GENERAL TERMS AND CONDITIONS
These Terms and Conditions are effective as of August 2, 2016.
Access to and use of courses.dreamdigging.net, janetwahl.com and Mind Balance.biz (collectively “Site”), including any online courses, training materials, tutorials, group discussion services such as blogs and forums, individual sessions with Janet Wahl, Dream Groups, seminars taught by Janet Wahl, techniques (such as Thetahealing®, meditation, hypnosis, self-hypnosis, guided imagery, etc.), methods (such as the Ullman Dream Group Method) (collectively “Services”) within the US and internationally is provided by Mind Balance LLC (“we,” “us” and “our”) on the following Terms and Conditions.
By using the Services, you agree to be bound by these Terms and Conditions, which take effect as amended immediately on each use of the Services. If you do not agree to be bound by all of the following Terms and Conditions, you are not permitted to access, use and/or contribute to the Services.
1. Use of the Services
You agree to use the Services in accordance with all state and federal laws and regulations. You may not use the Services or any part of the Site for commercial purposes.
No individual under the age of thirteen (13) may use the Services, registered on the Site, provide any personal information to the Site, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). By using the Services, you represent that you are at least 18 years old or that you are at least 13 years old and have your parent’s or guardian’s express permission to use the Site. You may only use the Services if you can form a binding contract with Mind Balance LLC and are not legally prohibited from using the Services.
You may only use the Services in a way that does not infringe the rights of or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Services.
You are responsible for using the Site in a private and secure manner. Mind Balance LLC is not liable for any damages or losses due to unauthorized account access resulting from your actions. You must keep your username and password secret. Do not share your username and password with anyone or permit others to access the Services with your username and password. You must change your password regularly. If you believe someone else has accessed your account, you must change your password and notify us immediately at janet@dreamdigging.net.
Please see the Terms of Use for additional information.
2. Amendments
Mind Balance LLC reserves the right to make change to these Terms and Conditions from time to time. You should check these Terms and Conditions regularly. Your continued use of the Services will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you are not permitted to access, use and/or contribute to the Services.
These General Terms & Conditions relate to all of Mind Balance LLC’s websites and should be read in conjunction with our Privacy Policy and Terms of Use. Mind Balance LLC’s Privacy Policy and Terms of Use shall supersede any conflicting provisions contained in these General Terms & Conditions.
3. Registration and account security
In order to participate in the Services and contribute to the Site, you may be required to register with the Site. Any personal information supplied to the Site as part of this registration process and/or any other interaction with the Site will be collected, stored and used in accordance with Mind Balance LLC’s Privacy Policy.
You must ensure that the details provided by you on registration and at all other times are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so we can communicate with you effectively.
All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
You agree to accept responsibility for any and all activities that occur under your account.
If Mind Balance LLC has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
Mind Balance LLC reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our Services in any way.
4. Intellectual property
Mind Balance LLC provides content, such as course materials, videos, tests, discussion forums, comments by Registered Users, articles and news (“Materials”). Users who register for the Services (“Registered Users”) are given access to the Materials selected by Mind Balance LLC for the Services purchased (“Registered User’s Materials”). Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any content, trademark, design right or copyright of any third party.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Services and all content located on or available through the Services shall remain vested in Mind Balance LLC.
Mind Balance LLC authorizes each Registered User to download one copy of the Registered User’s Materials subject to the limitations and restrictions set forth in the Terms of Use. You must read and agree to the Terms of Use prior to downloading any Materials from this Site.
5. Availability of the Services
Although we strive to offer you the best service possible, we make no promise that the services available through the Site will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Services, you should report it to janet@dreamdigging.net and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
6. Mind Balance LLC’s right to suspend or cancel your registration
Mind Balance LLC may suspend or terminate your use of the Services in its reasonable discretion at any time and for any reason, including for any violation of these Terms and Conditions. Mind Balance LLC is not liable for any damages or losses resulting from such suspension or termination.
You can cancel your registration at any time by informing us in writing at janet@dreamdigging.net. If you do so, you must stop using the Services.
Mind Balance LLC reserves the right to raise any claims and defenses against a Registered User whose account has been suspended or terminated.
