Terms of Service
These terms and conditions ("Terms", "Agreement") are an agreement between Freedom of Mind Resource Center, Inc. (“Freedom of Mind Resource Center, Inc.”, “us", "we" or "our") and You ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the courses.freedomofmind.com website and any of its products or services (collectively, "Website" or "Services").
Accounts and Termination
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchanged between the Website and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products at any time.
We will allow refunds up to 48 hours after purchase of any one time payment product minus a $10 processing fee, provided only 1 module has been completed. Requests for refunds must be made in writing within this period of time.
You may cancel subscriptions at any time. Cancellations of subscriptions are non-refundable.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We are not responsible for any of your Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to Other Websites
While this Website will be linked to other websites or landing pages, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website or landing page, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and/or content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by Freedom of Mind Resource Center, Inc. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Freedom of Mind Resource Center, Inc.. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Freedom of Mind Resource Center, Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Freedom of Mind Resource Center, Inc. or third- party trademarks.
Disclaimer of Warranty
You agree that your use of our Website or Service is solely at your own risk. You agree that such Service is provided on an "as is" and “as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Freedom of Mind Resource Center, Inc., its affiliates, officers, directors, members, employees, agents, suppliers, instructors or licensors be liable to any person for (a) any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, or counsel fees and costs) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if Freedom of Mind Resource Center, Inc. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Freedom of Mind Resource Center, Inc. and its affiliates, officers, members, employees, agents, suppliers, instructors, attorneys, and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Freedom of Mind Resource Center, Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
During the term of this Agreement, You shall indemnify and hold Freedom of Mind Resource Center, Inc. and its shareholders, officers, directors, employees, subsidiaries, parent companies, attorneys, agents, and affiliates harmless from and against (i) any breach of its obligations set forth herein; and (ii) all losses, costs, expenses, causes of action, claims, demands, liabilities, and damages, including reasonable attorney's fees, resulting from or growing out of any unauthorized act or transaction or any negligent act, omission or transaction caused by or arising out of errors, omissions, negligence, dishonesty, or fraudulent or criminal acts by You, or any claim alleging infringement or misappropriation, disclosure of confidential information, patent, copyright, trade secret or trademark, or violation of the rights of any third party or any demands asserted against You as a result of or relating to your use of the Website or any Services or any willful misconduct on your part and You shall defend and indemnify Freedom of Mind Resource Center, Inc. from all damages, costs and attorneys’ fees incurred, and finally awarded in any such Claim, or paid to any third party to settle any such Claim. Your obligations under this Section shall survive any termination of this Agreement. You shall, at Your sole cost and expense, defend, indemnify, and hold Freedom of Mind Resource Center, Inc. harmless to the fullest extent of the law from any claim, proceeding, or suit (“Claim”) brought by any party against You or Freedom of Mind Resource Center, Inc. alleging infringement or misappropriation, or violation of any HIPAA law or regulation, disclosure of confidential information, patent, copyright, trade secret, or trademark infringement or right of any third party; and shall defend, indemnify, and hold harmless Instructor from all damages, costs, and attorneys’ fees incurred, and any judgment entered or fees awarded in any such Claim, or paid to any third party to settle any such Claim.
It is understood and agreed that nothing in this Agreement authorizes either Party to make any contract, agreement, warranty, or representation on the other’s behalf, or to incur any debt or other obligation of either Party, and that neither Party shall in no event assume liability for, or be deemed liable hereunder as a result of any such action or by reason of any act or omission of either Party’s conduct or any claim or judgment arising therefrom against either Party. Each Party shall indemnify the other for any liability arising out of each party’s performance of the services and terms of this Agreement. The Parties agree at all times to defend at their own cost, and to indemnify and hold harmless to the fullest extent permitted by law, the other party, its subsidiaries, affiliates, successors, assigns and designees of any entity, and the respective directors, officers, employees, agents, shareholders, designees, and representatives of each from all losses and expenses incurred in connection with any action, suit, proceeding, claim, demand, investigation, or formal or informal inquiry (regardless of whether same is reduced to judgment) or any settlement thereof which arises out of or is based upon either Party’s alleged gross negligence, willful misconduct, violation or breach of any federal, state or local law, regulation, ruling, standard or directive of any industry standard.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of Massachusetts without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the State of Massachusetts and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a sale or merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies and provisions relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us.
This document was last updated on July 26, 2023.