Terms and Conditions
The following are the terms and conditions for use of the Locked In Mental Training Program described herein (the "Program") between Locked In Mental Training (“LIMT”) and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE PROGRAM, OR CLICKING THE "PURCHASE" BUTTON, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE PROGRAM ("AGREEMENT"). The Program is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
"Account" refers to the billing account for the Program.
"Program" includes any audio recording, video, webinars, software, documents or text made available to You by LIMT within the Locked In Mental Training Program.
"Servers" means the servers controlled by LIMT upon which the Program is stored.
“Website” means www.lockedinmentaltraining.com
MEMBER ACCOUNT, PASSWORD, AND SECURITY . To register for the Program, You must complete the registration process by providing LIMT with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify LIMT immediately upon learning of any unauthorized use of Your Account or any other breach of security. From time to time, LIMT’s (or its wholly-owned subsidiaries') support staff may log in to the Program under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.
NONEXCLUSIVE LICENSE. LIMT hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to listen to, watch, or read the Program that reside on www.lockedinmentaltraining.com (collectively, the "Website"). Subject to the terms and conditions of this Agreement, You may remotely access the Program. Your license of, use of and access to the Program is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:
CONFIDENTIALITY. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by LIMT, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify LIMT of any unauthorized use of Your account or any other breach of security known to You.
From time to time, you may engage in physical activity in connection with the Program. You represent that you are in proper health to participate in such activities. You assume risks arising therefrom.
LIMT may send you marketing, advertising or promotional communication to the contact information you provided – if you do not wish to receive such items, you may unsubscribe using the links within a marketing communication.
INDEMNIFICATION. You agree to indemnify, hold harmless and defend LIMT and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against LIMT or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by LIMT or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Program, (iii) Your violations of applicable laws, rules or regulations in connection with the Program. In such a case, LIMT will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. LIMT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
THIRD PARTIES. If You provide access to Your Account or any portion thereof to any third party or use the Program to collect information on behalf of any third party ("Third Party"), whether or not You are authorized to do so by LIMT or its wholly owned subsidiaries, the terms of this Section 10 shall apply to You.
If You use the Program on behalf of any Third Party, You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, that Third Party, (b) as between the Third Party and You, the Third Party owns any rights the Program in the applicable account, and (c) You shall not disclose Third Party's Program to any other party without the Third Party's consent.
You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. LIMT and its wholly owned subsidiaries make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to LIMT and its wholly owned subsidiaries or the Program, or use thereof. You agree to indemnify, hold harmless and defend LIMT and its wholly owned subsidiaries, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against LIMT or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by LIMT, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by You concerning any aspect of the Program to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Program; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Program.
DISCLAIMER OF WARRANTIES. LIMT’S PROGRAM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. UNDER NO CIRCUMSTANCES WILL LIMT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE PROGRAM, THE WEBSITE, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS), A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT, PROGRAM OR SERVICE OBTAINED FROM THE WEBSITE, A THIRD PARTY OR A LINKED SITE. USE OF THIS PROGRAM IS AT USERS' SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIMT OR THROUGH OR FROM THE PROGRAM SHALL CREATE ANY WARRANTY. The information and services included in or available through the Program, including Email, Support Forum or Help Desk replies, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. LIMT and/or its respective suppliers may make improvements and/or changes in the Program at any time, with or without notice. LIMT does not represent or warrant that the Program will be uninterrupted or error-free, that defects will be corrected, or that the Program on the Server are free of viruses or other harmful components. LIMT does not warrant or represent that the use of the Program will be correct, accurate, timely or otherwise reliable.
LIMITATION OF LIABILITY. LIMT AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF LIMT AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES OR PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
LIMT’s (and its wholly owned subsidiaries') total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $49.95USD.
SERVICE LEVELS. LIMT does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond LIMT’s (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where LIMT (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Program progress at all times also is not guaranteed.
PROPRIETARY RIGHTS NOTICE. The Program is, and shall remain, the property of LIMT (and its wholly owned subsidiaries). All rights in and to the Program not expressly granted to You in this Agreement are hereby expressly reserved and retained by LIMT and its licensors without restriction, including, without limitation, LIMT’s (and its wholly owned subsidiaries') right to sole ownership of the Program. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Program outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Program or otherwise attempt to discover any source code or trade secrets related to the Program; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Program for any purpose without the express written consent of LIMT; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with LIMT (or its wholly owned subsidiaries) other than in the name of LIMT (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Program.
TERM and TERMINATION. Either party to the Agreement may terminate it at any time and for any reason.
Upon any termination or expiration of this Agreement, LIMT will cease providing the Program, and certify thereto in writing to LIMT within seven (7) business days of such termination. In the event of any termination, You will not be entitled to any refunds of any fees and all of Your historical report data will no longer be available to You.
You hereby agree to purchase the Program which you have requested on the online order and will pay LIMT the purchase price therefor. 100% of payments are due upon confirmation of your order. All sales are final. There will be no refunds or exchanges. Orders and this agreement is noncancellable upon submission of the order by You.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES. LIMT reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Program, at any time, by posting the new agreement to the site located at www.lockedinmentaltraining.com (or such other URL as LIMT may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of LIMT, (ii) You accept updated terms online, or (iii) You continue to use the Program after LIMT has posted updates to the Agreement or to any policy governing the Program.