7. Disclaimers and limitation of liability
ALL CONTENT PROVIDED ON OR THROUGH THE SERVICES, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO Mind Balance LLC, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, Mind Balance LLC EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Mind Balance LLC DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICES OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY Mind Balance LLC IS CORRECT AT THE TIME OF PUBLICATION, AND Mind Balance LLC MAY MAKE CHANGES TO THE MATERIALS, NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF Mind Balance LLC FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICES.
Mind Balance llc disclaims any and all liability arising from the services, whether directly or indirectly. NEITHER Mind Balance LLC’S NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE, ARISING FROM THE USE OF THE SERVICES.
the services provided through this site are for educational and selfimprovement purposes ONLY and are not for the diagnosis or treatment of any mental, behavioral or physical condition. the services provided on this site are not substitutes for standard medical care. seek the advice of your mental health professional, physician or other qualified health provider with any questions you may have regarding your fitness to participate and to continue participating in the services. Never disregard professional medical advice or delay in seeking it because of something you saw, heard or read on this site. your Reliance on any information provided by or through this site, Mind Balance llc, its employees, officers, registered users and other visitors to the Site is solely at your own risk.
Mind Balance LLC DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
by sending a message in the discussion forums, you agree to have it and your identity posted for public viewing without compensation. opinions and ideas expressed in the discussion forums do not represent the ideas or opinions of Mind Balance llc.
Links to external websites are provided solely as a convenience to you. Mind Balance LLC has not reviewed all of the external websites linked to on THE SITE. links on this site to external websites are for informational purposes only. such links are not endorsements by us of any products or services and we DISCLAIM ANY AND ALL liability FOR ANY HARM CAUSED BY SUCH WEBSITES. Mind Balance llc does not control and is not responsible for any of the external websites or their contents. If you decide to access any of the external websites, you do so at your own risk.
8. Applicable law
These Terms and Conditions will be subject to the laws of the State of New Mexico without giving effect to principles of conflicts of law. Any action at law or in equity arising out of or relating to the Services and these Terms and Conditions will be filed in Bernalillo County, New Mexico. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
9. International use
We make no promise that materials available on or through the Services are appropriate or available for use in locations outside the United States, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Services from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Miscellaneous
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
No delay or failure to enforce these Terms and Conditions shall constitute or be construed as a waiver of that or any other right or remedy.
Mind Balance LLC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
These Terms and Conditions, together with the Terms of Use, Privacy Policy, Dream Group Participation Agreement and Participation Agreement for individual sessions with Janet Wahl (“Terms”), contain the complete and entire agreement between Mind Balance LLC and you. The Terms may not be amended, modified, altered or changed in any respect except as provided herein or by written agreement duly executed by Mind Balance LLC and you. The Terms supersede any and all prior and contemporaneous oral or written agreements or understandings between you and Mind Balance LLC. No representation, promise, inducement or statement of intention has been made by you and Mind Balance LLC, which is not embodied in the Terms. You and Mind Balance LLC shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in the Terms.
If any of these Terms is determined to be illegal, invalid or otherwise unenforceable then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed from these Terms and replaced with a term as near to the original term severed as would be enforceable, legal and valid. The remaining terms shall survive severance of any unenforceable terms.
xx. Arbitration
11. Interpretation
In these Terms of Use, the terms below have the following meanings.
“Mind Balance LLC”, “we”, “us” and “our” refer to Mind Balance LLC, a New Mexico limited liability company.
“Site” refers to courses.dreamdigging.net, janetwahl.com and mindbalance.biz.
“Services” refers to the paid-for services available on the Site, such as online courses, tutorials, individual sessions with Janet Wahl, Dream Groups and seminars taught by Janet Wahl.
“Registered Users” refers to users who register on the Site for any of the Services.
“Materials” refers content available on or through the Site that may or may not be owned by or licensed to Mind Balance LLC, such as course materials, videos, tests, discussion forums, articles and news.
“Registered User’s Materials” refers to the Materials selected by Mind Balance LLC for the Services purchased by a Registered User.
