What Our Lawyers Make Us Say
Effective Date: February 27, 2017
Last Updated: February 14, 2017
Our goal is to make the MindFirst Health & Fitness Community ((including all related MindFirst Health & Fitness webpages and websites, the “Sites”) a vibrant, positive space for people who are involved with or interested in MindFirst programs. The rules of conduct which govern your use of the Sites are intended to enhance the experience and protect the rights of all Sites visitors and registered users (“Users”). Those terms and conditions, including the terms under which the Sites collect, use and maintain certain information from the Sites visitors, are set forth below. By viewing and using the Sites, you are agreeing to be legally bound by the terms of this agreement. Please read this document carefully.
MindFirst Programs, Curriculum, and Content
1. Voluntary Participation. By voluntarily participating in the MindFirst programs you agree that you do so entirely at your own risk.
I understand that any Personal Health Information (“PHI”) I enter into the MindFirst Health & Fitness, LLC (“MindFirst”) web site will not be sold, distributed or shared with any outside organizations. This information will be used for aggregate data reflecting either the total membership of MindFirst, or the sponsoring company where you joined the MindFirst program.
2. Health and Medical Considerations. Before starting any physical exercise program MindFirst recommends you consult with your physician. It is understood that while resistance and cardiovascular exercise can have great benefits there are inherent risks with such activity, particularly for those with underlying medical conditions.
When you engage in this or any exercise program there is the risk of physical injury. You agree that you are voluntarily participating in these workouts and assume all risk of injury to yourself. You agree to hold MindFirst Health and Fitness harmless for all claims or causes of action resulting from your participation in any and all activities associated with the MindFirst program.
Before making any changes in your diet or the foods you eat we recommend you consult with your physician. While eating healthier foods can have a positive benefit on your overall health there can also be inherent risks for people with allergies, intolerance's, or other underlying medical conditions.
MindFirst does not provide medical or psychiatric advice of any kind. Any material we distribute is not intended to replace any treatment or medical advice you are currently receiving.
Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. MindFirst, its staff, and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.
You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
3. Programs in Practice. The practice of meditation focuses on becoming more aware of their thoughts and surroundings. The practice can cause people who have experienced trauma in their lives to re-experience these past traumas. If you have any concerns regarding the practice of meditation we recommend you consult a mental health provider.”
4. Curriculum in Practice. The MindFirst curriculum focuses on changing behaviors by having members explore occurrences that may have led to specific behaviors. Although this practice of “personal discovery” can lead to effectively changing behaviors, people who have experienced trauma in their lives could re-experience past traumas. and should consult with a mental health provider before starting any practice that involves behavioral change.
5. Acknowledgement of Understanding. You acknowledge that you have carefully read this Waiver, Release and Acknowledgement of Proprietary Information and fully understand that it is, in part, a release of liability. You expressly agree to release and discharge MindFirst, and any MindFirst staff and/or consultants from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring any legal action against MindFirst for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this Waiver, Release, and Acknowledgement of Proprietary Information shall be deemed to also serve as a release for negligence.
If any portion of this Waiver, Release and Acknowledgement of Proprietary Information shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Waiver, Release and Acknowledgement of Proprietary Information shall remain in full force and effect and the offending provision or provisions severed herefrom.
I acknowledge and agree that all video, workbook and email content received from MindFirst is the property of MindFirst. I understand that I am receiving this material solely because I am participating in MindFirst programs and that this material is for my own personal development and may not be copied or recorded for any other purposes. I will not attempt to distribute any material I receive from MindFirst to any other person or entity at any time, whether during my participation in the MindFirst programs, or any time after I am no longer involved with the MindFirst program.
I understand that I will periodically receive email or text reminders from MindFirst and that I can stop them at any time.
I agree that any pictures, testimonials or training videos I participate in will be deemed property of MindFirst.
I understand that calls or meetings that I participate in may be recorded and used for the sole purpose of MindFirst program development.
