These Terms of Use constitute an agreement (this “Agreement” or these “Terms of Use”) by which each User (as such term is defined herein) shall be bound.  Failure to abide by any of the terms or conditions set forth in this Agreement shall be grounds for The Minded Institute (the “Institute”) to deny access to the Site (as such term is defined herein).  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.  If you do not agree to be bound by the terms of this Agreement, you may neither use nor access our services.  The Terms of Use are subject to change by the Institute at any time, effective upon posting on the Site, and your use of the Site after such posting will constitute acceptance by you of such changes.

  1. Site. The Institute owns and operates a website commonly known as “TheMindedInstitute.com” (the “Site”).
  2. User. Individuals may visit the Site for a variety of purposes.
  • Some individuals may wish to visit the Site to learn more about the Institute without disclosing any of their PII (as such term is defined in the accompanying Privacy Policy).
  • However, if an individual visiting the Site wishes to download any of our prospectuses, that individual must provide his or her correct legal name, as well as valid email address and phone number.
  • Individuals who wish to receive the Institute’s newsletter must provide a valid email address.
  • Individuals who wish to register for one or more of the Institute’s course shall be required to provide more PII (see registration form for details)
  • Individuals who have graduated one of the Institute’s courses of study and are active practitioners in the areas of yoga, mental health care, medicine, holistic health or other disciplines approved by the Institute (collectively, “Professionals”), may be permitted to post their professional profile on the Site. Special conditions regarding such postings by Professionals are addressed below in these Terms of Use.
  1. Service. The Site offers visitors an opportunity to learn about goods and services provided by the Institute, to register for courses conducted by the Institute, to enter their PII on the Site so as to receive communications from the Institute, to learn about goods and services offered by Professionals, and, in the case of Professionals, to post their professional profiles (collectively, the “Service”).
  1. Bona Fide Use. If you submit PII, you will submit only true and correct PII that is personal to you. In addition, your use of the Site must be for the bona fide purpose of receiving the Service.
  1. Disclaimers Regarding Yoga Practice.
  • Always consult your health care provider and obtain full medical clearance before practicing yoga or any other exercise program. Yoga must always be practiced under the direct supervision of a qualified instructor. Practicing under the direct supervision and guidance of a qualified instructor may reduce the risk of injuries. Not all yoga poses are suitable for all persons. Practicing under the direct supervision and guidance of a qualified instructor, in addition to the direction of your healthcare provider, can also help determine what poses are suitable for your particular case.
  • The information provided in Site is strictly for reference only and is not in any manner a substitute for medical or psychological advice or direct guidance of a qualified yoga instructor.
  • The Institute assumes no responsibility or liability for any injuries or losses that may result from practicing yoga or any other exercise program. The Institute makes no representations or warranties with regard to the completeness or accuracy of information on this website, any linked websites, books, DVDs, or other products or services represented herein.
  1. Your Interactions with Other THIRD PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, PROFESSIONALS. You are solely responsible for your interactions with OF THE THIRD PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, PROFESSIONALS.  You understand that THE INSTITUTE does not in any way screen its THIRD PARTY PROVIDERS, nor does THE INSTITUTE inquire into the backgrounds of SUCH THIRD PARTY PROVIDERS or attempt to verify the statements, REPRESENTATIONS OR WARRANTIES of SUCH THIRD PARTY PROVIDERS. THE INSTITUTE makes no representations or warranties as to the conduct of THIRD PARTY PROVIDERS, their compatibility with any current or future Users OF THE SITE, OR THE QUALITY OF ANY GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDERS.  In no event shall THE INSTITUTE be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER, OR ANY GOODS OR SERVICES OF ANY THIRD PARTY PROVIDERS.  You agree to take reasonable precautions in all interactions with THIRD PARTY PROVIDERS.  You understand that THE INSTITUTE makes no warranties or guarantees, either express or implied, regarding THE QUALITY OR APPROPRIATENESS OF ANY OF THE GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDER to any user OF the SITE.

 

