Terms & Conditions
Please read this Agreement carefully before accessing or using the MMS Membership Site. By accessing or using any part of the MMS Membership Site, 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 the Website or use any services. If these terms and conditions are considered an offer by MMS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your MMS Membership Site Account is granted only through paid membership. If you join the MMS Membership Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify MMS of any unauthorized uses of your account or any other breaches of security. MMS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Terms of Participation
Members must be 13 years of age or older to participate. Members must provide MMS with accurate, complete and updated registration information, including an accurate name, mailing address and email address. To the full extent allowed by applicable law, MMS at its sole discretion and for any or no reason may refuse to accept applications for membership. Members may not (i) activate or use more than one Member account; (ii) select or use an Email Address of another person; (iii) use a name subject to rights of another person without authorization from that person; (iv) use a false or misleading name, mailing address, or email address to activate or use a Member account; (v) permit, allow or share your membership account with any other person. By signing up for the MMS Membership site, Member is opting-in to receive other special offer emails from MMS. If you do not wish to receive these emails, you may cancel your account anytime. MMS has the right, in its sole discretion, to suspend or cancel, at any time and for any or no reason, a Member's membership in and access to the MMS Membership site and the MMS program. All earnings may be cancelled in MMS’s sole discretion, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by MMS. Member agrees not to abuse his or her membership privileges by acting in a manner inconsistent with this Agreement. Any spamming done to advertise MMS will result in immediate termination of your account and a forfeiture of your account balance. Incidents will be dealt with on a case by case basis. Member's discontinued participation in the MMS program or failure to notify MMS of any address (mailing or email) changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Earnings. Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in the MMS program if and to the extent that such participation is permitted by such laws, rules, and regulations.??If member objects to any of the Terms and Conditions of this Agreement, or any subsequent modifications to this agreement, or becomes dissatisfied with the Program, Member's only recourse is to immediately discontinue participation in the MMS program and properly terminate his or her membership.
Payments: All payments for all courses listed on www.nutritionforthemind and www.kierontv.com will be processed through Mindset Mastery Seminars Inc. (Barbados). The company MMS resides in Barbados and all payment transactions will be processed through this jurisdiction.
Cancellation/Refund Policy: MMS will be grant refunds for up to five (5) days following the receipt of payment. The 5th day will be 5 calendar days following the date of payment at midnight of the geographical time zone where the purchase is made. Please e-mail firstname.lastname@example.org to request a refund.
Responsibility of Members
You are entirely responsible for the content of, and any harm resulting from, Content you create or use on the blog pages of MMS or any current or future part of MMS that allows you to communicate with other members. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;?your website or sales pages are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;?any content you post is not named in a manner that misleads members into thinking that you are another person or company.
Without limiting any of those representations or warranties, MMS has the right (though not the obligation) to, in MMS’s sole discretion (i) refuse any member account that, in MMS’s reasonable opinion, violates any MMS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the MMS Membership Site to any individual or entity for any reason, in MMS’s sole discretion. MMS will have no obligation to provide a refund of any amounts previously paid in such cases, and only in such cases.
Responsibility of Website Visitors
MMS disclaims any responsibility for any harm resulting from the use by visitors of the program or content posted on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which members link, and that link to MMS Membership Site. MMS does not have any control over those websites and web pages, and is not responsible for their contents or their use. By linking to a website or webpage, MMS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MMS disclaims any responsibility for any harm resulting from your use of the program and its web pages and files.
This Agreement does not transfer from MMS to you any MMS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MMS, MMS Membership Site, the MMS logo, and all other trademarks, service marks, graphics and logos used in connection with MMS Membership Site, or the Website are trademarks or registered trademarks of MMS or MMS’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MMS or third-party trademarks.
MMS 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 the Membership site following the posting of any changes to this Agreement constitutes acceptance of those changes. MMS may also, in the future, offer new services and/or features through the Website (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.
MMS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MMS Membership Site account (if you have one), you may simply discontinue using the Membership site. 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.
Disclaimer of Warranties
The Website is provided “as is”. MMS 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 and non-infringement. Neither MMS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Membership site at your own discretion and risk.
Should you purchase any courses, products, coaching or any service whatsoever from any third party guest trainer, lecturer, coach or advisor appearing as a guest on MMS, you agree that you accept all risks with any purchase and hold MMS harmless from any action you may take against the third party supplier and further agree that any disputes with third party suppliers, you will address solely with them. You agree that before buying any product or service from a third party supplier, it is your responsibility to conduct due diligence on that supplier and understand their terms & conditions on any purchase. MMS does not endorse any third party supplier’s claims. MMS will endeavor to present third party suppliers that have proven track records and have verified to our management their competencies and previous results prior to appearing on MMS. However, once you make any purchase, you agree that any disputes or claims with a third party will become responsibility.
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MMS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM. ??TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER MMS NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ??To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, MMS uses appropriate industry standard procedures to safeguard the confidentiality of Member's personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of the Website's traffic to track abuse of the MMS Website and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while MMS strives to protect its Members personal information, MMS cannot guarantee the security of any information that Members transmit to or from the participating advertisers/merchants and Member does so at his/her own risk.??This Agreement constitutes the entire Agreement between Member and MMS in connection with general membership in the MMS program and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rig
Limitation of Liability
In no event will MMS, 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 MMS under this agreement during the twelve (12) month period prior to the cause of action. MMS 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.
General Representation and Warranty
You agree to indemnify and hold harmless MMS, 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 the Membership site, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between MMS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MMS, or by the posting by MMS of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Membership site will be governed by the laws your jurisdiction. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; MMS 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.