Terms of SERVICE
Effective Date of Current Policy: August 1, 2018
Win the Mental Game LLC (“Win the Mental Game™”, “we” or “us”) operates the website located at winthementalgame.com (the “site”) and markets and sells products that can be purchased alone or as part of an annual Subscription (the “Subscription”). The following terms and conditions (the “Terms of Service) govern your access to and use of the site and Subscriptions.
Please read the Terms of Service carefully before you use the site or Subscriptions. By using the site or Subscriptions, you agree to these Terms of Service, including our Privacy Policy, found at Privacy Policy without qualification or limitation. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the site or Subscriptions.
PRIVACY
Win the Mental Game™ is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information. By using the site or Subscriptions, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
ELECTRONIC COMMUNICATION
By accessing, browsing or using the site or Subscriptions, submitting your information through the site or Subscriptions, or communicating with us through the site or Subscriptions, you consent to receive communications from us by e-mail. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing. In order to access certain services on the site or Subscriptions, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site or Subscriptions under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy. Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the site or Subscriptions is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate a promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on the site or Subscriptions will be available.
RETURNS, EXCHANGES, & REPLACEMENTS
Returns, exchanges & replacements may be granted at the sole discretion of Win the Mental Game™. We will issue a full refund for your purchase within 30 days of delivery for a single Win the Mental Game™ product purchase or the first item shipped in a Subscription purchase. Beyond 30 days the purchase is no longer eligible for a refund. We do not offer exchanges. If your item arrived damaged please email us a photo of the damage and we will issue a replacement.
Win the Mental Game™ reserves the right to refuse to issue returns or exchanges for any reason at its sole discretion. Win the Mental Game™ is not responsible if users are sent duplicate product due to having multiple accounts with Win the Mental Game™. Returning a product to Win the Mental Game™ without authorization will not result in a refund and you will be responsible for any additional shipping charges that are incurred by Win the Mental Game™ as a result. Users agree not to refuse shipments from Win the Mental Game™. Refusing a shipment for any reason will not result in cancellation of an order or Subscriptions plan, nor will it trigger a refund. Win the Mental Game™ assumes no responsibility and liability for any refused shipments and additional shipping charges may apply.
SHIPPING INFORMATION
Win the Mental Game™ reserves the right to adjust shipping methods or costs for any reason at its sole discretion. Orders received by 12pm EST will generally be processed within the next business day. Shipping rates for addresses outside the contiguous U.S. (Alaska, Hawaii, U.S. Territories, and APO and FPO boxes) will vary. Your order confirmation will indicate the final shipping amount. Win the Mental Game™ is not responsible for orders that are shown to be delivered by the postal carrier. Win the Mental Game™ is not responsible to replace shipments where the address was entered incorrectly upon purchase. We are unable to update address information once a shipment is in transit. It is the responsibility of the customer to follow up with the carrier to update address information once a shipment is in transit.
The cost of shipping goes towards shipping the item only and not towards any additional customs fees and/or taxes that may be charged for international delivery. Customer is liable for any additional customs fees and taxes necessary to receive the package.
ANNUAL SUBSCRIPTIONS
USER ACCOUNTS
As part of a Subscription you can create an account containing usernames, passwords, email addresses and other confidential information. You are responsible for all activity that occurs in association with your accounts. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. This information may be used exclusively by Win the Mental Game™ in an effort to create, manage and deliver certain products available on the site or Subscriptions. By creating an account you acknowledge that all information is true, and that you have not, and will not hold duplicate user accounts. User accounts are limited to one per person per product. Win the Mental Game™ will not be responsible for duplicate charges, or product delivery that comes as a result of households having multiple accounts for the same product.
THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
Win the Mental Game™ offers prepaid 12 month Subscriptions (“Annual Subscriptions”) that include one shipment per year; shipped immediately upon purchase and then every 340 days thereafter. Annual Subscriptions will be shipped in one shipment containing all four products.
AUTOMATIC RENEWAL TERMS
With respect to the Win the Mental Game™, annual Subscriptions are subject to automatic renewal 340 days after the original purchase date every year. You agree that Win the Mental Game™ may submit annual charges to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we were notified.
PREPAID ANNUAL SUBSCRIPTIONS
By purchasing an Annual Subscription, you agree and acknowledge that your Subscription has an initial prepayment feature for 12 months of service and a recurring renewal fee at the Subscription rate at which you originally purchased until you cancel your Subscription renewal. You accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Win the Mental Game™ after the expiration date of your payment card.