“Content” refers to the text, video, pictures and other information submitted by Registered Users to the Site.
“Terms” refers to the Site’s Terms and Conditions, Terms of Use, Privacy Policy and Dream Group Participation Agreement.
12. Questions?
The Services are owned and operated by Mind Balance LLC, a New Mexico limited liability company.
If you have any questions, please contact janet@dreamdigging.net.
TERMS OF USE
These Terms of Use are effective as of August 2, 2016.
These terms relate to the paid-for online courses, training materials, tutorials, group discussion services such as blogs and forums, individual sessions with Janet Wahl, Dream Groups and seminars taught by Janet Wahl, techniques (such as Thetahealing®, meditation, hypnosis, self-hypnosis, guided imagery, etc.), methods (such as the Ullman Dream Group Method) (collectively “Services”) supplied to you by Mind Balance LLC (“we, “us” and “our”) through courses.dreamdigging.net, janetwahl.com and mindbalance.biz (collectively “Site”) and should be read in conjunction with our General Terms & Conditions , which shall also apply except where they are inconsistent with these terms. Please take a moment to review our General Terms & Conditions.
By purchasing or participating in the Services, you agree to be bound by these Terms of Use, which take effect as amended immediately on each use of any Service. If you do not agree to be bound by all of the following Terms of Use, you are not permitted to access, use and/or contribute to the Services.
1. Prices and payment
Your order is an offer to purchase one or more Services from us. Services will be made available to you once your payment has been authorized and the Service session has started. There will be no contract of any kind between you and us unless and until you make authorized payment for the Service(s).
The fee for each Service is calculated and payable in advance of the Service start date as set out on the Site. Mind Balance LLC shall be under no obligation to provide Services until the applicable fee has been paid.
All prices are expressed exclusive of any payable taxes unless otherwise stated.
Your credit/debit card details are not handled by Mind Balance LLC. All payment and all credit card handling is through the third party, Stripe, Inc. or PayPal.com. Any credit/debit card and personal information supplied to this Site will be collected, stored and used in accordance with Mind Balance LLC’s Privacy Policy.
2. Delivery
By registering for a Service and proving your credit/debit card information, you authorize Mind Balance LLC to collect the full cost of the Service, plus applicable taxes, and acknowledge that the full, non-refundable payment is due immediately upon registration.
After you have registered for a Service, a confirmation email will be sent to you acknowledging payment and successful enrollment in the Service. You will then be notified by email of an online URL where the materials for the purchased Service will be located. You will be required to create a username and password for logging into the site and accessing the materials for the Service you purchased. Your username and password must be kept secret as set forth in the General Terms & Conditions.
You will have access to the Services you purchased for .
Enrollment in a Dream Digging Service does not include enrollment in a Dream Group. If you would like to participate in a Dream Group, please contact janet@dreamdigging.net to request the Dream Group Participation Agreement, sign it and then return it to janet@dreamdigging.net.
3. Use of the Services
Mind Balance LLC authorizes each Registered User to download one copy of the materials that are appropriate for the Services purchased (“Registered User’s Materials”). A maximum of one copy of the Registered User’s Materials may be printed by each Registered User. Any other use of the content on this Site requires the prior written permission of Mind Balance LLC. You may not modify, adapt, alter, create a derivative work, republish, disassemble, decompile, reverse engineer, post, broadcast, transmit or make available to the public the Registered User’s Materials. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copies of the Materials you make. You must keep the Materials confidential. You may not share, sell, auction, loan, give, describe, summarize, reproduce or otherwise reveal the Materials or their contents to others.
Dream Group participants must comply with the confidentiality provisions set forth in the Privacy Policy.
Mind Balance LLC may suspend or terminate your use of the Services in its reasonable discretion at any time and for any reason, including for any violation of these Terms of Use. Mind Balance LLC is not liable for any damages or losses resulting from such suspension or termination.
Please see the General Terms & Conditions for additional information, including disclaimers and limitations of liability.
