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Terms of Use

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Mental Workout website located at www.mentalworkout.com, all associated sites linked to www.mentalworkout.com by Mental Workout, its subsidiaries, and affiliates, including Mental Workout websites around the world (collectively, the “Websites") and all apps developed by Mental Workout ("Apps"). The Websites and Apps are the property of Mental Workout Inc. (“Mental Workout”) and its licensors. BY USING THE WEBSITES AND APPS, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITES OR ANY OF THE APPS.

Mental Workout reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Websites and Apps following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Mental Workout grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites and Apps.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, algorithms, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Websites and in the Apps is owned, controlled, or licensed by or to Mental Workout, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Websites and Apps may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, web site, app, or other medium for publication or distribution or for any commercial enterprise, without Mental Workout’s express prior written consent.

You may use information on Apps (such as data sheets, knowledge base articles, and similar materials) purposely made available by Mental Workout for downloading from the Websites or Apps, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Websites or Apps

Here are some commitments you make to us relating to creating and maintaining an account:

  • You will not provide any false personal information or create an account for anyone other than yourself without permission.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use Mental Workout for your own commercial gain.
  • You will not use Mental Workout if you are under 16.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.
  • You will not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Websites, Apps, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites, Apps, or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites or Apps. Mental Workout reserves the right to bar any such activity.
  • You will not attempt to gain unauthorized access to any portion or feature of the Websites, Apps, or any other systems or networks connected to the Websites, Apps, or to any Mental Workout server, or to any of the services offered on or through the Websites or Apps, by hacking, password “mining”, or any other illegitimate means.
  • You will not probe, scan or test the vulnerability of the Websites, Apps, or any network connected to the Websites or Apps, nor breach the security or authentication measures on the Websites, Apps, or any network connected to the Websites or Apps. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Websites or Apps, or any other customer of Mental Workout, including any Mental Workout account not owned by you, to its source, or exploit the Websites, Apps, or any service or information made available or offered by or through the Websites or Apps, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Websites or Apps.
  • You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites, Apps, or Mental Workout’s systems or networks, or any systems or networks connected to the Websites, Apps, or to Mental Workout.
  • You will not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Websites or Apps, or any transaction being conducted on the Websites or Apps, or with any other person’s use of the Websites or Apps.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mental Workout on or through the Websites, Apps, or any service offered on or through the Websites or Apps. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • You will not use the Websites, Apps, or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mental Workout or others.

Other Terms and Conditions

Additional terms and conditions may apply to purchases of Apps and to specific portions or features of the Websites, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Websites or Apps, or for any service offered on or through the Websites or Apps, the latter terms shall control with respect to your use of that portion of the Websites, Apps, or the specific service.

Mental Workout’s obligations, if any, with regard to its Apps are governed solely by the agreements pursuant to which they are provided, and nothing on these Websites or Apps should be construed to alter such agreements.

Mental Workout may make changes to any Apps offered on the Websites or Apps, or to the applicable prices for any such Apps, at any time, without notice. The materials on the Websites or Apps with respect to Apps may be out of date, and Mental Workout makes no commitment to update the materials on the Websites or Apps with respect to such Apps.

Accounts, Passwords, and Security

Certain Apps or features offered on or through the Websites or in or through the Apps may require you to open an account (including setting up an Mental Workout ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Mental Workout immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Mental Workout or any other user of or visitor to the Websites or Apps due to someone else using your Mental Workout ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Mental Workout ID, password, or account at any time without the express permission and consent of the holder of that Mental Workout ID, password, or account. Mental Workout cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Mental Workout’s Privacy Policy applies to use of the Websites and Apps, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Websites or Apps, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites or Apps may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Websites

The Websites and Apps may contain links to other independent third-party web sites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Mental Workout’s control, and Mental Workout is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

