Mindful Noggin, Inc., a Colorado corporation, supplies the content, products or
Products listed on www.mindfulnoggin.com (the “Website”), through our e-learning
courses and community or other delivery methods to you (the Website and such
content, products, Products and courses are collectively referred to herein as
the “Product” or “Products”, which may be updated from time-to-time at the sole
discretion of Mindful Noggin). Please read these terms and conditions,
carefully before ordering any Products from the Website. These Terms are a legally binding agreement
and by selecting “I agree”, you accept the terms and have entered
into a binding contract with Mindful Noggin.
The terms “we”, “us”, “our” and “ours” when used in these terms mean Mindful
Noggin, which includes any parent company, subsidiaries, branches or affiliates
under common ownership or control of Mindful Noggin. The terms “you”, “your”
and “yours” when used in these terms mean any user of the Products
1. Product Use
(a) These Terms set out the basic
agreement between you and us for the use the Products. In order to participate
in certain Products, you may be required to agree to additional terms and
conditions; those additional terms are hereby incorporated into these Terms.
Where such terms are inconsistent with these Terms, the additional terms shall
(b) AS PART OF YOUR USE OF THE
PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR
PERSONAL INFORMATION, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL
INFORMATION FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE
OF THE PRODUCTS. WE WILL TAKE MEASURES
AS REQUIRED TO COMPLY WITH APPLICABLE UNITED STATES LAW REGARDING THE TRANSFER,
STORAGE AND USE OF CERTAIN PERSONAL INFORMATION. BE ADVISED, HOWEVER, THAT BY AGREEING TO
THESE TERMS YOU ARE AGREEING TO THE UNITED STATES STANDARDS FOR PRIVACY
PROTECTION RATHER THAN THOSE THAT MAY BE APPLICABLE TO YOUR COUNTRY OF
RESIDENCE, AND THE UNITED STATES STANDARDS MAY NOT BE AS HIGH AS THOSE IN YOUR
COUNTRY OF RESIDENCE.
2. Understanding Mindful Noggin
You acknowledge and agree that Mindful Noggin offers a variety of Products designed. You also acknowledge that if you choose to
access and use any Mindful Noggin Products, you are solely responsible for
deciding which of the suggested techniques you put into practice and how to
apply those techniques.
In addition, you acknowledge and agree that the Mindful Noggin Service is
not intended to diagnose, treat or otherwise address any medical problem, and
the information on the Products, whether posted by Mindful Noggin employees, or
other users, is provided for your information and not as medical advice and
should not be seen as a replacement for consultation with a doctor or other
qualified healthcare professional. If you receive advice from a doctor or other
qualified medical professional that conflicts with anything contained in the Products
then the former should take precedence.
3. Right of use
Certain content and features of the Products are only available to
individuals who pay a fee. Unless otherwise specified, we grant you a limited,
non-exclusive, non-transferable, revocable right to make personal
non-commercial use only of that content and those features of the Products in
respect of which you have paid all applicable fees and charges, provided that
you comply fully with the provisions of these Terms.
All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes,
levies, or duties. Mindful Noggin may change the prices of Paid for Products
from time to time. Any price change will be published on the Website. You
understand that only you may use your user account, and that your subscription
to any Paid for Service is only valid for your own personal, non-commercial use
and may not be shared with others.
Certain subscriptions to Products are available such that the subscription
is automatically renewed (“Repeating Subscription”). Payment for a Repeating Subscription will be
taken automatically by Mindful Noggin from you in advance for the coming
subscription’s term. We will ask for your consent before any such Repeating
Subscription is initiated, and you may cancel any Repeating Subscription set up
via the Website from your Account page at any time.
Payments made via the Website are processed securely via an e-commerce
platform. We do not store credit card details. You represent that you are the
owner, holder and authorized user of the credit or debit card specified by you
and you agree that we are authorized to take payments from your account as and
when they become due.
