Mind Muscles™ Inc. / DBA Mind Muscles Academy

Terms, Agreements, Waivers and Disclaimers

Last update: May 9, 2018

We take our students’ privacy and safety very seriously. We require that all students read and agree to the terms on this page, so everyone has a clear understanding of what is expected.

There are several parts to the Terms, Agreements and Disclaimers for your review and agreement.


Your Responsibilities and Affirmations

  1. I represent, warrant and covenant that:
    (a) I have the power, competence and authority to enter into this agreement;
    (b) I am at least eighteen (18) years old;
    (c) I shall not use any rights granted hereunder for any unlawful purpose; and
    (d) I shall use the Website, programs, exercises and trainings only as set forth in the Terms of this Agreement.
  2. I am able to evaluate the simulations, guided visualizations, assessments, and Mind Muscles Inc.™ exercises to see if they are suited for me. I understand that I will opt out of any activity that is not appropriate for me and my psychological state.
  3. I am able to evaluate and be responsible for my engagement with other users, workgroups and forums.
  4. I understand that I am responsible for my own performance and Mind Muscles™ Academy makes no warranties as to my performance or outcomes.
  5. I agree that Mind Muscles Inc.™ provides educational services ONLY and does not provide therapy or psychological services.
  6. I understand that attending the live meeting events, if offered, provides a significant benefit and I understand that by not attending these live events, this benefit will not be available to me.
  7. I agree to be respectful and supportive of other members in my courses.
  8. I agree not to use any connections with other members for commercial or marketing purposes.
  9. I agree that I am at choice at all times of how I participate in any and all activities. Mind Muscles Inc. cannot know your mental, physical, emotional or economic circumstances. You are responsible for deciding which learning experiences to participate in and apply.
  10. The focus of some of the lessons in this course is on improving the state of mind of the user. This involves simulations, guided visualizations, assessments and exercises that can create new behaviors. Each user is responsible at all times for the engagement with these modes and discontinuing their use at their discretion. The user agrees that he or she is at choice at all times to engage in lesson activity and is fully responsible for the results.

Video and Audio Recordings, Waivers and Privacy

  1. All recorded sessions are the property of Mind Muscles™ Inc. I agree not to copy, reproduce, share or distribute any and all trading videos or meeting recordings.
  2. I agree to allow such recordings to be used by Mind Muscles Inc. for member replay, training and promotional purposes where appropriate.
  3. Mind Muscles agrees to request permission prior to using any identifiable video or audio segment of its members outside of the member recordings.

Privacy, Responsibilities Expectations

  1. As a member of this group, during this course, online meetings and exercises you will have the opportunity to share your experiences with others, and other members will have the opportunity to share with their experiences with you in small groups and the larger meetings.
  2. As a member, I commit to keeping these conversations confidential. I commit to keeping the video and audio access confidential and not share any content that I receive personally or as part of the group.
  3. I agree not to disclose any names or information about other members.
  4. Mind Muscles Inc. agrees not to cross market or sell your contact information to third parties. On occasion, Mind Muscles may invite you to a third party offering, but you are at choice to accept that offer. Once you accept that offer, you have agreed to allow the third party to use your contact information.

Trading, Investing and Financial Planning

  1. Trading, investing and financial planning are very risky and more money can be lost then is in the accounts. I agree that I am in charge of my own risk management.
  2. If I trade actively, I will test all new trading behaviors I choose to change in a simulated account or a low risk process taking full responsibility for the outcomes.
  3. The Mind Muscles Inc. is an educational website and program that is for your personal use to learn about yourself and how you relate to your trading and state of mind. Mind Muscles™ Academy does not provide any personal financial, trading or investing advice.
  4. We do not recommend any specific trading, investing, financial strategies, methods or asset classes. Any mention of any of these is for example purposes only and not to be taken as a recommendation.
  5. Do not use any information on our website, videos, courses or exercises as a substitute for professional advice. Trading, investing and financial planning involve risk and require professional advisors.
  6. Trading is very risky and most traders who start trading lose money and quit.
  7. You should never risk money that you will impact your lifestyle.
  8. Trading is not a “get rich quick” scheme.
  9. If you need money for your daily living, to maintain your lifestyle or get out of debt, trading is a very dangerous choice and should not be pursued.

Performance Disclaimer

  1. Trading, investing and economic decisions are very risky.
  2. No representation is made that trading results will improve. Each person is different and the educational material, simulations and assessments will not be helpful for every person.
  3. At times this website and course will provide “positive programming” for the brain to shift its processes, beliefs or limitations. These affirmations and positive suggestions are constructed for psychological purposes and are not to be construed as promises of trading, investing or economic results.
  4. Most traders lose money and quit. Financial outcomes cannot be guaranteed. Some traders lose more money than they can afford. Some investors have results that have severe impacts on their lives.
  5. The Mind Muscles™ Academy is an education program only and your membership, enrollment or participation in any of these lesson or exercises does NOT imply that trading, investing or our educational models are right for you.
  6. Since we are an educational program only, we are not responsible for your financial results.
  7. As a piece of advice for members who trade, we strongly urge you to trade in a simulated account during your participation in any of our offerings.
  8. Any and all trading by the user is outside the scope of Mind Muscles Inc, the Academy website and courses. The user should read all risk and disclosure statements of all services used.