4. Posting of content
Some Services allow you to post content to the Site, including asking questions about the Services, posting completed assignments and taking part in discussion boards (“Content”). You understand that Mind Balance LLC does not guarantee any confidentiality with respect to any Content you submit. We do not screen, edit or review Content prior to their appearance on this Site. However, we reserve the right to monitor all Content and to remove, without prior notice, any Content that we consider, in our sole discretion, to be offensive or otherwise in breach of our policies.
You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and you license to Mind Balance LLC all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site pursuant to these Terms of Use.
You retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Mind Balance LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Mind Balance LLC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Use. The above licenses granted by you in Content you submit to the Site terminate within a commercially reasonable time after you remove or delete your Content from the Site. You understand and agree, however, that Mind Balance LLC may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable with respect to comments made by you in Dream Groups and all other discussion forums on the Site.
You further agree that Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Mind Balance LLC all of the license rights granted herein.
You further agree that you will not submit to the Site any Content or other material that infringes the rights of or inhibits anyone else’s use and enjoyment of the Site. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Services.
Mind Balance LLC does not endorse any Content submitted to the Site by anyone, including, without limitation, any opinion, recommendation, or advice expressed therein. Mind Balance LLC expressly disclaims any and all liability in connection with users’ Content. Mind Balance LLC does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Mind Balance LLC will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Mind Balance LLC reserves the right to remove Content without prior notice.
5. No commercial use
All Services are available for non-commercial use only. Mind Balance LLC reserves the right to refuse orders from businesses that we consider to be for commercial concerns. You may not resell or make available to any third party the Service or Service materials without the prior written consent of Mind Balance LLC.
6. Cancellation and refunds
Refunds are not available except as set forth below. If you should be unable to attend or use the Services that you purchased for any reason beyond the control of Mind Balance LLC, you will be charged in full for the cost of the Services plus applicable taxes and a refund will not be granted.
All cancellations for individual sessions with Janet Wahl must be received by voicemail to (505) 508-5805 or by email to janet@mindbalance.biz twenty-four (24) hours in advance of the scheduled appointment. If your cancellation was not received twenty-four (24) hours in advance, the full amount of the fee plus applicable taxes is due and nonrefundable.
The Dream Group Participation Agreement sets forth Mind Balance LLC’s cancellation and refund policy with respect to Dream Groups, which may conflict with the provisions set forth above.
7. Amendments
Mind Balance LLC reserves the right to make change to these Terms of Use from time to time. You should check these Terms of Use regularly. Your continued use of the Services will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you are not permitted to access, use and/or contribute to the Site and Services.
These Terms of Use relate to all of Mind Balance LLC’s websites and should be read in conjunction with our Privacy Policy and Terms and Conditions. Mind Balance LLC’s Terms of Use shall supersede any conflicting provisions contained in its General Terms & Conditions.
8. Miscellaneous
If any of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed from these Terms and Conditions and replaced with a term as near to the original term severed as would be enforceable, legal and valid. The remaining Terms and Conditions shall survive severance of any such term and continue to be binding and enforceable.
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
No delay or failure to enforce these Terms and Conditions shall constitute or be construed as a waiver of that or any other right or remedy.
Mind Balance LLC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
9. Interpretation
In the General Terms and Conditions and these Terms of Use, the terms below have the following meanings.
“Mind Balance LLC”, “we”, “us” and “our” refer to Mind Balance LLC, a New Mexico limited liability company.
“Site” refers to courses.dreamdigging.net, janetwahl.com and Mind Balance.biz.
“Services” refers to the paid-for services available on the Site, such as online courses, tutorials, individual sessions with Janet Wahl, Dream Groups and seminars taught by Janet Wahl.
“Registered Users” refers to users who register on the Site for any of the Services.
“Materials” refers to all content available on or through the Site that may or may not be owned by or licensed to Mind Balance LLC, such as course materials, videos, tests, discussion forums, articles and news.
“Registered User’s Materials” refers to the Materials selected by Mind Balance LLC for the Services purchased by a Registered User.
“Content” refers to the text, video, pictures and other information submitted by Registered Users to the Site.
“Terms” refers to the Site’s Terms and Conditions, Terms of Use, Privacy Policy and Dream Group Participation Agreement.
10. Questions?
If you have any questions, please contact janet@dreamdigging.net.