Disclaimers

MENTAL WORKOUT DOES NOT PROMISE THAT THE WEBSITES, APPS, OR ANY CONTENT, SERVICE, OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITES, APPS, OR CONTENT WILL PROVIDE SPECIFIC RESULTS. THE WEBSITES, APPS, AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITES AND IN THE APPS IS SUBJECT TO CHANGE WITHOUT NOTICE. MENTAL WORKOUT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITES AND APPS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MENTAL WORKOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MENTAL WORKOUT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITES, APPS, AND/OR ANY MENTAL WORKOUT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITES, APPS, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MENTAL WORKOUT FOR DISSATISFACTION WITH THE WEBSITES, APPS, OR ANY CONTENT IS TO STOP USING THE WEBSITES, APPS, OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Mental Workout's Websites, Apps, and Content is NOT a form of medical, psychological, psychiatric, or any other mental health treatment for a disease or condition. Use of the Websites, Apps, or Content is not a substitute for any treatment methods that licensed medical or mental healthcare practitioners might recommend. Rather, the Websites, Apps, and Content is solely providing suggestions and content relating to the development and maintenance of general health and wellbeing. The Websites, Apps, and Content is not designed and does not purport to diagnose disease or other conditions, cure, mitigate, treat, or prevent disease, or affect the structure or any function of the body. Only a licensed professional can diagnose or treat diseases or conditions, including mental health diseases and conditions. If you require medical or mental health treatment, call 911 immediately or contact your healthcare provider.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Mental Workout reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Websites or Apps, or any portion of the Websites or Apps, for any reason; (2) to modify or change the Websites or Apps, or any portion of the Websites or Apps, and any applicable policies or terms; and (3) to interrupt the operation of the Websites or Apps, or any portion of the Websites or Apps, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Mental Workout be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Mental Workout has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Mental Workout is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Websites, Apps, or any Content, Mental Workout’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any App, service, or feature of or on the Websites or Apps paid in the six months prior to the date of the initial claim made against Mental Workout (but not including the purchase price for any Mental Workout Apps), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Mental Workout, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Mental Workout by any third party due to or arising out of or in connection with your use of the Websites or Apps.

Violation of These Terms of Use

Mental Workout may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Websites or Apps, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mental Workout’s rights or property, or the rights or property of visitors to or users of the Websites or Apps, including Mental Workout’s customers. Mental Workout reserves the right at all times to disclose any information that Mental Workout deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Mental Workout also may disclose your information when Mental Workout determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Mental Workout may preserve any transmittal or communication by you with Mental Workout through the Websites or Apps, or any service offered on or through the Websites or Apps, and may also disclose such data if required to do so by law or Mental Workout determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Mental Workout, its employees, users of or visitors to the Websites or Apps, and the public.

You agree that Mental Workout may, in its sole discretion and without prior notice, terminate your access to the Websites or Apps, and/or block your future access to the Websites or Apps if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Websites or Apps. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mental Workout, for which monetary damages would be inadequate, and you consent to Mental Workout obtaining any injunctive or equitable relief that Mental Workout deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mental Workout may have at law or in equity.

You agree that Mental Workout may, in its sole discretion and without prior notice, terminate your access to the Websites or Apps, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Websites or Apps, or any service offered on or through the Websites or in or through the Apps, or (4) unexpected technical issues or problems.

If Mental Workout does take any legal action against you as a result of your violation of these Terms of Use, Mental Workout will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mental Workout. You agree that Mental Workout will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Websites or Apps, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) month after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Mental Workout and you arising out of or in connection with your use of the Websites or Apps, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Mental Workout administers the Websites and Apps from its location in Southampton, NY, USA; other Websites and Apps may be administered and operated from various locations outside the United States. Although the Websites and Apps are accessible worldwide, not all Apps or features discussed, referenced, provided, or offered through or on the Websites or in the Apps are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Mental Workout reserves the right to limit, in its sole discretion, the provision and quantity of any App, feature, or service to any person or geographic area. Any offer for any feature or App made on the Websites or in the Apps is void where prohibited. If you choose to access the Websites or Apps from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Mental Workout with regard to your use of the Websites or Apps, and any and all other written or oral agreements or understandings previously existing between you and Mental Workout with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Mental Workout, Mental Workout will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Mental Workout’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Mental Workout of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Mental Workout and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at the Websites or in the Apps shall be deemed to be non-confidential. Mental Workout shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2008-2013 Mental Workout Inc. All rights reserved.
Mental Workout Inc., 50 Hill Street #333, Southampton, NY 11968, USA.

Last updated on May 3, 2016.