Interaction with other Users

  1. User interactions are at the discretion of each user.
  2. Mind Muscles Inc. cannot monitor the interactions.
  3. Each user is responsible for the content created and the interactions with other users. Just like any relationship, each person is responsible for entering a relationship, managing and terminating the relationship.
  4. Our structured peer to peer exercises are at the discretion of each user.

Reliability

  1. All information provided on our website and in our courses are provided to you on an “AS IS” basis.
  2. The Mind Muscles™ Academy makes no warranties, either expressed, implied, or statutory including, but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party.
  3. You acknowledge that
    (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes,
    (b) that the Mind Muscles™ Academy does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website or any linked website, and
    (c) that the provision of certain portions of the Website is subject to the terms and conditions of other agreements to which the Mind Muscles™ Academy is a party.

Educational Purposes Only

  1. The information on the Mind Muscles Academy website is provided for educational purposes only, and should not form the basis of any investment or trading decision.
  2. Past results provided by Mind Muscles Academy are for purposes of examples for training, and are not provided as a guide to the future performance of an investment or for any recommendation whatsoever.
  3. Nothing in the Mind Muscles Academy website should be construed as a solicitation or offer, nor advice or a recommendation, to acquire or dispose of any securities, or to engage in any securities transaction.
  4. The contents of the Mind Muscles Academy website, webinars or membership courses should not be distributed to, or used by, any person or entity, in any jurisdiction where it would be unlawful to do so, or where it would require Mind Muscles Academy, or any of its affiliates, to be registered, licensed, authorized, approved or otherwise qualified.
  5. If you are in doubt about any securities-related content in the Mind Muscles Academy website or courses as it pertains to your own personal trading or investments, you should consult your own investment adviser, lawyer, accountant, bank manager or other professional adviser.

Modifications of this Agreement

  1. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site’s home page and/or by giving you prior notice of a modification.
  2. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates.
  3. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued use of this site following our posting of an amended agreement or providing you notice of a modification will constitute binding acceptance.

Membership Use and Restrictions

  1. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site’s Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.
  2. You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
  3. You are not authorized to
    (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content;
    (ii) modify or make derivative works based upon the site, its Services or content;
    (iii) “frame” or “mirror” any site, its Services or content on any other server or Internet-enabled device; or
    (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.
  4. You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
  5. The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

Your Account-Related Responsibilities

  1. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account.
  2. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause.
  3. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.

Membership Fees

  1. You agree to pay membership fees as specified in the registration process.
  2. Payment of membership fees may be by credit card online at this site, or by any other method approved by us.
  3. Fees are non-refundable, unless expressly provided otherwise on this site.
  4. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

Warranty Disclaimers

  1. Except as may be provided in any separate written agreements signed by the parties, the services, content, and/or products on this site are provided “as-is”, and neither we nor any of our licensors make any representation or warranty with respect to such products, services, and/or content.
  2. Except as may be provided in any separate written agreement signed by the parties or separate agreement originating from this site, this site and its licensors specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to this site or products, services and/or content acquired from this site, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non infringement, or fitness for any particular purpose.
  3. This site and its licensors do not represent or warrant that this site, its products, services, and/or content:
    (a) will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
    (b) will meet your requirements or expectations, or (c) will be free of viruses or other harmful components. We do not warrant that the services will be uninterrupted, error-free, or 100% secure. These disclaimers constitute an essential part of this agreement.
  4. No purchase or use of the items offered by this site is authorized hereunder except under these disclaimers. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. Some states or jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Limitation of Liability

  1. In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim.
  2. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data and/or unauthorized access or acquisition of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the services, including without limitation the use or inability to use the services, or for any content obtained from or through the services or this site, any interruption, inaccuracy, error or omission, regardless of cause, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

Registration Data

  1. Registration is required for you to establish an account at this site.
  2. You agree
    (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and
    (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate.
  3. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data.
  4. You authorize us to verify your Registration Data at any time.
  5. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to
    (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and
    (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

Monitoring

  1. We reserve the right to monitor your access and use of this website and course participation without notification to you.
  2. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy, Responsibilities Expectations paragraph in this document.

Security

  1. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet.
  2. We shall implement reasonable and adequate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the foregoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time.
  3. We will promptly report to you any unauthorized access to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access.
  4. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.

Notices

  1. We may give notice to you by means of
    (i) a general notice in your account information,
    (ii) by electronic mail to your e-mail address on record in your Registration Data, or
    (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data.
  2. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email).
  3. You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following:
    (a) email “support@mindmuscles.com” or
    (b) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Mind Muscles Inc., 798 Sunset Glen Dr, San Jose, CA 95123, United States, in either case, addressed to the attention of “President of the Company”.
  4. Notices will not be effective unless sent in accordance with the above requirements.

Severability

  1. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.
  2. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

Force Majeure

  1. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

Survival

  1. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof

Miscellaneous

  1. This Agreement, our Terms of Use, and our Privacy Policy (collectively the “Terms, Agreements, Waivers and Disclaimers”) constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements.
  2. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the U.S., then the following provisions shall apply:
    (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and
    (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.