1. Access and Eligibility. The Sites are hosted by MindFirst Health & Fitness (“MindFirst”) to support its community of members, prospective members, alumni, prospective family and friend members, current and prospective member employers, partners, and other people interested in or contributing to MindFirst’s services and products. Although some of the Sites are open for viewing by the public, only registered Site Users may participate in activities hosted by the Sites. You may register as a Site User by completing the applicable registration form provided that you are over the age of 18 (or the age of legal majority in your state, if greater), or between the ages of 14 and 18 (or the age of legal majority in your state, if greater) and your parent or legal guardian provides written authorization for your registration and participation in Site activities. In addition, access to the Community portion of the Sites is limited to MindFirst members, alumni, employees and a limited number of other third parties expressly authorized by MindFirst.
2. Collection of User Information. There are three types of personal information we may collect from the Sites:
Personal Information: this is information that is identifiable to you, as an individual, which you may provide to the Sites if you register on the Sites and engage in any of the Sites’ activities; and
Non-Personally Identifiable Information: this is information collected and stored automatically by many websites from visitors to their sites in order to track website usage and may include, for example, computer and server IP addresses, browser versions, referring websites, search terms used, pages most visited, duration and time of visit, and geographic location, but this information is not directly linked to you personally.
Personal Financial Information: this is information you provide if you are enrolling in a MindFirst program or if you are purchasing any other MindFirst products or services
3. Site Content. The Sites offers a broad range of content and activities, including instructional materials such as text based, audio and video files and other interactive resources that are instructional in nature, information about MindFirst’s offerings, discussion groups, blogs, chat rooms, and learning tips from members and MindFirst employees. The term “Content” includes any type of content or material displayed on, posted to or otherwise communicated on, through or to any part of the Sites, whether in images, graphics, text, music or otherwise. Trademarks, service marks and logos (collectively “Trademarks”) are also considered to be Content. There are two sets of rules that govern the content on the Sites, whether that content is provided by MindFirst, you or other Users (all such content, “Content”). The first set of rules tells you how you can use Site Content. The second set of rules tells you what kind of Content you are allowed to post on or contribute to the Sites. Any violation of the Content Usage Rules or the Content Posting Rules by a Site User may result in the User being barred from further access to the Sites. Any such violation by a MindFirst member may also result in disciplinary action, up to and including program expulsion.
4. Content Usage Rules. The Content is protected by United States copyright and trademark law and by international copyright and trademark laws and treaties. You are allowed to view, print and/or download Content provided by MindFirst or other Site Users only for your personal, non-commercial purposes. You are not authorized to copy, distribute, republish, retransmit, commercially exploit, or modify the Content unless the webpage expressly authorizes you to do so. Without limiting the foregoing, you are expressly prohibited from using Content to undermine MindFirst programs, to assist or facilitate undermining by others, or to compromise the integrity of MindFirst programs and MindFirst members’ experience in any way. Finally, Trademarks on the Sites are owned by MindFirst or third parties and may not be used by you or any third party without the prior written consent of the trademark owner.
5. Content Posting Rules. In order to contribute Content on the Sites, whether through a posting to the Site or by participating in a Site’s activities or by communicating with or through the Sites, you must register as a Site User. Contributions of Content to the Sites and participation in activities on the Sites are governed by a single principle: Respect for Others. This means that Content should be original, honest, respectful and offered in good faith. Without limiting the applicability of these more general guidelines, the following specific restrictions on Content also apply.
All Content you provide must be of your original authorship; you may post Content from other people but only if you clearly attribute the Content to its author.
You may not provide Content which is:
offensive, lewd, sexually explicit, pornographic,
libelous or defamatory;
harassing, bullying, threatening or abusive;
discriminatory, or promoting of hatred or violence;
in violation of state, local, federal or law or international treaties;
In violation of another person’s intellectual property or privacy rights; or
misleading, deceptive, or fraudulent.
Content may not be commercial in nature or include offers of your own or third party products or services.
Content must be free of malware, viruses or any other code which could damage a Site’s security or operations, interfere with the conduct of other Site Users, modify or destroy other Content on the Sites, or damage or destroy MindFirst or third party hardware or software.
You may not misstate or misrepresent the origin of Content.
