Whoa! That’s a LOT of legal stuff! Our lawyers say that we need to tell you to read every word (just like you read all the terms before installing iTunes ;-). So here’s a summary list of the 7 key things we’d like you to remember about using MentalApp:
As a user of this app, I agree that access to and use of this app are subject to the following terms and conditions and other applicable laws. By moving past this screen, I agree to abide these terms and conditions.
Quick Summary:
- Confidentiality: I understand that my account information will be kept confidential and available only to me, my coaches and the Mental Training, Inc (MTI) staff. MTI won’t tweet your personal info to the world.
- Guarantee: I understand that MTI guarantees the quality of the MentalApp content, but does not guarantee that my performance will improve. Obviously I have a big role in learning and applying the MentalApp information. You’ll have to do some work too (sorry)!
- Usage: I agree to be the only person who uses this MentalApp account. The one exception is if I am a minor (less than 18 years of age) and I require assistance. In that case, my parents and/or coach may use this account to assist me. I understand that I may wish to allow others to observe my results, but all data in my account will be mine. You can’t let your whole neighborhood use your account!
- Information Sharing: I agree not to share the information I learn from MentalApp with people outside of my support team (family, coaches, trainers). It’s ok to let others know I am using MentalApp, but I agree to only discuss MentalApp skills and information with people who have their own account. You’ll likely become mentally tough, but MentalApp won’t make you into a Sport Psychologist!
- Therapy: I understand that MentalApp is designed to enhance the performance of ‘normal’ people. Neither MentalApp nor the MTI staff are providing therapy to treat a psychological disorder. Hey, anger, fear and nervousness are normal! You’ll soon learn to make them go away.
- “G” Rating: I understand that all content on the MentalApp app is rated G for family and is written for users 12 years of age and older. Users younger than 12 may need support from a family member to maximize the effectiveness of MentalApp. Your parents can relax – all MentalApp content is safe.
- Liability: I agree that the creators of MentalApp (Mental Training, Inc.) will not be held liable for “Acts of God,” connection outages or MentalApp mis-uses. Don’t sue MentalApp if you slip on the ice!
Disclaimer
This app does not intend to provide medical advice or the ability to diagnose or treat disease in any way. It is intended to provide performance and related information to promote normal physiological and mental functioning. The statements made on this app have not been evaluated by the Food & Drug Administration. Any products displayed on this app are not intended to diagnose, treat, cure or prevent any disease.
Copyright
The entire content included in this app, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mental Training, Inc. and/or respective suppliers. It is intended to provide performance and related information to promote normal physiological and mental functioning. The collective work includes works that are licensed to Mental Training, Inc., Copyright 2013, ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the app solely for your own non-commercial use, or to place an order with Mental Training, Inc. or to purchase Mental Training, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this app is strictly prohibited, unless authorized by Mental Training, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the app.
Trademarks
All trademarks, service marks and trade names used in MentalApp are trademarks or registered trademarks of Mental Training, Inc. or their respective partners.
Warranty Disclaimer
This app and the materials and products on this app are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mental Training, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mental Training, Inc. does not represent or warrant that the functions contained in the app will be uninterrupted or error-free, that the defects will be corrected, or that this app or the server that makes the app available are free of viruses or other harmful components. Mental Training, Inc. does not make any warrantees or representations regarding the use of the materials in this app in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Mental Training, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this app or the performance of the products, even if Mental Training, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Mental Training, Inc. product is mistakenly listed at an incorrect price, Mental Training, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mental Training, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mental Training, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the app and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Mental Training, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Mental Training, Inc. may deliver notice to you by means of e-mail, a general notice on the app, or by other reliable method to the address you have provided to Mental Training, Inc.
Miscellaneous
Your use of this app shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this app (including but not limited to the purchase of Mental Training, Inc. products) shall be in the state or federal courts located in Dallas County, Texas. Any cause of action or claim you may have with respect to the app (including but not limited to the purchase of Mental Training, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Mental Training, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Mental Training, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the app, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mental Training, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the app is prohibited. You may not upload to, distribute, or otherwise publish through the app any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the app or use the app to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Mental Training, Inc. does not and cannot review all communications and materials posted to or created by users accessing the app, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the app, Mental Training, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the app. However, Mental Training, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Mental Training, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mental Training, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the app using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Mental Training, Inc. may link to apps operated by third parties. However, even if the third party is affiliated with Mental Training, Inc., Mental Training, Inc. has no control over these linked apps, all of which have separate privacy and data collection practices, independent of Mental Training, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mental Training, Inc. seeks to protect the integrity of its app and the links placed upon it and therefore requests any feedback on not only its own app, but for sites it links to as well (including if a specific link does not work).
