TERMS OF USE

Please read these terms carefully before using this website. Using this website, including but not limited to visiting or shopping within the website, indicates that you accept these terms. If you do not accept these terms, do not use this website.
Mindful Performance, LLC (“Mindful Performance” or “us” or “we”) takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit Mindful Performance’s Privacy Policy.

This document is an agreement between you and Mindful Performance that describes the terms of use (“TOU”) subject to which you may access and use the content and services offered on the websites operated by Mindful Performance or its affiliates, including but not limited to http://www.mystrongisbeautiful.com/ (collectively, the “MPLLC Sites”). The services and tools offered on some of the MPLLC Sites may be subject to additional terms and conditions described on the site or in an End-User License Agreement distributed with such services or tools. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE MPLLC SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that Mindful Performance reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the MPLLC Sites following the posting of changes to these TOU will mean you accept those changes. Mindful Performance reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Mindful Performance shall have the right to terminate your access to the MPLLC Sites for violations of any of these terms.

Content: The information on this site and in blog posts is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions about your health or any medical condition.

Personal, Non-Commercial Use: The MPLLC Sites and any materials provided on them are made available for your personal, non-commercial use only.

License and Site Access: Mindful Performance grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mindful Performance and so long as: (i)you are eighteen (18) years of age or older; and (ii) you are not barred from receiving the products and Services offered on Mindful Performance under the laws of the United States. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mindful Performance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mindful Performance and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Mindful Performance’s name or trademarks without the express written consent of Mindful Performance. Any unauthorized use terminates the permission or license granted by Mindful Performance. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mindful Performance so long as the link does not portray Mindful Performance, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mindful Performance logo or other proprietary graphic or trademark as part of the link without express written permission.

In order to access some or parts of the MPLLC Sites, users may be asked to provide their name, e-mail address, mailing address, telephone number, and payment information, if applicable, and users will be responsible for maintaining the accuracy and completeness of such information. A user may be sent to a third party website to facilitate processing of payments in regard to book or other product purchases. Any third party website is subject to its own terms of use and privacy policy and the user should review the terms of use and privacy policy of that third party website before providing personal information.

User Content: Users may have the opportunity to upload various forms of content to the MPLLC Sites which may include, but not be limited to, information, data, text, reviews, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”). By submitting your Content, you give Mindful Performance a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content.

As a user of the MPLLC Sites you acknowledge that: (i) Mindful Performance may not pre-screen Content and, as such, Mindful Performance does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Mindful Performance be liable in any way for any Content posted by users of the MPLLC Sites, including, but not limited to, any errors or omissions in any such Content, or for any loss or damages or any kind incurred as a result of the use of any such Content.

If Mindful Performance is made aware of Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Mindful Performance determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) holds Mindful Performance, its affiliates or third party content or product providers open to scorn or ridicule, Mindful Performance has the right, but not the obligation, to remove or disable access to such Content.

Copyright Infringement and Copyright Agent: Mindful Performance will, in circumstances it deems appropriate, terminate a user’s right to participate in any services offered by it, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any MPLLC Site, please provide notice to Mindful Performance Copyright Agent including the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
2. A description of the copyrighted work(s) that you claim have been infringed and identification of the work(s) you claim are infringing and which you request to be removed or access to which is to be disabled.
3. A description of where the material that you claim is infringing is located on the MPLLC Site.
4. Information sufficient to permit Mindful Performance to contact you, such as your physical address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Mindful Performance Copyright Agent can be reached as follows:

By mail:
Copyright Agent
Mindful Performance

PO BOX 670

York, ME 03909

By email: [email protected]

 

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A MPLLC SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

User Responsibilities and Conduct: The user shall (i) be responsible for its compliance with this agreement; (ii) be solely responsible for the accuracy, quality, integrity and legality of any Content submitted by the user; and (iii) use reasonable efforts to prevent unauthorized access to or use of the Content, and notify Mindful Performance promptly of any such unauthorized access or use. The user represents and warrants that it has the right to use the Content and that it has obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to Mindful Performance hereunder and for Mindful Performance to provide the MPLLC Site and any offered services to the user.

The user further agrees:

• not to use, or attempt to use, the MPLLC Site to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights; and
• not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Mindful Performance, or otherwise attempt to mislead visitors as to the user’s identity.

Mindful Performance’s Intellectual Property Rights: All content on the MPLLC Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video and other website materials (the “Materials”) are the intellectual property of Mindful Performance its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Mindful Performance. Notwithstanding the foregoing, course and lecture materials made available to users may be copied and distributed, but only for the user’s personal, non-commercial use.

Mindful Performance, the Mindful Performance logo, and other marks related to Mindful Performance (“Mindful Performance Marks”) are the exclusive and valuable property of Mindful Performance or its affiliated companies. The Mindful Performance Marks can only be reproduced or displayed with specific written permission from Mindful Performance, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.

Third-Party Content, Links and Services: The MPLLC Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. In consideration for the convenience of Mindful Performance making this third-party content and tools available or accessible to you, you acknowledge that Mindful Performance is not responsible for any such third-party content or tools. You also agree that Mindful Performance is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Mindful Performance may from time to time engage certain affiliates or other third parties to provide all or part of offered service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You may be asked to provide personal information to third parties that you have accessed through Mindful Performance you acknowledge that when providing such information to third parties you are subject to those third parties’ terms of use and privacy policies and not to Mindful Performance’s Terms of Use and Privacy Policy. You should review any third parties’ terms of use and privacy policy before providing personal information.

Affiliate Programs:

Mindful Performance participates in other affiliate programs including but not limited to Kijabi, Barnes and Noble, and Amazon. By purchasing products using the vendor links on this website, Mindful Performance receives a small commission — at no additional cost to you — which helps support the youth empowerment mission.

Compliance with Laws: By accessing or using the MPLLC Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the MPLLC Sites and any offered services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the MPLLC Sites to countries or persons prohibited under the export control laws of the United States. Mindful Performance makes no representation that the content on the MPLLC Sites is appropriate or available for use outside the United States. If you have chosen to access the MPLLC Sites from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Legal Disclaimers: The MPLLC Sites and the information provided therein are for the convenience of users of the MPLLC Sites and for customers and potential customers of Mindful Performance. The information provided on the MPLLC Sites described on the MPLLC Sites are subject to change without notice. MINDFUL PERFORMANCE DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MPLLC SITES. THE MPLLC SITES AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MINDFUL PERFORMANCE DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MPLLC SITES. MINDFUL PERFORMANCE DOES NOT WARRANT THAT THE MPLLC SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE MPLLC SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MINDFUL PERFORMANCE IS NOT RESPONSIBLE FOR SUCH COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS MINDFUL PERFORMANCE, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE MPLLC SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF MINDFUL PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the MPLLC Sites, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the MPLLC Sites.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity: You agree to defend, indemnify, and hold harmless Mindful Performance and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the MPLLC Sites or services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the MPLLC Sites or services, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.

Governing Law: These TOU and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the state or federal courts located in Portland, Maine, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.

Entire Agreement, Assignment: These TOU constitute the entire agreement between you and Mindful Performance, with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
These Terms of Use were last amended on June 1, 2022