Terms & Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Last updated: August 17, 2018
LICENSE TO USE WEBSITE
Unless otherwise stated, mindglowinc.com, mindglowinc.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without mindglowinc.com’s and/or mindglowinc.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without mindglowinc.com’s and/or mindglowinc.com’s express written consent.
Access to certain areas of this website is restricted. mindglowinc.com’s and/or mindglowinc.com’s reserves the right to restrict access to areas of this website, or indeed this entire website, at mindglowinc.com’s and/or mindglowinc.com’s discretion.
If mindglowinc.com’s and/or mindglowinc.com’s provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
mindglowinc.com’s and/or mindglowinc.com’s may disable your user ID and password in mindglowinc.com’s and/or mindglowinc.com’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to mindglowinc.com’s and/or mindglowinc.com’s a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to mindglowinc.com’s and/or mindglowinc.com’s the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or mindglowinc.com’s and/or mindglowinc.com’s or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
mindglowinc.com’s and/or mindglowinc.com’s reserves the right to edit or remove any material submitted to this website, or stored on mindglowinc.com’s and/or mindglowinc.com’s servers, or hosted or published upon this website.
Notwithstanding mindglowinc.com’s and/or mindglowinc.com’s rights under these terms and conditions in relation to user content, mindglowinc.com’s and/or mindglowinc.com’s does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. mindglowinc.com’s and/or mindglowinc.com’s makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, mindglowinc.com’s and/or mindglowinc.com’s does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
The website mindglowinc.com’s and/or mindglowinc.com’s will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
No responsibility for content on any linked sites or consequences of clicking on any links within the website.
These limitations of liability apply even if mindglowinc.com’s and/or mindglowinc.com’s has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit mindglowinc.com’s and/or mindglowinc.com’s liability in respect of any:
death or personal injury caused by mindglowinc.com’s and/or mindglowinc.com’s negligence;
fraud or fraudulent misrepresentation on the part of mindglowinc.com’s and/or mindglowinc.com’s; or
matter which it would be illegal or unlawful for mindglowinc.com’s and/or mindglowinc.com’s to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, mindglowinc.com’s and/or mindglowinc.com’s has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against mindglowinc.com’s and/or mindglowinc.com’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect mindglowinc.com’s and/or mindglowinc.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as mindglowinc.com’s and/or mindglowinc.com’s
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify mindglowinc.com and undertake to keep mindglowinc.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by mindglowinc.com to a third party in settlement of a claim or dispute on the advice of mindglowinc.com’s legal advisers incurred or suffered by mindglowinc.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to mindglowinc.com’s and/or mindglowinc.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, mindglowinc.com’s and/or mindglowinc.com’s may take such action as mindglowinc.com’s and/or mindglowinc.com’s deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The website mindglowinc.com’s and/or mindglowinc.com’s may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
The website mindglowinc.com’s and/or mindglowinc.com’s may transfer, sub-contract or otherwise deal with mindglowinc.com’s and/or mindglowinc.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with the Privacy Statement constitute the entire agreement between you and mindglowinc.com in relation to your use of this 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 UNITED STATES GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of CALIFORNIA.
CONTACT THE WEBSITE MINDGLOWINC.COM
By email to hello (at) mindglowinc.com
Your privacy is important to mindglowinc.com and/or mindglowinc.com. This privacy statement provides information about the personal information that mindglowinc.com and/or mindglowinc.com collects, and the ways in which mindglowinc.com and/or mindglowinc.com uses that personal information.
Last updated: August 18, 2018
PERSONAL INFORMATION COLLECTION
The website mindglowinc.com and/or mindglowinc.com may collect and use the following kinds of personal information:
Information you voluntarily submit to the website: Personally identifiable information may include, but is not limited to your name and email address by leaving a comment, subscribing to a newsletter, submitting a contact form, downloading a free guide or signing up for a free training. (“Personal Information”).
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.
Automatically collected information: Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Third Party Services and softwares: In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data. We may also collect information about actions you take when using the Website, such as links clicked. If you use a third-party software through the site, they may transfer information to us for fulfillment.
HOW WE USE YOUR PERSONAL INFORMATION
The website mindglowinc.com and/or mindglowinc.com may use your personal information to:
Administer this website;
Personalize the website for you;
Enable your access to and use of the website services;
Send to you products that you purchase;
Supply to you services that you purchase;
Send to you statements and invoices;
Respond to your comments and/or inquires;
To track and measure advertising on the Website;
To protect, investigate, and deter against unauthorized or illegal activity;
Process payments from you for purchases you make on the website; and
Send you marketing communications.
