By Your Side Membership Program
The Mind Aware operates The BYS Program and The BYS Program services for enrolled customers. The Mind Aware reserves the right to modify or terminate The BYS Program at any time and in any manner, in whole or in part. You agree that you will review these Terms periodically and that you are bound by this Agreement and any modifications we may make to it from time to time.
As a BYS Program member ("Member" or "you" or "your"), you will have access to The Mind Aware training programs, resources and materials, and participating independent expert coaches, subject to certain restrictions as outlined below.
Member will receive an exclusive log-in and password to access materials via the CustomerHub Members' Area, in accordance with the rules, regulations and policies established by The Mind Aware. Member has no ownership interest in The Mind Aware, the individual products or services, or The BYS Program's participating independent expert coaches.
To become a Member of The BYS Program, you must: (a) be at least 18 years of age as of the date of your registration for The BYS Program; and (b) have the capacity to enter into a legally binding contract.
The BYS Program membership is subject to this Agreement, as well as any policies and procedures that The Mind Aware and/or The BYS Program's participating independent expert coaches may have, adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by The Mind Aware and/or its participating independent expert coaches, any conduct detrimental to The Mind Aware and/or its participating independent expert coaches, any misrepresentation or fraudulent activities in connection with The BYS Program, or any failure to act in a manner consistent with federal, state, provincial, or local laws, regulations, or ordinances, may result, in addition to any rights or remedies available to The Mind Aware in law or equity, in the termination of your membership in The BYS Program, as well as any other benefits earned in connection therewith, in The Mind Aware's sole discretion.
C. Membership Products & Services
The BYS Program may, from time to time, and at its sole discretion, make changes to the available products and services options, including both adding and subtracting participating options to the membership.
The BYS Program's participating independent expert coaches shall provide every member the opportunity to schedule one-on-one coaching calls. Member agrees that participating panel of expert coaches may restrict their available schedule dates for maintenance, membership events, or any other reason. Member also agrees that all rules and regulations of the participating panel of expert coaches are subject to change.
D. Fees and Renewals
The BYS Program is an annual membership. Prospective members must make a one (1) year commitment for monthly dues by executing and accepting these terms and conditions and by securing monthly dues with a valid credit card, Automated Clearing House (ACH), or by paying the full year's dues in advance. Each individual membership shall run for a period of twelve (12) calendar months from the effective date of activation and may be renewed on an annual basis.
Monthly dues shall be due on a monthly basis unless the full year's dues are paid in advance.
By enrolling in The BYS Program, you authorize The Mind Aware to charge your credit card for the amount indicated by your membership level selection, including any applicable state, county, or local tax and service charges, for the purchase of The BYS Program membership. You further acknowledge that you are personally responsible for payment of monthly dues for the length of one (1) calendar year.
Late payment will result in a suspension of Member's privileges until you pay all amounts outstanding in full. If a suit is instituted to recover any amounts due to The BYS Program, Member agrees to pay interest on the amounts owed at the legal rate, in addition to the monthly service charge, collection fees and attorney's fees accrued by The Mind Aware or any of its participating independent expert coaches.
The BYS Program shall notify the member of any changes in the terms of the Agreement at least 30 days prior to the notice period for renewal or termination, i.e., 60 days prior to the expiration of the then current term.
It is understood and agreed that if The BYS Program revokes membership privileges of Member with cause, or if Member resigns, no refund will be made. Termination of membership shall be a full and complete release of The BYS Program from any and all liability, claims, demands, actions or cause of actions arising out of, or related to, the payment by Member of monthly dues or membership status.
F. Disclaimer & Limitation of Liability
THE MIND AWARE MAKES NO WARRANTY OF ANY KIND REGARDING THE BYS PROGRAM OR ITS PARTICIPATING INDEPENDENT EXPERT COACHES, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE BYS PROGRAM WILL BE ERROR-FREE. THE MIND AWARE FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY PARTICIPATING INDEPENDENT EXPERT COACH, OR INFORMATION DISTRIBUTED, WITH RESPECT TO THE BYS PROGRAM. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. IN NO EVENT SHALL THE MIND AWARE BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. THE MIND AWARE'S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
The Mind Aware reserves the right, at all times, to discontinue or modify any part of this Agreement, as we deem necessary or desirable. Additionally, we reserve the right at all times to add or remove The BYS Program membership services, or to discontinue The BYS Program. If we make changes that materially affect your use of The BYS Program, we will notify you by sending an e-mail to the e-mail address that you provide at the time of enrollment. You specifically agree to provide and maintain a valid e-mail address and to keep The Mind Aware informed of any changes to your e-mail address. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. We suggest that you review these Terms from time to time to ensure that you are aware of any updates we make to these Terms. Your participation in The BYS Program after we update the Agreement will constitute acceptance of the modified Agreement.
Member agrees to indemnify and hold The Mind Aware harmless from any loss (including attorney's fees) or liability for personal injury or property damage, resulting from the acts of the Member arising out of the use of The BYS Program.
If any provision of these terms and conditions is held invalid, the remainder shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Minnesota.
In the event that Member or The BYS Program cannot resolve a dispute arising out of these terms and conditions, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. A written request shall be made by one party to the other party to initiate the resolution process. The Parties further agree that these terms and conditions shall remain in effect until such disputes are resolved or settled by the appropriate judicial process.
© Dana Wilde | The Mind Aware 2015
ALL RIGHTS RESERVED