Access to this Website:
You agree to use the Platform only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the Platform, render the Platform inaccessible to others, or otherwise cause damage to the Platform or any content on the Platform (“Content”). You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Platform in any manner that might interfere with the rights of third parties. To access the Platform or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to the Platform or any of its resources and to terminate or suspend your access at any time, without notice.
Restrictions on Use:
The material and Content accessible from the Platform, and any other Platform owned, operated, licensed, or controlled by our Company, is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our Platform, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Platform without the express written permission of our Company.
This Platform and its Content are protected by U.S. and/or foreign copyright laws and belong to the Company or its partners, affiliates, contributors, or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on the Platform. You may download and reprint Content for non- commercial, non-public, personal use only (if you are browsing the Platform as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the Platform). You may not manipulate or alter in any way images or other Content on the Platform.
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Platform for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
Becoming a Member:
(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.
(b)In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the PrimeMinds Policy Agreement. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By registering for a PrimeMinds account, the Products, you warrant that:
(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.
Once a Member:
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
As a PrimeMinds Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.
By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from PrimeMinds commercial emails by following the opt-out instruction in these emails.
PrimeMinds membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
(a) PrimeMinds account holders may access the Products in two ways:
- (i) Free Trial: a free-of-charge program, which gives unlimited access to 30 days of our PrimeMinds Program.
- (ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the Free Trial offering. You will only have access to PrimeMinds while your subscription is active and subsisting. You may access your Paid Subscription in the following ways: by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
(b) You may access PrimeMinds via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that PrimeMinds is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that PrimeMinds is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(f) You agree to promptly notify PrimeMinds of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(g) In the course of your use of the Products, PrimeMinds and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to PrimeMinds and PrimeMinds’ third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through PrimeMinds for commercial purposes.
Changing Fees and Charges:
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY OUR COMPANY AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WITH REGARDS TO HEALTH & WELLNESS CONTENT ON THE WEBSITE:
WHILE WE HOPE YOU FIND THE PLATFORM HELPFUL, IT IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR YOUR OWN PERSONAL JUDGMENT OR THIRD-PARTY PROFESSIONAL ADVICE, AND YOU SHOULD EVALUATE AND INDEPENDENTLY VERIFY THE INFORMATION AND RESULTS OBTAINED THROUGH USE OF THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT NEITHER COMPANY NOR ITS OWNERS, OFFICERS, CONTRACTORS, MANAGERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND AGENTS ARE PROFESSIONAL OR FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE WEBSITE IS INTENDED TO BE OR TO BE CONSTRUED AS PROFESSIONAL OR FINANCIAL ADVICE. COMPANY IS NOT A PROFESSIONAL OR AN INVESTMENT ADVISORY SERVICE, IS NOT A PROFESSIONAL OR AN INVESTMENT ADVISER AND DOES NOT PROVIDE PERSONALIZED PROFESSIONAL OR FINANCIAL ADVICE OR ACT AS A PROFESSIONAL OR FINANCIAL ADVISOR. THE WEBSITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR OR PROFESSIONAL. IF PROFESSIONAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
Limitation on Liability:
In no event shall Company or any of its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, contractors, officers, managers, and directors be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain, and suffering, emotional distress, or similar damages, which may directly or indirectly result from any information, representation or omission, whether negligent or otherwise, contained on or resulting from use of Content or the Platform, even if Company has been advised of the possibility of such damages. And in no event, shall the collective liability of Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, managers, and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the greater of $100 or the amount that you have paid to Company for any Content, product or service.
Information You Provide:
You may not post, send, submit, publish, or transmit in connection with the Platform any material that:
1. You do not have the right to post, including proprietary material of any third party;
2. Advocates illegal activity or discusses an intent to commit an illegal act;
3. Is vulgar, obscene, pornographic, or indecent;
4. Does not pertain directly to the Platform;
5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
7. Infringes any intellectual property or other rights of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
8. Violates any law or may be considered to violate any law;
9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content;
10. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on the Platform;
11. Solicits funds, advertisers, or sponsors;
12. Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
13. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via the Platform;
14. Includes MP3 format files;
15. Amounts to a ‘pyramid’ or similar scheme;
16. Disobeys any policy or regulations established from time to time regarding use of the Platform or any networks
connected to the Platform; or
17. Contains hyper-links to other Platforms that contain content that falls within the descriptions set forth above.
Claims of Copyright Infringement:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Class Action Waiver:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.