We reserve the right to change the subscription fee and billing methods at
any time and shall notify you of all such changes prior to the renewal date
when changes are to be implemented. Your continued use of the Products and Paid
for Products shall constitute acceptance of such changes.
is billed on a monthly basis and is non-refundable. There will be no refunds or
credits for partial months of service or refunds for months unused with an open
account. All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all such taxes,
levies, or duties.
6. Modifications to Terms
Mindful Noggin reserves the right to
vary the Terms from time to time by amending this page. Any changes or updates will be effective
immediately upon posting to www.Mindful Noggin.com. Your continued use
of the Products constitutes your agreement to abide by the Terms as changed.
Under certain circumstances we may also elect to notify you of changes or
updates to our Terms by additional means, such as pop-up or push notifications
within the Products or email.
The layout, design, content and graphics on the Products and the Mindful
Noggin Service are protected by US and other international copyright laws.
Unless expressly permitted in writing and other than printing a small
proportion of content or displaying this on your screen or both, (strictly for
your personal non-commercial use), no part of the Products may be reproduced or
stored in any medium, including but not limited to a retrieval Products, or
transmitted, in any form or by any means (electronic, mechanical, photocopying,
recording, broadcasting), nor shown in public. You may not create any
derivative work or make any other adaptation, without our prior written
consent. You must not modify the copies you have displayed or printed in any
way and you may not use any illustrations, photographs, videos or audio
sequences or any graphics separately from any accompanying text.
If you print off or download any material from the Products in breach of
Service will cease immediately and you must at our option return or destroy any
copies of the materials you have made. All rights not expressly granted in
these terms or any express written license, are reserved. For all other uses of
our content or images you must contact us and obtain our prior written
The Mindful Noggin logo and the name “Mindful Noggin” are
trademarks owned by Mindful Noggin. Any use, including, but not limited to,
framing, meta tags or other text using the Mindful Noggin logo or the Mindful
Noggin name or other trademarks displayed, is strictly prohibited without our prior
8. Prohibited uses
You agree that you
will not use the Products to:
- Upload, post, email or otherwise transmit any content or materials
that are unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable, at our sole
and absolute discretion;
- Harm minors in any way, or solicit or otherwise attempt to gain any
information from a minor;
- Impersonate any person or entity, including, but not limited to, any
user of this Products, a director, officer, employee, shareholder, agent
or representative of Mindful Noggin or our affiliates, or any other person
or entity, or falsely state or otherwise misrepresent your affiliation
with Mindful Noggin, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Postings or other materials transmitted to or through
- Upload, post, email or otherwise transmit any materials that are not
your own, or that you do not have a right to upload, post, email or
otherwise transmit under any law or under contractual or fiduciary
relationships (such as insider information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
- Upload, post, email or otherwise transmit any content or other
materials that infringe upon any patent, trademark, trade secret,
copyright, right of privacy or publicity or other proprietary rights of
- Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,”
or any other form of commercial solicitation except in the areas, if any
that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any content or other
materials that contain software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialog, cause a screen to
“scroll” faster than other users of the Products are able to
type, or otherwise act in a manner that negatively affects or otherwise
diminishes the quality of another user’s experience of this Products;
- Interfere with or disrupt the Products or servers or networks
connected to the Products, or disobey any requirements, procedures,
policies or regulations of networks connected to the Products;
- Intentionally or unintentionally violate any applicable laws and/or
- “Stalk” or otherwise harass another user of the Products
and/or any employee of Mindful Noggin;
- Solicit, collect or post personal data or attempt to solicit, collect
or post personal data about other users of the Website from the Website
(including user names or passwords) or about any other third party; and/or
- Access or attempt to access another user’s account
without his or her consent.
- Knowingly transmit any data, send or upload any material
that contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware or any other harmful programs or similar
computer code designed to adversely affect the operation of any computer
software or hardware.
You also agree not
- reproduce, duplicate, copy or re-sell any part of the Products in
contravention of the provisions of these Terms.
- resell access to the Products.
- frame the Products or any part of the Products.
- copy any material obtained from the Products to peer to peer networks
or other web sites or web Products.
- access without authority, interfere with, damage or disrupt any part
of the Products; any equipment or network on which the Products is stored;
any software used in the provision of the Products; or any equipment or
network or software owned or used by any third party.
