Last updated 17th April 2014
Thank you for visiting the ThoughtInspire.com® website (the "Site"). By using this Site, you ("you", "your") accept these terms and conditions (the "Terms"). If You do not accept these Terms, do not use this Site. ThoughtInspire.com is a trading name of and is operated by Mind One Digital Limited, a private company limited by shares and Incorporated and Registered in Scotland No SC401083 and whose Registered Address is 4th Floor, 115 George Street, Edinburgh,
EH2 4JN, United Kingdom ("we", "us", "our"). By purchasing any product through this Site (the "Product" or "Products"), You agree to the following Terms.
1) Every effort has been made to design The Site and Products to be useful, informative, helpful, honest and fun and to accurately represent the Product and its potential. However, as is naturally the case, each person's success depends upon his/her dedication to the program, their background, commitment and many other factors. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your knowledge and the various skills which we mention in our Products. Since these factors differ according to the individual, we cannot guarantee individual success or determine your results.
2) Information, our Products and content on our Site have not been evaluated by any independent or government body or entity. None of our Products are intended to treat, diagnose, cure or prevent any disease, dysfunction or condition, mental or physical, in any way whatsoever. None of the information or Products on our Site should be regarded as medical advice in any way whatsoever.
3) BrainTune® technology and any of our Products should not be used if you suffer from epilepsy, if you have a serious mental disorder, if you are pregnant, if you are prone to seizures, if you wear a pacemaker, if you are photosensitive, or if you are under the influence of medication or drugs. Do not use BrainTune® technology or our Products when you need to stay fully alert. Do not use when driving or operating heavy machinery.
Seek medical advice if you are unsure of any of these warnings.
4) We recommend that users of our Products are aged 18 years and over.
5) Materials in our Products and our Site may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate", "estimate", "expect", "project", "intend", "plan", "believe" and other words and terms of similar meaning in connection with a description of potential intelligence gains or intellectual performance. These forward looking statements do not guarantee that you will receive similar gains in intellectual performance.
6) Unless stated otherwise, scientific research, institutions and individuals mentioned on our Site are not connected to or affiliated with Mind One Digital Limited, our information or our Products in any way whatsoever. The research and information is only presented to illustrate that there is scientific research on the topic of cognition and for the purpose of adding to your understanding of some aspects of the content on our Site. Any research referenced may be erroneous or have gross omissions and by accepting these Terms, you confirm that you understand that we in no way warrant the validity of said information. All information and research provided is provided on an "as is" basis.
7) Some of our techniques and methods have no or limited researched scientific basis and should therefore be regarded as solely the opinion of Mind One Digital Ltd. These techniques are based on our own in-house research regarding the results you can expect.
8) The testimonials / endorsements included on our Site abide by word of mouth marketing standards. All of our testimonials display standard and realistic results you can expect from the program. However, these results shown do not guarantee that you will experience similar results. Every person's success depends on his/her background, dedication, motivation and many other factors.
Restrictions on Use of Our Online Materials
All online materials on the Site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned, licensed and retained by us. You may download online materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) make no modifications to the materials, 3) do not use the materials in a manner that suggests an association with any of Our Products, services, events or brands, 4) do not download any materials to a database, server, or personal computer for reuse for commercial purposes unless you let us know in advance of your actions, and that your actions have been acknowledged by us and registered in our database.
you may not copy, reproduce, republish, upload, post, transmit or distribute online materials in any way or for any other purpose unless you get our written permission at ThoughtInspire.com first. Neither may you add, delete, distort or misrepresent any content on the ThoughtInspire.com site. Any attempts to modify any online material, or to defeat or circumvent our security features is prohibited and may lead to prosecution.
Everything you download, including software, files, data and all images incorporated in or generated by software, is considered licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. We retain full and complete title to the software and to all of the associated intellectual-property rights. You are not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that can be used by you, other entity or third party.
Submitting Your Online Material to Us
We do not treat any such submission as confidential. We have no liability to you or any third party for any ideas that you submit to us. If we use any idea, or a transmogrification of them, we do not have to pay you, any organization or individual any amount of money, or anything of value at all. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our ThoughtInspire.com mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
WE WILL NOT BE LIABLE EITHER TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF THIS SITE, PRODUCTS OR SERVICES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
- WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
NONE OF THIS SHALL BE DEEMED TO EXCLUDE ANY LIABILITY FOR DEATH OR GROSS NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABLITY WHICH CANNOT BE EXCLUDED UNDER UK LAW.
Links to Other Sites Or Relations To Other Sites
We sometimes provide referrals to and links to other world wide web sites from our Site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our Site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your www browser to see if you are still in a ThoughtInspire.com-operated site or have moved to another site. ThoughtInspire.com is not responsible for the content or practices of third party sites that may be linked to our Site. When ThoughtInspire.com provides links or references to other web sites, no inference or assumption should be made and no representation should be inferred that ThoughtInspire.com is connected with, operates or controls these web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any ThoughtInspire.com site or endorsement, sponsorship or support of ThoughtInspire.com, including its respective employees, agents, authors or directors.
Also, material on our Site may make claims to ThoughtInspire.com having been displayed on various independent media agency material (e.g. ScienceDaily). These claims are based upon our online advert impressions appearing on the respective website of the agency. This is by permission of the agency to allow adverts to appear on their website, because they had agreed to the Google terms and conditions which had allowed such adverts to be displayed in the first place. By you reading this text, and/or being on our website, you agree to hold ThoughtInspire.com and all of its associates, free of any liability of any kind in any form whatsoever relating to the display of our ads.
