Introduction

These terms and conditions govern your use of our website; by using the MindfulNoggin website, Three-Minute Breathing Space or MMBPro e-learning courses and community, you accept these terms and conditions and agree to be bound by the following terms and conditions in full ("Terms of Service"). If you disagree with any part of these Terms of Service, do not use our website.

Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. All materials posted by us are copyrighted: You may not copy, photocopy or reproduce this material in any form without the written permission of MindfulNoggin. Illegal action will lead to prosectuion.

We retain ownership of all content posted to the community and may, at our discretion, repurpose it. All content posted on the community must comply with U.S. copyright law. Subject to the license below, all intellectual property rights are reserved.

Please note, that MindfulNoggin does not prescreen content posted to the community, but we reserve the right, at our sole discretion, to refuse or to remove any content available via the community.

License to use website

You may view, download for caching purposes only, and print pages or otherwise from the website for your own personal use, subject to the following restrictions:

You must not:

  1. republish material from this website (including republication on another website);

  2. sell, rent or otherwise sub-license material on the website;

  3. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

  4. edit or otherwise modify any material on the website except for content specifically and expressly made available for modification; or

  5. redistribute material from this website except for content specifically and expressly made available for redistribution.

Limitations of Liability

You hereby agree that it would not be reasonable to hold MindfulNoggin, its affiliates, successors and/or assigns liable with respect to this website and the information on this website. Although we endeavour to confirm that the information on this website is accurate, we do not warrant the completeness or accuracy of the information contained therein. Further, we do not guaranty that the website will remain available or that the material on the website will be updated and kept current. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Restricted access

Access to certain areas of our website is restricted. Access to our website is not permitted by bots or other automated methods. A valid email address and any other information requested to complete the signup process must be provided to gain access to the website and/or community. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. MindfulNoggin cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person, a single login shared by multiple people is not permitted. You are fully responsible for all content posted and activity that occurs under your account (even when content is posted due to unauthorized access to your account). You hereby accept responsibility for all activities that occur under your user ID or password. Further, we may disable your user ID and password at our sole discretion and/or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

Community

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. Further, you must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, unauthorized, fraudulent or harmful purpose or activity (including but not limited to copyright laws). You must not use our website for any purposes related to marketing. You may not sell or promote any products/services available for sale through the online community. You must not use our website to copy, publish or send mass mailings or spam. You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing. The community is intended for students and professionals to share experiences, exchange ideas, question experts, and learn from their peers. Posting any content that is off topic or considered inappropriate by the moderators may result in a suspension of your account.

We reserve the right to edit or remove any material posted upon our website. Further, we may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

Amendment to Terms of Service

MindfulNoggin reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current course and community, including the release of content updates and new resources, shall be subject to the Terms of Service. Continued use of the course and community after any such changes shall constitute your consent to the Terms of Service, as amended. Please check this page regularly to ensure you are familiar with the current version.

Amendments or Modifications to Website and/or Community

MindfulNoggin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the course and/or community (or any part thereof), with or without notice. Further, MindfulNoggin shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the course and community.

Breach of Terms of Service

Violation of any of the Terms of Service will result in the termination of your account without a refund of any fees paid. While MindfulNoggin prohibits the conduct outlined in the Terms of Service, including but not limited as set forth in Section 6 above, in the online community, you acknowledge and agree that MindfulNoggin cannot be responsible for the content posted in the community and you nonetheless may be exposed to such materials. You agree to access the community at your own risk.

Payment Terms

A valid credit card is required for all active accounts. When you sign up and pay the registration fee, you will be granted three months of access to the course and online community. At the end of the first three months, your credit card will be billed monthly for each additional month of access (starting on the 90th day after your account was initially created). If you cancel prior to the processing of your payment on the 90th day, you will not be charged.

Access is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging in through the MindfulNoggin website and clicking My Account. Here you'll see a button that says Cancel Account. Follow the prompts to complete your cancellation.

  2. Any content that you have posted in the community may be retained indefinitely and viewed by other community members. You will not have access to any content you created once you have terminated your account.

  3. If you cancel prior to the end of your current paid month, your cancellation will take effect at the end of the month that was paid for and you will not be charged any additional fees.

  4. MindfulNoggin, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the course and community, or any other MindfulNoggin services, for any reason at any time. Such termination of your account will result in the deactivation and deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. MindfulNoggin reserves the right to refuse service to anyone for any reason at any time. No refund will be given upon termination of an account.

  5. Prices are subject to change upon thirty (30) days' prior notice from us to the email address you provide at signup.

General Conditions

  1. Your use of the course and community is at your sole risk. The course and community are provided on an “as is” and “as available” basis.

  2. You must not modify, adapt, or hack the course or community or modify another website so as to falsely imply that it is associated with the course or MindfulNoggin.

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the course or community without express written permission from MindfulNoggin.

  4. We may, but have 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.

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

  6. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.

  7. You must not transmit any worms or viruses or any code of a destructive nature.

  8. MindfulNoggin does not warrant that (i) the course and community will meet your specific requirements, (ii) access will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from your use of the Three-Minute Breathing Space will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through MindfulNoggin will meet your expectations, and (v) any errors in the course or community will be corrected.

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

Enter Agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Illinois and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts sitting in the City of Chicago, County of Cook, State of Illinois.

Contact details

Please contact support@mindfulnoggin.com with any questions or comments. We will use commercially reasonable efforts to respond to e-mails received within three (3) business days.