9. Term and Termination
These Terms between you and Mindful Noggin will become effective when you
start using the Products and will remain effective until terminated by you or Mindful
Noggin. Mindful Noggin reserves the right to terminate these Terms or suspend
your Mindful Noggin account for breach of these Terms as judged entirely in
Mindful Noggin’s discretion. If Mindful
Noggin terminates these Terms or suspends your Mindful Noggin account, Mindful
Noggin shall have no liability or responsibility to you whatsoever, and Mindful
Noggin shall not refund any amounts that you have paid.
10. No warranty
As with any purchase of a product or service through any medium or in any
environment, you should use your judgment and exercise caution where
appropriate. No advice or information whether oral or in writing obtained by
you from Mindful Noggin shall create any warranty on behalf of Mindful Noggin
in this regard. Mindful Noggin gives no
warranty, express or implied, as to the quality, content and availability or
fitness for a specific purpose of the Products or to the accuracy of the
information contained in any of the materials on the Products. Mindful Noggin
shall not be liable to any person for any loss or damage of any kind, which may
arise, directly or indirectly from the use of or inability to use any of the
information contained in any of the materials on the Products. There is no
guarantee of availability of information on the Products at any time, nor that
it is up to date or error-free.
11. Release of Liability
To the fullest extent applicable permitted by applicable laws, you hereby
fully and finally release Mindful Noggin, its affiliates, officers, directors,
employees, licensors or any third parties from liability for any direct,
indirect, incidental, special or consequential damages of any kind whatsoever
resulting directly or indirectly from either the use of the Products or your inability
to use the Products, for whatever reason. If any part of this limitation of liability is
found to be invalid or unenforceable for any reason, then the aggregate
liability of Mindful Noggin (including any of its affiliates, service providers
and licensors) under such circumstance for liabilities that otherwise would
have been limited, shall not exceed amounts paid by you to Mindful Noggin for
12. Technology limitations and modifications
Mindful Noggin will make reasonable efforts to keep the Products
operational. However, certain technical difficulties, maintenance, or any other
cause beyond our reasonable control (including (but not limited to) failure of
the internet, natural disaster, labor shortage or dispute, or governmental act)
may, from time to time, result in interruptions. Mindful Noggin reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, functions and features of the Products with or without notice.
You agree not to hold us liable for any such failure or delay in performance
and we agree to make all reasonable efforts to restore the Products (or any
part thereof) as soon as practicable. Following any disruption within Mindful
Noggin’s reasonable control we shall extend your access to the Paid for Products
for at least the duration for which those Paid for Products were inaccessible
on written request to the below address.
13. Assignment by Mindful Noggin
Mindful Noggin may assign (or otherwise transfer) these Terms or any part
of it without restrictions. You may not assign (or otherwise transfer) these
Terms or any part of the Terms to any third party.
14. Entire agreement
These Terms constitutes all the terms and conditions agreed upon between
you and Mindful Noggin and supersede any prior agreements in relation to the
subject matter of these Terms, whether written or oral, except and unless there
are additional terms provided with any particular Product. In the event that there is a conflict between
these terms and the terms associated with a specific Product, the latter terms
15. Severability and No Waiver
If any provision of the Terms is held by a court of competent jurisdiction
to be unlawful, void or for any reason unenforceable, such provision shall be
changed and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent permitted by law, and the remaining provisions
of the Terms shall remain in full force and effect. In addition, failure of Mindful Noggin to
take action to enforce these Terms on one occasion will not be a waiver of
Mindful Noggin’s right to enforce the Terms on another occasion.
16. Governing law and disputes
These Terms are
drafted pursuant to the laws of the State of Colorado, and these Terms shall be
governed and interpreted under the same.
All provisions relating to release of liability, intellectual property use,
indemnification, severability, waiver, and governing law shall survive
termination of these Terms.
You can contact us via the following details:
Please note that we are unable to answer any inquiries requesting medical
advice. Such inquiries should be addressed to an appropriate, qualified health