Each email promotion will provide information on how to opt-out of future mailings.
Where mindglowinc.com and/or mindglowinc.com discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, mindglowinc.com and/or mindglowinc.com may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
THIRD-PARTY SERVICE PROVIDERS
Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
Google Analytics: This service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
ConvertKit/Seva: This service is used for delivery of email updates and newsletters. ConvertKit stores your name and email address for purposes of delivering such communications. It also stores actions you take within email marketing such as opening communications and click on links in communications.
Squarespace Contact Form: This service is used to contact MindGlow, Inc. and team via email when you submit a form on this site. This service collects the Date and Time the form was submitted, the Page URL that you were on when you submitted the form, your User Agent, your Remote IP, and any text and/or contact information you choose to share in the form.
Dubsado: This service is used to contact MindGlow, Inc. and team via email when you submit a form on the site. This service collects your personal information when you submit a form on the website (mindglowinc.com and/or mindglowinc.com) including your name, email, time form was submitted and any information you voluntarily chose to include in the form.
PayPal: This service is used to process payment when you purchase a product on the website (mindglowinc.com and/or mindglowinc.com). This service collects your personal information when you purchase a product through the website including your name, email address and credit or debit card information. You have the option to check out as a guest or login to your PayPal account.
Calendly: This service is used to schedule an appointment with MindGlow, Inc. and Team after you submit a contact form through the website (mindglowinc.com and/or mindglowinc.com). This service collects your personal information when you schedule an appointment including your name, email address, time zone, scheduled appointment date and time and type of appointment.
Facebook: This service is used to track if you have visited the website from an ad or a link on Facebook. This service collects a tracking pixel so that you may be retargeted with an ad that is relevant to you.
Instagram: This service is used to track if you have visited the website from an ad or a link on Instagram. This service collects a tracking pixel so that you may be retargeted with an ad that is relevant to you.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (eg a computer or smartphone) when the user accesses a website. It allows the website to recognize that user’s device and store some information about the user’s preferences or past actions.
Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
PUBLICLY VISIBLE INFORMATION
If you leave a comment, certain information may be publicly visible.
SENSITIVE PERSONAL INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at hello (at) mindglowinc.com and we will use our best efforts to promptly remove all such information from our records.
On the Website mindglowinc.com and/or mindglowinc.com, you may join our mailing list by subscribing, opting in while downloading a free guide, or opting in while accessing a free training. The mailing list is administered by third party software ConvertKit. The mailing list may be used for advertising purposes and for sending newsletters. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties. You will be given the option to opt-out at the bottom of every email marketing communication.
Securing your data
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. mindglowinc.com and/or mindglowinc.com will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
mindglowinc.com and/or mindglowinc.com will store all the personal information you provide on its secure servers.
Electronic transactions entered into via this website will be protected by encryption technology.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out/Unsubscribe – You may opt-out (also known as unsubscribe) from future email communications by following the unsubscribe links at the bottom of each email newsletter communication, this request is processed instantly. You may also notify us at hello (at) mindglowinc.com to be removed from our mailing list and we will remove you within 7 days of receiving the request.
Request Access to your information – You may access the personal information we have about you by submitting a request to hello (at) mindglowinc.com. We will provide the information requested within 7 days.
Amend/Update – You may contact us at hello (at) mindglowinc.com to amend or update your personal information and the changes will be process
Remove your info– You may request that we erase or forget your personal data. To do so, please submit a request to hello (at) mindglowinc.com
Please note that we may need to retain certain information for record keeping purposes or to complete transactions, or when required by law.
CROSS-BORDER DATA TRANSFERS
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
By using this website you agree to such cross-border transfers of personal information.
UPDATING THIS STATEMENT
You should check this page occasionally to ensure you are familiar with any changes.
This website contains links to other websites. The website mindglowinc.com and/or mindglowinc.com is not responsible for the privacy policies or practices of any third party and not responsible for the content on any third party or consequences from click on any third party link throughout this website.
CONTACT THE WEBSITE MINDGLOWINC.COM AND MINDGLOWINC.COM
by email to hello(at)mindglowinc(dot)com