CANCELLATION POLICY FOR ANNUAL SUBSCRIPTION RENEWALS
You may cancel your current Annual Subscription renewal at any time prior to the renewal of your current Subscription term. To do so, please send us a message at support@winthementalgame.com and we will be happy to do this for you.
REFUND POLICY FOR ANNUAL SUBSCRIPTIONS
Annual Subscription renewals cancelled during the first 30 days following delivery of the first shipment may be refunded in full. Refunds will be based on the price paid for the Subscription. Beyond the first 30 days from delivery of the first shipment users are no longer eligible to receive a refund.
ANNUAL SUBSCRIPTION SHIPMENTS
Annual Subscriptions shipments occur every 340 days, beginning with the initial purchase. Shipments do not align to the calendar quarter.
FRAUD PROTECTION
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
COPYRIGHT
Images of people, places or products posted on the site or Subscriptions are either the property of Win the Mental Game™, or are used by us with express permission. Unless otherwise noted, all content included on the site or Subscriptions, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Win the Mental Game™ or its partners or affiliates and is protected by United States and international copyright laws. The compilation of the site or Subscriptions is the exclusive property of Win the Mental Game™ and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on the site or Subscriptions is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications, regulations and statutes. You may use the materials or content on the site or Subscriptions only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the site or Subscriptions, please contact us. You are granted a limited license to use the site or Subscriptions for personal use only. Such grant does not permit you to do any of the following: (1) use the site or Subscriptions or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the site or Subscriptions not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the site or Subscriptions in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the site or Subscriptions or to collect any information from the site or Subscriptions or any other user of the site or Subscriptions. Notwithstanding any of these Terms of Service, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the site or Subscriptions, and to block or prevent future access to and use of the site or Subscriptions for any reason or no reason. Upon termination, these Terms of Service will still apply.
DIGITAL MILLENNIUM COPYRIGHT ACT
Win the Mental Game™ expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on the site or Subscriptions without authorization, you may notify us with the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, email address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
CHANGES TO THE WEBSITE; DISCLOSURE
We further reserve the right to remove, delete, redact or otherwise modify content on the site or Subscriptions, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the site or Subscriptions may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. If the site or Subscriptions contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the site or Subscriptions, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site or Subscriptions will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the site or the Subscriptions for any reconstruction of any lost data. Your use of the site, the subscriptions, their content or items obtained through the site or subscriptions is at your own risk. The site, the subscriptions, their content or items obtained through the site or subscriptions are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Win the Mental Game™ hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. In no event will Win the Mental Game™, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, the subscriptions, any websites linked to it, any content on the site or subscriptions or such other websites or any services or items obtained through the site or subscriptions or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Win the Mental Game™, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the site or Subscriptions, including use of its content, or (2) your violation of these Terms of Service, our Privacy Policy, any other terms or rules applicable to the site or Subscriptions, any rights of any other person or entity, or any applicable laws, rules or regulations.
GOVERNING LAW
All matters relating to the site, the Subscriptions and these Terms of Service and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the site or Subscriptions shall be instituted exclusively in the federal or state courts in and for Durham County, North Carolina, or a county contiguous thereto.
ADEQUATE EQUIPMENT
Your use of the site or Subscriptions is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the site or Subscriptions and it is your responsibility to ensure the equipment’s functionality.
MISCELLANEOUS
From time to time we may revise these Terms of Service to reflect changes in the site or Subscriptions or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Service at any time in our sole discretion. Your continued use of the site or Subscriptions means that you accept and agree to these Terms of Service as amended or revised by us from time to time, and you should therefore review these Terms of Service regularly to ensure that you are aware of its terms. You will know if these Terms of Service have been revised since your prior visit to the site by referring to the “Effective Date of Current Policy” at the top of this page. We control and operate the site and Subscriptions from the United States. If you choose to access the site or Subscriptions from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any merchandise purchased from the site or Subscriptions will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. No waiver by Win the Mental Game™ of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Win the Mental Game™ to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
ENTIRE AGREEMENT
These Terms of Service and the Privacy Policy constitute the sole and entire agreement between you and Win the Mental Game™ with respect to the site and Subscriptions and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site and Subscriptions. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.