Welcome to The InspiredMinds. We believe Invention, Innovation, Invention and Inspiration Change the World. We look forward to helping you expand upon the I that you resonate the most with and increase your impact and step into the life you deserve to live. This Agreement sets forth Your rights and obligations as a InspiredMinds User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. “The InspiredMinds” or “InspiredMinds” means The InspiredMinds, LLC. In this Agreement, references to “The InspiredMinds” and “InspiredMinds” as a Party mean and refer to The InspiredMinds. LLC, and The InspiredMinds LLC’s owner(s), affiliate entities, and employees, and assigns.
B. “Parties” mean The InspiredMinds and You. The InspiredMinds and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person or entity who has created a The InspiredMinds Account or registered and/or purchased from The InspiredMinds. “User Account” refers to a User’s InspiredMinds Account.
E. “You” and “Your” means The InspiredMinds User who has executed this Agreement by clicking “I Agree.”
F. “Customer” mean and refers specifically to a paying user and fully excluding a person or entity in which has only subscribed or requested information.
II. Becoming a InspiredMinds User
By clicking “I Agree” to these Terms, transferring payment to The InspiredMinds, and creating a User Account, You become a InspiredMinds User. There are various products and services available to Users, and prices applicable to such products and services. The InspiredMinds’ products, services, and prices are posted prior to purchase and are subject to change without notice. Price changes for first time purchases are effective immediately unless otherwise stated and upon the next billing cycle for reoccurring billing. By clicking “I Agree” and providing The InspiredMinds Your credit card information You authorize The InspiredMinds to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of The InspiredMinds services, and unless You terminate this agreement as provided herein, You agree that The InspiredMinds may charge Your credit card as per agreed upon for the products and services You have selected, and You consent to any price changes for such services.
III. Information; Registration; User Names and Passwords
As a InspiredMinds website user, You will be required to create an account with The InspiredMinds. You warrant that the information you provide The InspiredMinds is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your InspiredMinds account, and you agree not to transfer your password or User name, or lend or otherwise transfer your use of or access to your account, to any third party. You are fully responsible for all transactions with, and information conveyed to, The InspiredMinds under your account. You are fully accountable and liable for all actions and activities that take place under your account whether authorized by You or not. You agree to immediately notify The InspiredMinds of any unauthorized use of your password or User name or any other breach of security related to your account. You agree that The InspiredMinds is not liable, and you will hold The InspiredMinds harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
IV. Term and Termination
Your User contract with The InspiredMinds begins when You click “I Agree,” and will continue as per the agreed upon terms upon purchase as outlined upon purchase including reoccurring month-to-month until either:
A. The InspiredMinds cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to The InspiredMinds.
B. You provide The InspiredMinds five (5) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than 5 (5) days before the first day of the billing cycle, Your credit card may still be charged. You will not be entitled to pro-rate any of Your use, nor will You be entitled to any refund for any payments to The InspiredMinds.
C. Your credit card or The InspiredMinds charge is denied for any reason and You do not provide The InspiredMinds a new credit card within five (5) days.
You agree that The InspiredMinds will not be liable to You or to any third party for termination of your access to the Services resulting from any violation of this Agreement. The InspiredMinds may terminate this Agreement or any individual Ordering Document at any time in its sole discretion.
If You have purchased a “hard good” (for example: a book, MP3 player, or other tangible product) from The InspiredMinds sold under any of its brands or related brands, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting support@TheInspiredMindsLLC.com;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to The InspiredMinds immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to The InspiredMinds in like-new, or re-sellable condition, as determined in The InspiredMinds sole, reasonable discretion.
If You have purchased a non hard good (for example: access to a course, a private community or group, digital products, software or other non tangible product) from The InspiredMinds sold under any of its brands or related brands you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting support@TheInspiredMindsLLC.com;
2. Your request for a refund must be made within thirty (7) days of your purchase;
3. If purchase or transaction is a reoccurring billing: Except as otherwise provided in this Agreement or required by Law, The InspiredMinds will not provide refunds or credits for partial or unused periods of service;
4. Access to product or service will immediately be revoked;
5. If You later decide You want access to the materials again You will be treated as a new customer and pay the full cost to gain access to the products/ services.