Nothing on the Site and presented by us or in any of our Products, services or literature is to be regarded as medical, psychiatric or clinical advice. You are solely responsible for your actions and ThoughtInspire.com is not responsible for any of your actions in any way shape or form. By reading this text, and entering our Site, you agree to hold immune ThoughtInspire.com and all its associates from any liability whatsoever. If you are in doubt as to the medical status or appropriateness of our techniques and programs for you, please consult a medical or psychiatric professional. If you have any illness or condition which may be affected by use of our techniques and programs, please consult a medical or psychiatric professional in advance of commencement of any program. In any case, those with a serious mental condition should NOT use any of our programs or Products.
Specific Trademarks, Copyrights, Patents And Intellectual Property
Thought Inspire® and BrainTune® are registered trademarks of ThoughtInspire.com. By accessing our Site or any of our Products or literature, whether as a visitor, investor, prospect, customer, partner or in any other way, you have no right, ownership or claim to any of our trademarks whatsoever. All our trademarks belong exclusively to us and are our sole intellectual property. Our Products and all website material on ThoughtInspire.com are Copyright © 2009-2011 ThoughtInspire.com. All Rights Reserved. Our material is registered in multiple jurisdictions and protected globally under the Berne Convention. Any illegal use of our trademarks or any of our material will lead to prosecution to the maximum extent possible by law. This does not affect any of our other rights outlined in other clauses of these Terms, or other remedies under these Terms.
Furthermore, all images used on this Site or any of our literature, Products and services are either owned by us, or licensed to us. If at any time it is found that the validity of a license on an image is in question, we have no liability, whether financial or otherwise to anyone whatsoever for any reason. We will also only deal exclusively with the copyright holder of an image to discuss any queries and not any of their "agents", even if the copyright holder chooses to designate such "agents" through agreements between the agent and copyright holder. Any agreement between a copyright holder and their agent is strictly between the copyright holder and the agent, and therefore does not affect our right to communicate directly and exclusively with the copyright holder alone. The copyright holder is defined as the person who is the copyright owner of the work in question. An agent is defined as any entity besides the copyright holder, who deals, negotiates or communicates on behalf or for the copyright holder. Finally, any copyright holder will need to prove that they are the copyright holder before we can embark on any negotiations or discussions.
In regards to patents, all technology used in the production and in use of our materials are either owned by us, or licensed to us. In a case where the validity of a license on a technology is in question, we will have no liability, financial or otherwise to anyone whatsoever for any reason. We will also only communicate directly with the patent holder to discuss any queries and not any of their agents or intermediaries, even if the patent holder chooses to designate such agents through agreements between the patent holder and the agent. Any agreement between the patent holder and agent is exclusively between the patent holder and the agent, and does not affect our rights in anyway, to be able and have the right to communicate directly and exclusively with the patent holder alone. The patent holder is defined as the person or organisation who are the registered patent owner of the technology in question in the jurisdictions where the patent applies. An agent is defined as any entity besides the patents holder, who deals, negotiates or communicates on behalf or for the patent holder. Finally, any patent holder will need to prove that they are the patent holder before we can embark on any negotiations or discussions.
By reading these Terms or accessing anything on our Site or any of our literature, you agree to the terms of this clause and all other clauses in these Terms.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us, in the case of Products ordered from our Site are as follows:
1) You place the order for your Product(s) on the Site by pressing the 'checkout button' at the end of the shopping cart process and having confirmed your acceptance of the End
User License Agreement. You will then be transferred to our payment processor, PayPal, who will guide you through the financial transaction process. After this transaction is verified by PayPal, you are transferred back to our Site.
2) PayPal or us will send to you an order acknowledgement email detailing the Product(s) you have ordered. This is sent to the e-mail address entered in PayPal.
3) Completion of the contract between you and us will take place at the time of your acceptance of the EULA and when you receive any notification or receipt from either us or PayPal that your Product(s) order has taken place, or has been received, verified or completed. Acceptance does not occur when we have notified you that we do not accept your order and you have yet to download the Product(s).
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Policy for refunds under the 60-day money back guarantee
The 60-day money back guarantee applies when a customer buys our Products. We will honour all refund requests sent to us, as we are an honest, credible and reliable organisation with the highest standards of integrity. Exceptions to the refund policy can be requested, but this must be through written agreement with us.
Our standard policy is as follows:
1) The customer must send us their receipt, full name and e-mail address within 60 days of purchasing the Product in order to receive a full refund. The customer may also be required to fill out a short questionnaire, which will help us to improve our Products and services.
2) Refunds requested due to the inability of the customer to open and read our Products, the audios, or any of our Products will not be accepted. It is the customer's responsibility to ensure that they possess the required software and hardware specifications in order to access and read our Products. The Product should always be accessible if Adobe® Reader® Version 7.0 or greater is used. The Product is also accessible on both Mac and Windows operating systems.
3) It is the customer's responsibility to ensure that they have read the Policy for Refunds under the 60-day money back guarantee.
4) Any further disputes between ourselves and the customer will be dealt with under our procedures which are highlighted above in the Terms.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.Survival
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.Entire agreement
These Terms govern our relationship with you. Any changes to these Terms must be in writing and signed by both parties. In this way we can avoid any problems surrounding what both parties are expected to do. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a condition of these Terms and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a condition of the Terms.
Jurisdiction and Other Points to Consider
If you use our Site from locations outside of the United Kingdom, you are responsible for compliance with any applicable local laws.
These Terms shall be governed by, construed and enforced in accordance with the laws of Scotland (and regardless of the laws that might otherwise govern under conflicts of law) as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
To the extent you have in any manner violated or threatened to violate ThoughtInspire.com and/or its affiliates' intellectual property rights, ThoughtInspire.com and/or its affiliates may seek injunctive or other appropriate relief in any court within Scotland of the United Kingdom.
We reserve the right to modify these Terms, and the agreement they create, at any time, simply by updating this posting and without notice to you.
End Of Terms And Conditions