7. Communications with Other Users. You can use the Sites to engage in personal communications with other Site Users who have agreed to accept such communications from you. MindFirst does not monitor such personal communications between Users. However, MindFirst reserves the right to access and review such communications for security, legal and other business purposes, including the enforcement of member enrollment terms and these Site Terms, and the protection of MindFirst and its business partners, MindFirst members, and other Site Users.
9. Prohibited Conduct. You may not and may not attempt to:
access the Sites’ systems or infrastructure or devices of other Users ,
interfere with the operations or performance of the Sites,
destroy, interrupt or limit the functionality of any telecommunication equipment or computer hardware or software
introduce viruses or other malware into the Sites or devices of other Users,
use Content, including personally identifiable information you obtain from other Site Users, for commercial, criminal or bad faith purposes,
use the Sites to publish or transmit promotional materials, spam, junk mail, chain letters, pyramid schemes, solicitations, or other messaging not consistent with the stated goals of the Site,
impersonate any person or entity or misrepresent your identity, or
commit fraud with regard to the Sites or other Site Users.
Your violation of any of the above prohibitions may result in your civil and/or criminal prosecution. In addition, any violation of the above prohibitions will result in your being barred from further access to the Sites and, if you are a member, will result in disciplinary action up to and including program expulsion.
10. User Account and Password Security. Access to and use of password-protected areas of the Sites are restricted to registered Users only. You may not disclose your login credentials to any third party and are solely responsible for (a) maintaining the confidentiality of your login credentials, and (b) any activity that occurs under or through your Site Username and password whether or not you have authorized such activity. If you believe the confidentiality of your login credentials has been compromised or violated, please notify MindFirst immediately via email to firstname.lastname@example.org or telephone (844-234-6343) and we will deactivate your account as soon as commercially practicable and work with you to establish new, secure credentials. Remember, however, that you remain liable for any activity, authorized or unauthorized, that occurs under your login credentials until your account is deactivated.
12. DISCLAIMER ON CONTENT. THE CONTENT ON THE SITES IS PROVIDED “AS IS.”MINDFIRST MAKES EVERY REASONABLE EFFORT TO ENSURE THAT THE CONTENT ON THE SITES PROVIDED BY MINDFIRST IS ACCURATE, NON-INFRINGING AND CURRENT BUT DOES NOT WARRANT OR REPRESENT THAT SUCH CONTENT IS WITHOUT ERRORS, IS CURRENT OR IS NON-INFRINGING. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFIRST EXPRESSLY DISCLAIMS ANY WARRANTIES OF COMPLETENESS, RELIABILITY, ACCURACY, USEFULNESS, NON-INFRINGEMENT, OR CURRENCY WITH RESPECT TO THE CONTENT IT PROVIDES TO THE SITES. YOU ALSO UNDERSTAND AND AGREE THAT MINDFIRST BEARS NO RESPONSIBILITY FOR CONTENT PROVIDED TO THE SITES BY YOU, OTHER USERS AND THIRD PARTIES; TO THE FULLEST EXTENT PERMITTED, BY LAW, MINDFIRST ALSO EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT SUCH CONTENT IS CURRENT, ACCURATE, COMPLETE, ORIGINAL, RELIABLE, USEFUL, GENUINE, NON-INFRINGING OR PROVIDED IN GOOD FAITH.
13. DISCLAIMER ON SITE PERFORMANCE AND SERVICES. MINDFIRST DOES NOT WARRANT (A) THAT THE SITES AND SITE ACTIVITIES OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE, (B) THAT CONTENT (INCLUDING EMAIL CONTENT) WILL NOT BE LOST, CORRUPTED OR DESTROYED, C) THAT THE SITES AND THE CONTENT AND/OR ACTIVITIES AND/OR SERVICES OFFERED ON THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR (D) THAT THE SITES WILL NOT BECOME INFECTED WITH VIRUSES OR MALWARE OR WILL NOT INADVERTENTLY TRANSMIT VIRUSES OR MALWARE TO YOUR COMPUTING DEVICES. IN ADDITION, MINDFIRST RESERVES THE RIGHT TO DISCONTINUE OR SUSPEND OPERATION OF THE SITES OR ANY OF THEM, OR ANY SITE ACTIVITY OR WEB PAGE, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND WITHOUT NOTICE TO YOU AND WITHOUT MAINTAINING COPIES OF YOUR CONTENT OR ANY OTHER CONTENT. IF YOU ARE A MEMBER, MINDFIRST WILL WORK WITH YOU TO ENSURE THAT ANY SUCH SUSPENSION OR DISCONTINUATION DOES NOT INTERFERE WITH YOUR COMPLETION OF YOUR PROGRAM.