Where it pertains to affiliates, end users and commissions
1. Customers who have previously cancelled and then repurchase are still credited as conversions to the ORIGINAL REFERRING AFFILIATE for that product.
2. If Customer purchases a new product or service from a different affiliate those will count towards the new affiliate, all repurchases of previously accessible products/services will still go to original affiliate.
3. Payment to affiliates are delayed 30 days. Any refund on a purchase in which commissions have been paid will be deducted from the next commissions to be paid to affiliate.
VI. No License to use InspiredMinds Marks
Any content on any The InspiredMinds website may constitute the intellectual property of The InspiredMinds. Except where expressly authorized, no material on any The InspiredMinds website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The InspiredMinds trademark and logo are proprietary marks of The InspiredMinds, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by The InspiredMinds or any of The InspiredMinds affiliates.
VII. Intellectual Property Licensing.
You grant The InspiredMinds a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, and prepare derivative works of any and all photographs, or video or audio or digital recordings, taken by The InspiredMinds or its agents or employees, or submitted by You to The InspiredMinds (hereinafter “Photographs”) in any Media (including print, internet, film, video, television and no matter how distributed or published, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of The InspiredMinds or any product or service sold and marketed by The InspiredMinds. You agree that this authorization to use Photographs may be assigned by The InspiredMinds to any other party. For clarity, the foregoing license granted to The InspiredMinds, does not affect your ownership or license rights unless otherwise agreed in writing. You represent and warrant that You have all rights to grant such licenses to The InspiredMinds without infringement or violation of moral rights or any Third Party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other Intellectual Property Rights. You hereby release and forever discharge The InspiredMinds from any and all liability and from any damages you may suffer as a result of the use of the Media. Unless otherwise agreed by the parties, You as the Customer hereby agrees that The InspiredMinds may reference You as the Customer in marketing and public relations materials, including a press release announcing You as the Customer. You as the Customer hereby grants The InspiredMinds a perpetual, nonexclusive, worldwide license to use and display Customer’s trademarks, trade names and logos in connection with the foregoing. You further acknowledge and agree that this Release is binding upon your heirs and assigns. You agree that this Release is irrevocable.
The Parties acknowledge that in the course of performing their obligations under this Agreement, each party (a “Recipient”) may receive information that is either clearly marked as “confidential” or nonpublic information which, under the circumstances surrounding the disclosure, a reasonable person would conclude should be treated as confidential (“Confidential Information”) from the other party (a “Discloser”). Recipient covenants and agrees that neither it nor its agents, employees, officers, directors or representatives will disclose or cause to be disclosed any Confidential Information of the Discloser, except (a) to those employees, representatives, or contractors of the Recipient who require access to the Confidential Information to exercise its rights under this Agreement and who are bound by confidentiality obligations, or (b) as such disclosure may be required by Law, subject to and to the extent permitted by Law, the Recipient providing to the Discloser written notice to allow the Discloser to seek a protective order or otherwise prevent the disclosure. Nothing in this Agreement will prohibit or limit the Recipient’s use of information: (i) previously known to it without breach or obligation of confidence, (ii) independently developed by or for it without use of or access to the Discloser’s Confidential Information, (iii) acquired by it from a third party that was not under an obligation of confidence with respect to such information at the time of disclosure, or (iv) that is or becomes publicly available through no breach of this Agreement.
IX. No Warranty of Service.
The InspiredMinds does not promise, guarantee or warrant Your personal or business success, results, income, or sales. You agree and acknowledge that certain features of the Services depend on the continuing availability of Third Party Applications. If the providers of these Third Party Applications cease to make their services or programs available, The InspiredMinds may cease providing any affected features or services without entitling you to any refund, credit or other compensation. Additionally, THE INSPIREDMIND’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY RELIANCE ON OR USE OF THE INSPIREDMINDS WEBSITE SHALL BE AT YOUR SOLE RISK. THE INSPIREDMIND’S MAKES NO REPRESENTATION OR WARRANTY THAT ANY THE INSPIREDMIND’S WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY THE INSPIREDMIND’S WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; OR THAT ANY THE INSPIREDMIND’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY THE INSPIREDMIND’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALSO YOU AGREE THE INSPIREDMIND’S RESERVES THE RIGHT TO SUSPEND OR CANCEL ANY SERVICE OR PRODUCT AT ANY TIME; APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The InspiredMinds websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any InspiredMinds website and these Terms, these Terms shall control.