  1. Content on the Site.
  • Proprietary Rights. The Institute owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Institute and certain Professionals.  You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
  • Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Site (including, without limitation, from Professionals) are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content. The Institute does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site.  Under no circumstances will the Institute or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on or available through the Site.
  • Links to Third Party Provider Websites/ Dealings with Professionals and other Advertisers. The Site may contain links to World Wide Web sites of third party providers (including without limitation, Professionals and other advertisers) which are not under the control of the Institute.  You acknowledge and agree that the Institute is not responsible or liable for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites.  Your correspondence or business dealings with, or participation in promotions of, third party providers (including, without limitation, Professionals and other advertisers) found on or through the Site are solely between you and such third party providers.  You further acknowledge and agree that the Institute will not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site, including the sharing of the information you supply to the Institute with third party providers (including, without limitation, Professionals and other advertisers), or as the result of the presence of such third party providers on the Site. Please visit our Privacy Policy to learn more about how we use your information.
  1. Professionals’ Profiles. Each Professional hereby represents, warrants and covenants to the Institute as follows:
  • All PII posted by you shall be true and correct. If any such PII shall no longer be true and correct, it shall be your responsibility to unsubscribe from the Site, and, at your option, re-register on the Site with true and correct PII.
  • Professionals may post their prices for classes, class descriptions, professional qualifications, biographies and one portrait photograph, however video and audio files and third party content are prohibited.
  • By entering PII onto or through the Site, you automatically grant, and represent and warrant that you have the right to grant, to the Institute, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing, in accordance with the terms of the Privacy Policy.
  • You acknowledge that the Institute does not accept onto the Site any submission of a Professional that: (i) contains libelous, indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by the Institute, in its sole discretion), or any illegal subject matter or activities; (ii) violates any law or regulation governing false or deceptive advertising, comparative advertising or trade disparagement; (iii) contains any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (iv) infringes on any copyright, trademark, patent or other proprietary right, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (v) contains any “worm”, “virus” or other device that could impair or injure any person or entity; (vi) harasses or advocates harassment of another person; (vii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming;” (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes (collectively referred to as the “Prohibited Content”). You shall not post any Prohibited Content anywhere on the Site.
  • You are solely responsible for any and all legal liability arising out of or relating to your breach of any term or condition set forth in this Agreement, including, without limitation, your posting of Prohibited Content anywhere on the Site. You hereby agrees to indemnify, defend and hold harmless the Institute and its officers, directors, agents, employees and independent contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (i) for libel, defamation, violation of right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with your use of the Site; (b) arising out of any breach by you of any representation, warranty or covenant under this Agreement; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from a posting made by you on the Site.
  • The Institute reserves the right to remove any Professional’s profile page, with or without cause, without prior notice.
  1. NO WARRANTIES; LIMITATION OF LIABILITY. THE SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WITH REGARD TO THE SITE OR ANY COMPONENT THEREOF, THE INSTITUTE MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.  THE INSTITUTE DOES NOT WARRANT THAT INFORMATION DERIVED FROM THE SITE, DIRECTLY OR INDIRECTLY, WILL FULFILL ANY USER’S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  USE OF THE SITE SHALL BE AT EACH USER’S OWN DISCRETION AND SOLE RISK.  EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM OR THROUGH THE SITE.  THE INSTITUTE SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF THE INSTITUTE IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  In addition to the foregoing and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Institute makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.
  1. Links. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Institute has no control over such sites and resources, you acknowledge and agree that the Institute is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, goods, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, advertising, products, goods or services available on or through any such site or resource.
  1. Inconsistency. In the event of any inconsistency between the Institute’s Privacy Policy and this Agreement, this Agreement shall control.
  1. Modifications. The Institute may modify this Agreement at any time, and without prior notice, by posting amended terms on the Site.  Your continued use of the Site indicates your acceptance of the amended Agreement.
  1. Eligibility. You must be at least eighteen (18) years of age use to register as a Professional.  By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  1. Refusal of Service. The Institute may prohibit any party to use the Site, or any reason whatsoever or for no reason.
  1. Disclosure By Law. You acknowledge and agree that the Institute may disclose information you provide (including, without limitation, PII) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if the Institute, in its sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend the Institute’s, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence or abuse against any person is threatened.
  1. Termination. You acknowledge and agree that the Institute may, with or without cause, immediately terminate your access to the Site without prior notice. The Institute is not required, and may be prohibited, from disclosing a reason for the termination of your access.   Reasons for termination shall include, without limitation, (i) breaches or violations of this Agreement the Institute’s policies as may be in effect from time to time, (ii) requests by any governmental agency, (iii) technical problems, and (iv) extended periods of a User’s inactivity.  The Institute may terminate your use by sending notice to you at the email address you provide in your registration with the Site, or such other email address as you may later provide to the Institute.  All decisions regarding the termination of your access shall be made in the sole discretion of the Institute.  Even after your access is terminated, this Agreement will remain in effect.  All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. You may unsubscribe to our communications by clicking here:  info@themindedinstitute.com and typing “UNSUBSCRIBE” in the subject line.
  1. Blocking of IP Addresses. In order to protect the integrity of the Site, the Institute reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
  1. Privacy. Use of the Site and/or the Service is also governed by our Privacy Policy.
  1. Activity Monitoring. Although the Institute has the right to monitor activity and content associated with the Site, the Institute is under no obligation to do so.
  1. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the United Kingdom.
  1. Severability. Invalidation of any one of the covenants or terms of hereof, by judgment of a court, shall not affect any of the other provisions of hereof which shall remain in full force and effect.
  1. No Waiver. No waiver of any breach of any provision of this Agreement by the Institute shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the Institute.
  1. Entire Agreement. This Agreement contains the entire agreement between you and the Institute regarding the use of the Site.

Please contact us at info@themindedinstitute.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.