TERMS OF SITE USE AGREEMENT

Please read this agreement carefully before using this site. By using this site you consent to all terms of site use as described in this agreement. If you do not agree to the terms and/or conditions outlined herein you may not use or access this site nor utilize the products or services offered by The Fearless Mind (“The Fearless Mind”). The content of this site is for educational and informational purposes only. In no way should this site be utilized as a substitute for professional diagnosis, treatment or advice from your physician, or other healthcare professional. Consult with your physician or other qualified healthcare professional before beginning any medicinal, nutritional, herbal, educational, dietary or exercise program.

COPYRIGHTS AND TRADEMARKS

All designs, logos, product names, icons, text, graphics, sounds, software and other content including the arrangement thereof, are the sole property of The Fearless Mind or its licensors, all rights reserved. Any use of this or other material(s) from this site, modification, distribution, replication, exploitation or creation of derivative works is strictly prohibited without the expressed written permission of The Fearless Mind or its licensors.

PRIVACY POLICY

The Fearless Mind respects consumer privacy and we want our website visitors to know what information we collect about them and how they can limit the use of personally identifiable information beyond the purposes for which they first provided it. At all times, however, The Fearless Mind reserves the right to disclose information where required by law or to comply with valid legal process (such as a search warrant, subpoena or court order), to protect the company’s rights or property (including without limitation in the event of a transfer of control of The Fearless Mind or substantially all of its assets), or during emergencies when safety is at risk. Also, this policy only applies to the collection of information at www.thefearlessmind.com Different policies may apply to other websites or information that we obtain offline.

We do not view your Personal Achievement Journal or collect information from your Journal, unless you specifically authorize us in writing to do so.

We do not collect personally identifiable information about you unless you specifically and knowingly provides this information. The Fearless Mind may use this information provided by you for promotional and marketing purposes. This information may be made available to certain marketing partners of The Fearless Mind for their work on behalf of The Fearless Mind. Additionally, The Fearless Mind reserves the right to share information with selected third parties in order to provide you with information about products or services that we think you would like to receive.

We may use personally identifiable information we collect to respond to an email or other inquiry or request, to help improve our website and our services, to customize your experience at our website, or to send updates or notices about our company and the products we offer that we think may be of interest to you. We may also combine this information with other generally or publicly available information to help us identify visitors’ preferences or interests. We may provide information that identifies you to companies that assist us in these activities, such as helping us fulfill your request for a product, service, or information or to selected third parties that offer products or services that The Fearless Mind thinks will be of interest to you.

Our site uses “cookies” to keep track of purchases you make in your shopping cart and to identify you each time you return to the site. Our site uses forms in order for site users to request information, products and/or services. These forms collect necessary information to fulfill your request(s). Name, address, telephone number, email address, credit card number and expiration date can be used when and as given by you in order to properly fulfill your request(s). You may opt-out of receiving previously requested information, products and/or services or otherwise have your information removed; see the modify/opt-out section below. We will not use “cookies” or other devices to follow your browsing activities on the Internet.

Most browsers permit you to refuse to accept a “cookie” from being stored on your computer. You will not be denied access to any part of the web site if you choose not to accept a “cookie.” However, transactions through this web site may be delayed due to the time it takes you to re-enter basic information necessary to complete a transaction.

Children’s Privacy

The Fearless Mind’s web site is intended for adults. We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at info@thefearlessmind.com , or The Fearless Mind, 1325 South 800 East, Orem, UT 84097, if he or she wants this information deleted from our files. If The Fearless Mind otherwise obtains knowledge that it has personally identifiable information about a child under 13 in its files, we will delete that information from our existing files so that it is not in retrievable form.

Other User Responsibilities

Users of thefearlessmind.com or any The Fearless Mind product(s) and/or service(s) are solely responsible for protecting his or her privacy at home, in the office or at any other site employed by the user. The Fearless Mind and its affiliates cannot be held accountable or liable for any and all damages related to a user’s failure to properly file and/or privatize personal communications or other informational disclosures, purchasing transactions and invoices, and all other communications. Failure of the user to properly privatize such communications and/or transactions is the sole responsibility of the user.