X. Force Majeure.
The InspiredMinds will not be liable for any delays or failure in performance of any part of the Services, from any cause beyond The InspiredMinds control. This includes, but is not limited to, acts of God, changes to Laws, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third party internet service providers.
XI. Assignment of Rights.
The InspiredMinds may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without The InspiredMinds or its assigns express written consent.
XII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL THE INSPIREDMINDS’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THE PAYMENTS PAID BY YOU TO THE INSPIREDMINDS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST THE INSPIREDMINDS OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
Each Party shall defend, indemnify, and hold harmless the other Party and the other Party’s Representatives from and against any and all Costs suffered or incurred by the other Party or the other Partys Representatives in connection with or as a result of, and from and against any and all third party claims, suits, actions, or proceedings actually or allegedly arising out of, based upon, or relating to any infringement or dilution of any third party trademark, tradename, service mark or service name by any trademark, tradename, service mark or service name provided by the Indemnifying Party. In the event of any infringement or dilution giving rise to a claim for indemnification .
XIV. Prohibited Activity.
The InspiredMinds has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL OR UNLAWFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to The InspiredMinds reputation; and the violation of the rights of The InspiredMinds or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation email, postings on social media or third party blogs) will be deemed a material threat to The InspiredMinds reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws. The InspiredMinds reserves the right to hold a higher standard in regards to “spamming” than the minimal guidelines of established applicable law.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XV. Message Sending Policy and Best Practices.
The InspiredMinds requires You to follow these best practices when sending electronic communications in relation to our services:
• Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
• Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement). The unsubscribe feature has to be free charge for the recipient to unsubscribe.
• Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
• Do not send electronic communications to addresses obtained from purchased or rented lists.
• Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
• Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
• Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
• Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
• Do not send to lists of addresses that are programmatically generated or scraped from the Web.
COMPLIANCE WITH LAW. Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law. Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.
If You have any questions or complaints concerning any of the Terms, You may contact The InspiredMinds by e-mail at support@TheInspiredMindsLLC.com.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XVII. Digital Millennium Copyright Act
If You believe that materials or content available on any InspiredMinds website infringes any copyright You own, You or Your agent may send The InspiredMinds a notice requesting that The InspiredMinds remove the materials or content from The InspiredMinds website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send The InspiredMinds a counter-notice. Notices and counter-notices should be sent by e-mail support@TheInspiredMindsLLC.com
XVIII. Arbitration, Governing Law, and Attorneys’ Fees.
A. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Ohio without regard to any choice of law provisions.
B. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against The InspiredMinds including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Franklin County, Ohio, United States of America. You agree not to file suit against The InspiredMinds or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and The InspiredMinds. In the event that You and The InspiredMinds are unable to reach agreement on an Arbitrator, or if for any other reason there is a lapse in the naming of an arbitrator or an umpire, or in filling a vacancy, then upon the application of either party to the controversy the court of common pleas Franklin County, within fifteen days after such application is made, will appoint an arbitrator or umpire, who shall act under this agreement with the same effect as if he had been specifically named therein unless specifically stated otherwise by The Ohio Revised Code Chapter 2711. The decision of the Arbitrator will be final and binding on You and The InspiredMinds and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against The InspiredMinds to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against The InspiredMinds may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents The InspiredMinds from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect The InspiredMinds rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or The InspiredMinds commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XIX. Changes to Terms
The InspiredMinds reserves the right to change these Terms, in whole or in part, from time to time at The InspiredMinds sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms. By Your continued use of The InspiredMinds services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by The InspiredMinds of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XXII. Additional Disclaimers
We understand no results of any kind are to be considered typical or promise of results any individual or entity will or will not experience themselves. Outcomes are purely based on the individual or entity and are in no way, shape or form directly tied to the content or information provided by us.
We make no promises of results or income to be earned or gained, income is purely based on the individual their individual actions and results generated because of their actions.
Any notice required to be given to The InspiredMinds under or related to these Terms must be in writing, addressed as follows:
The InspiredMinds, LLC
5455 Blue Ash Rd
Columbus, Ohio 43229
Support and Inquiries: support@TheInspiredMindsLLC.com
Copyright 2017 - The InspiredMinds, LLC - All Rights Reserved