are responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). This means you must notify those students’ parents or guardians of the personally identifiable information you will collect and share with MIMO and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them.

    If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, by using our services you agree that you will be responsible for complying with such laws.

 

  • Members are responsible for maintaining the security of accounts and passwords. MIMO cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  • Members are responsible for all Content posted and activity that occurs under your account.

  • Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).

2. License, Acknowledgements and Warranties

MIMO Members submitting content in forums grant MIMO the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of MIMO’ products and services (and as promotion of same).

No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems.

Member shall indemnify and hold harmless MIMO, its affiliates and employees, and those licensed or otherwise authorized by MIMO to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content.

3. Modification to the Service and Prices

MIMO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at anytime.

MIMO shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

4. Payments, Refunds & Cancellation

Payment — A valid credit card or PayPal account, a check issued by US bank, direct bank transfer, or wire transfer is required for any initial purchase and all upgrades or additional products or services.

Registration — Enrollment is on per course basis. Tuition is not available on a prorated basis, which means that when you register a program, you are enrolled for the entire course. By registering for any course, class, workshop, training program, or any other learning program, live or online, you agree and accept that there will be no credits or refunds for any missed classes.

Cancellation of enrollment — By registering for a postgraduate course - live, online, or blended - you acknowledge that $150.00 (one-hundred fifty dollars) of your tuition, per module, is a non-refundable down payment. By registering for a public workshop - live, online, or blended - you acknowledge that $50.00 (fifty dollars) of your tuition, per module, is a non-refundable down payment. MIMO reserves the right to set another amount as the non-refundable down payment; should this be the case, the amount of the down payment will be clearly displayed on the website and stated on the payment confirmation email you receive. By registering for any course, you agree to the down payment set forth. Should you notify us that you want to cancel your enrollment between the day of enrollment and up to 31 (thirty-one) days before the first class, you will receive a refund of your tuition minus the down payment. For any cancellation from 30 (thirty) to 7 (seven) calendar days prior to the first day of class, 50% (fifty percent) of the remaining paid tuition will be refunded. No refunds will be given for any cancellations received after 7 (seven) calendar days before the course began.

No-risk guarantee for courses — This guarantee is available only for courses where it is explicitly offered on the website; it is not automatically for every program MIMO offers. If you enroll in a post-graduate program and inform us you are not satisfied any time before the end of class on the third day of the first module, we will refund 100% (one hundred percent) of your tuition. If you enroll in a public workshop and inform us you are not satisfied any time during the first half of the workshop, we will refund 100% (one hundred percent) of your tuition. MIMO reserves the right to establish another cut-off time for this guarantee; should that be the case, the cut-off will be clearly stated in the course promotion and in your payment confirmation. No matter when the established cut-off is, you are eligible for the discount, if and only if you have attended at least 90% (ninety percent) the course until the time you request a refund.

No-risk guarantee for digital products — Unless otherwise stated on the website, you have 30 (thirty) days from the date of purchase to request and receive a full, 100% (one hundred percent) refund for any digital media product you purchased from MIMO.

5. Term

Term of membership is for a set period of from date of purchase as long as Member continues to use MIMO services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership.

6. Access

During the Term, you are authorized to access the MIMO website solely to access digital products you have paid for or been free access to, participate in programs and projects, manage your account(s), or as otherwise authorized by MIMO in writing. You agree that you will not use the Service or any content therein or data obtained therefrom for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by MIMO. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by MIMO, if any, or authorized in advance and in writing by MIMO (for example, MIMO-approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by MIMO.

7. Indemnity and Limitation of Liability

Member will indemnify and hold harmless MIMO and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by MIMO to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties in the Membership Agreement, including these Terms and Conditions.

NO SERVICE, PROGRAM, OR PRODUCT PROVIDED BY MIMO IS A REPLACEMENT OR SUBSTITUTE OF MEDICAL TREATMENT. CONSULT YOUR PRIMARY CARE PHYSICIAN  OR RELEVANT MEDICAL SPECIALIST BEFORE BEGINNING ANY MIMO PROGRAM TO MAKE SURE YOU ARE SUFFICIENTLY FIT AND HEALTHY TO PARTICIPATE WITHOUT ENDANGERING OR HARMING YOURSELF OR OTHERS.  

MIMO SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF MIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL MIMO BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO MIMO FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.

8. Cancellation and Termination

MIMO, in its sole and entire discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MIMO service, for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. MIMO reserves the right to refuse service to anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of MIMO.

If Member is dissatisfied with any aspect of the Service(s) after the 30-day refund period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed.

Reasons for MIMO’s determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if MIMO believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if MIMO believes Member conduct may be harmful to other members or licensees who participate in (or offer to its users) any Mind in Motion Site (and/or any part thereof).

All decisions made by MIMO in this matter will be final and neither MIMO nor any of the MIMO Entities shall have any liability regarding such decisions.

9. Force Majeure

If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, MIMO shall not be liable for any resulting failure to provide services hereunder.

10. Notices

Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to MIMO, such notices shall be addressed to [email protected] or to Mind in Motion POB 2778 Santa Cruz, CA, USA 95063-2778. If to Member, such notices shall be addressed to the electronic or mailing address specified here. It is the applicant’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section.

11. Governing Law, Venue and Attorneys Fees

The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States and the State of California. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the city of Santa Cruz, California. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

12. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service’s products and services, including, without limitation, the Service Web Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Member Terms of Service and in any Programs Terms by clicking on the “I Accept” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “I Accept” button, you accept the Agreement, including, without limitation, the Programs Terms and agree to the terms, conditions and notices contained or referenced therein. When you click on the “I Accept” button during registration, you also consent to have the Agreement provided to you in electronic form. You have the right to receive the Agreement in non-electronic form.

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including, without limitation, a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing

program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain the electronic Agreement.

 

13. General Conditions

  1. Each Member uses the Service at Member’s sole risk. The Service is provided on an “as is” and “as available” basis.

  2. Technical support is only available via the support forum.

  3. Member must not use any MIM digital products in a manner not permitted by the terms of Member’s membership level, and must not distribute any MIMO digital products to third parties by any means, including but not limited to posting download links at public or private forums, websites, peer-to-peer networks, torrents, or email lists. MIMO reserves all rights with respect to its intellectual property, and all remedies, in law and in equity.

  4. Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MIMO, or any other MIMO service.

  5. Member agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MIMO.

  6. MIMO may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MIMO clients, employee, member, or officer will result in immediate account termination.

  8. MIMO does not warrant that

    1. the service will meet your specific requirements,

    2. the service will be uninterrupted, timely, secure, or error-free,

    3. the results that may be obtained from the use of the service will be  accurate or reliable,

    4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and

    5. any errors in the Service will be corrected.

  9. Member expressly understands and agrees that MIMO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MIMO has been advised of the possibility of such damages), resulting from:

    1. the use or the inability to use the Service;

    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

    3. unauthorized access to or alteration of your transmissions or data;

    4. statements or conduct of any third party on the service;

    5. or any other matter relating to the service. MIMO liability to you shall not, for any reason, exceed the amount actually paid by you to MIMO.

  10. The failure of MIMO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

  11. This Terms and Conditions of Service document constitutes the entire agreement between you and MIMO and govern your use of the Service, superseding any prior agreements between you and MIMO (including, but not limited to, any prior versions of the Terms of Service).