Third-Party Websites

thefearlessmind.com may contain links to third party sites that users may or may not find useful. These sites may have their own privacy policies. You should review the privacy policy of any Web site before utilizing or providing personal or confidential information.

Liability

Use of thefearlessmind.com, products and/or services of The Fearless Mind and all associated content(s) is at your own risk. In no event shall The Fearless Mind, its licensors, suppliers, affiliates and or associates mentioned on thefearlessmind.com be liable for any damages, including but not limited to, incidental and consequential damages, personal injury, wrongful death, lost profits, damages resulting from lost data caused by use or misuse of this site, content or public areas.

Forum & Chat Room (Community Area) Rules

You are solely responsible for everything you post or read in forum and/or chat room areas of thefearlessmind.com. Any and all information you read or use in any way is your responsibility, as are any related consequences. Be advised that voluntary disclosure of your personal information, including but not limited to your user name, email address etc., in these areas can be collected and used by others and may result in unsolicited messages or other from other users or parties.

By entering and using The Fearless Mind forum or chat areas, you and all users agree to the following:

Users will not post information related to, but not limited to, advertisements, solicitations, spam, “chain-letters” and or “pyramid schemes.”

Users shall not use these areas to post material that infringes on the intellectual rights, copyright, right to privacy, distribute viruses or any other type of damaging, disrupting computer code, or in anyway that violates local, state, national or international law.

Users shall not post any material; whether word, phrase, description, image or graphic deemed obscene, harassing, abusive, slandering, threatening, embarrassing, and hateful against any person, race, ethnic group or other entity. Users shall not engage in any activity that exposes The Fearless Mind, its customers and/or affiliates to any kind of liability. All said content to be determined at sole discretion of The Fearless Mind.

Users shall not intentionally disrupt the flow of communication(s) or engage in any conduct that restricts or inhibits other users from accessing or using these areas as intended.

Users shall not allow any party to use their user name or password to post or view communications.

The Fearless Mind reserves the right, but is not obligated to, investigate and police at its own discretion any and all allegations concerning posted communications that may or may not conform to the rules stated for use of community areas. Policing may include communication edits or even removal of postings deemed abusive, illegal, disruptive or otherwise not in compliance with these policies, and may also include termination of user access to the community area(s) or thefearlessmind.com.

Modify/Opt-Out

The Fearless Mind gives its users the following options for removing or modifying information previously provided. Users may opt-out to have their information removed from our database if they wish to not receive future communications or to no longer receive services provided by The Fearless Mind. Users may modify information previously provided to update their record in our database.

Send email with description to: info@thefearlessmind.com

Send mail to: The Fearless Mind, 11218 East Teton Drive, Lindon 84042.

Store Order Form: You can update your contact and demographic information each time an order is placed through our online store. Financial information is not retained or stored as part of the your shopping profile, so you must enter your credit card number each time you place an order.

If you have questions about this Terms of Site Usage Agreement, the practices of this site or other, please contact The Fearless Mind using one of the methods above.

Data Integrity and Security

We use industry standard technology to keep any information you provide as secure as possible. We also have in place contractual obligations with our vendors designed to help ensure that personal data is protected from unauthorized access or disclosure. All The Fearless Mind employees must abide by The Fearless Mind’s Privacy Policy. Only authorized employees and vendors or contractors are permitted to have access to personally identifiable data about website visitors, and that access is limited to what is reasonably needed to perform an employee’s responsibilities, such as providing updates or notices or customer service. Employees who violate our privacy policies are subject to disciplinary action, up to and including termination.

Applicable Law and Jurisdiction

This Terms of Site Usage Agreement shall be governed and construed in accordance with the laws of the State of Utah. Each user agrees to submit to personal jurisdiction in the State of Utah and further agrees that any cause of act arising from or relating to the use of this site or agreement shall be brought exclusively in a court of Utah.