SuccessMinds, Inc. Terms of Use

These Terms of Use  apply to this Application and to all the applications of SuccessMinds, Inc.

Users of the Services offered by this Application acknowledge and accept these terms of use.

Owner of this Application and related Services

SuccessMinds, Inc.
Santa Cruz, CA 95062
USA
(831) 244-3368

Information about this Application

The mobile applications part of the SuccessMinds, Inc. network help you organize yourself and reach your goals.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through this Application, that they upload and post on or through this Application, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.

The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain this Application.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on this Application. The Owner is not responsible for the content provided by third parties or for its availability.

Paid services

This Application provides for additional services and subscriptions available upon payment of a fee.

The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of this Application.

The Service is provided “as is”

The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.

The content and services provided by this Application are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never rely on information on this Application in place of seeking professional medical advice.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on this Application or any portion of it;
  • circumvent any technology used by this Application or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through this Application;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of this Application or its content;
  • rent, lease or sublicense this Application;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • use this Application in any other improper way that violates these Terms.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of this Application which is hereby considered to be part of these Terms.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning this Application are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use this Application.

Limitations of liability

The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of this Application.

The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

The content and services provided by this Application are for educational and recreative purposes only, and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Never rely on any information given on this Application in place of seeking professional medical advice. The Owner strongly recommend Users to consult a specialist and/or their General Practitioner before using this Application and, in any case, to closely follow the doctor’s instructions and prescriptions especially if the User has been diagnosed with any condition such as, including but not limited to, heart condition, mood disorders, epilepsy and any psychiatric and/or neurological condition.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within this Application.

Users who continue to use this Application after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to this Application must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to United States’ law.

Definitions

Service

The service provided by this Application as described in these Terms and in this Application.

User

Any user of the Service, whether a human being or legal entity.

Terms of Use (or Terms)

These Terms of Use, which constitute a legally binding agreement between the User and the Owner.