14. LIMITATION ON LIABILITY. IN NO EVENT SHALL MINDFIRST BE LIABLE TO YOU, OR ANY ONE CLAIMING THROUGH YOU OR ON YOUR BEHALF, FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, IN EACH CASE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, INCLUDING YOUR PARTICIPATION IN SITE ACTIVITIES OR YOUR USE OR POSTING OF SITE CONTENT, WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE AND REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARISE UNDER LAW OR IN EQUITY, OR ARE BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY OR PRINCIPLE.
16. Remedies Non-Exclusive. None of the specific remedies for violations of the Site Terms set forth above are exclusive of any other remedy for such violations. Without limiting the foregoing, MindFirst reserves all rights and remedies it may have with respect to any violation of these Site Terms, in law, under equity, or pursuant to contract, tort or other legal principle or theory.
17. Dispute Resolution. You agree that you will (a) promptly notify MindFirst of any dispute or claim you may have against any of the MindFirst Parties arising out of or in connection with these Site Terms, your use of the Sites, your provision of Content to the Sites, or your use of Site Content, and (b) work with MindFirst diligently and in good faith to resolve such claim or dispute on reasonable terms. To the extent that such dispute or claim cannot be resolved by such efforts, you voluntarily (a) agree that such dispute or claim shall be resolved solely and exclusively through courts of competent jurisdiction located in Massachusetts, (b) submit to the personal jurisdiction and exclusive venue of such courts and waive all objections to the same, including inconvenient forum, and (c) waive your right to a jury.
18. Copyright Protection. If you believe that any Content on a Site violates your or a third party’s copyright, you should contact MindFirst at email@example.com. For your notice to be effective, it needs to include the following:
a) your electronic or physical signature;
b) sufficient information to identify the copyrighted work that you claim has been infringed;
c) a description of the infringing content and the location on the Sites of such infringing content;
d) your name, address, telephone number and/or email address so that we may contact you;
e) the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law”; and
f) the following statement: “I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed.”
If MindFirst receives a valid counter notification complying with the provisions of Section 512(g) of the U.S. Copyright Act to the effect that the allegedly infringing Content was removed as a result of mistake or misidentification, the Content may be reinstated.
20. Modification to Site Terms. As stated above, MindFirst reserves the right to modify the Site Terms at any time and will notify Users by posting such modified Site Terms on this webpage. Under certain circumstances, we may also elect to notify registered Users of changes or updates to our Site Terms by additional means, such as posting a notice on the front page of the Sites or by sending you an email but you should not rely on receiving such additional notice.
21. MindFirst Community. Our member community allows MindFirst members to post as well as comment on other members' posts. Non-members are allowed to view the community but will not have access to post or comment. MindFirst reserves the right to use member quotes that are posted to the community under an anonymous name in marketing and promotional material. In the event that posts are not written anonymously we will request written permission from said member before using their posts or comments for marketing or promotional purposes.
22. Unsubscribe. MindFirst Health and Fitness will periodically send you information regarding our products and services. You may unsubscribe from these communications at any time. For information on how to unsubscribe, as well as our commitment to protecting your privacy, please review our Terms and Conditions.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS this Waiver, Release and Acknowledgement of Proprietary Information and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
QUESTIONS or CONCERNS? If you have any questions or concerns about these Site Terms or their application, or for general questions about the Site, please contact MindFirst Health & Fitness at firstname.lastname@example.org.
Copyright © 2017 MindFirst Health & Fitness, LLC. All Rights Reserved.
Version: 2017-03-22 12:47:47