This agreement applies only to those who purchase a single subscription ($35/year). By signing up, you agree to the following:

 

We are so excited to have you as a member of Athlete Minds Matter, to nourish your mental wellness for success on and off the field. 

This Subscription Agreement (the “Agreement”) is entered into as of the date of sign up by and between the "Subscriber", and Athlete Minds Matter, LLC a limited liability company with a principal place of business located at 51 Marlboro Street, #2, Quincy, MA 02170 (the “Company”). 
 

1. Services: Athlete Minds Matter is an online activity based mental wellness platform that permits Subscriber to create its own mental wellness toolkit. Specifically, Subscriber will have access to all services on Athlete Minds Matter, except for the Campus Champion piece. However, Subscriber has access to any team member of Athlete Minds Matter with any questions.

2. Subscription Type: Subscriber has agreed to purchase a single subscription (the “Subscription”) of $35/year.

3. Fees: Subscriber shall be required to pay the entire fee of $35/year for the Term of the Agreement upon signing. Subscriber will pay for a recurring subscriber plan. Subscriber must pay here, and sign up here to have access to Athlete Minds Matter. Subscriber acknowledges that the fee for an individual subscription and increase at any time, and the fee will be charged accordingly.

4. Payment: Payment is due immediately upon signing up and signing this agreement. Payment can be made here. Subscription cannot be approved until Subscriber’s payment is processed.

5. Term: The initial term of this Agreement is one (1) year beginning with the Effective Date of this Agreement and shall be automatically renewed for successive one year periods, unless thirty (30) days written notice is given to the Company of Subscriber’s wish to terminate this Agreement. 

6. Cancellation: 

   1. By Subscriber: Subscriber may cancel its Subscription at any time by giving the Company thirty (30) days advance written notice. Such cancellation shall be deemed effective on the first of the calendar month following the expiration of the 30-day notice period and all outstanding payments have been made to the Company.

   2. By Company: The Company may cancel the Subscription at any time for failure to abide by the Athlete Minds Matter Terms of Use or any other breach of this Agreement.  Additionally, the Company may cancel specific student-athlete members using the Subscription for failure to abide by the Athlete Minds Matter Terms of Use or any other breach of this Agreement.

7. Refund Due to Cancellation: Subscriber shall only be entitled to a refund of its Fee if Subscriber notifies the Company of a cancellation within thirty (30) days of purchasing a Subscription. Should the Subscription be cancelled by Subscriber after the thirty (30) days, Subscriber shall not be entitled to any refund from Company. Should the Subscription be cancelled by Company due to a failure to abide by the Athlete Minds Matter Terms of Use or a breach of this Agreement, no refund shall be given to Subscriber.

8. Confidentiality and Monitored Use of Site: Information stored on the Site through the use of the Mental Wellness Toolkit, Journal or Support Forum will be kept confidential and protected. However, such spaces will be monitored for potential harmful conduct either to oneself or to another. Such instances shall be reported to an authority of choice by Athlete Minds Matter and a local crisis team will be notified. All members who sign up for the site must agree to the terms of the ​Consent for Journal Use.  Athlete Minds Matter collects information such as name, phone number, and address. This information will never be used for purposes other than to intervene with a local crisis team if a student-athlete has used a predefined word or phrase that may indicate harm to self or others. Please refer to the Consent for Journal Use.

9. Terms of Use: During the entire term of this Agreement and all renewal periods thereafter, Subscriber shall be in compliance with the Athlete Minds Matter Terms of Use and the Consent for Journal Use, which are incorporated herein by reference.

10. Privacy Policy: In performing the Services, the Company will comply with the Athlete Minds Matter Privacy Policy, which is incorporated herein by reference.

11. Intellectual Property: As a Subscriber of the Company’s website AthleteMindsMatter.com (the “Site”), you acknowledge and agree that the Company owns certain intellectual property rights in the form of copyrights, trademarks, trade secrets and other intellectual property, as they relate to the Company’s brand. By becoming a Subscriber of this Company’s Site, the Company is in no way granting Subscriber a license or an assignment of its intellectual property. The Company shall retain all right, title, and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in any material developed in connection with the Company’s site. It is further acknowledged and agreed that nothing in this Agreement shall affect the Company’s ownership of its intellectual property as of the date you become a Subscriber.

12. Representations and Warranties:

    1. Company: Company represents and warrants that (i) Athlete Minds Matter has the legal authority to enter into this Agreement; (ii) the Services will be performed and provided to the best of the Company’s ability; and (iii) the functionality and security of the Services will not be materially decreased during the Term.

    2. Subscriber: Subscriber represents and warrants that (i) it has the legal authority to enter into this Agreement and (ii) it will use the Services in accordance with the Terms of Use, the terms and conditions set forth in this Agreement, and in compliance with all applicable laws, rules and regulations.

13. Exclusive Remedy: Should Subscriber be unsatisfied with the Services provided pursuant to this Agreement, the sole remedy available to Subscriber shall be the cancellation of its Subscription and any applicable refund pursuant to Sections 9 and 10 of this Agreement.

14. Disclaimer: Except as expressly provided herein, Company makes no warranties of any kind, whether express, implied, oral or written, statutory or otherwise, and Company hereby disclaims all implied warranties and conditions, including, to the maximum extent permitted by applicable law, any warranties of merchantability or fitness for any particular purpose or any warranty with respect to the quality, performance, accuracy or functionality of the Services or that the Services are or will be error free or will accomplish any particular result.

15. Limitation of Liability: To the fullest extent permitted by law, in no event will Athlete Minds Matter, LLC be liable to Subscriber for an indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use , the Site or any materials or content on the Site, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not Athlete Minds Matter, LLC has been informed of the possibility of such damage. Furthermore, in no event will Athlete Minds Matter, LLC be liable to Subscriber in any way for any alleged indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to an alleged failure to identify potential harmful conduct and/or react to the identification of potential harmful conduct pursuant to Section 8 of this Agreement. Finally, in no event will Athlete Minds Matter, LLC be liable to Subscriber in any way got any alleged indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to Athlete Mind’s Matter, LLC’s intervention with local crisis support, resulting from the identification of potential harmful conduct pursuant to Section 8 of this Agreement.

16. General Provisions:

    1. Counterparts; Electronic Signatures.

       1. This Agreement may be executed in two (2) or more signed counterparts, each of       which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Counterpart signature pages may be delivered by facsimile, email or other means of electronic transmission, including without limitation by means of a secure electronic signature service.

    2. Complete Agreement. This Agreement contains the entire understanding between the parties and supersedes, replaces and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, nor understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed herein.

17. Severability: If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties.

18. Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

19. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

20. Arbitration. In case of a dispute between the parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration under the rules of the American Arbitration Association, in any county included in the Choice of Law Provision. 

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Contact Information For Questions/Concerns:
Ivy Watts, Founder/Executive Director
Email: ivy@athletemindsmatter.com
Phone: 781-240-9486​

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By signing up, you agree to the above terms of the Subscription Agreement.
Thank you! We are so excited to have you on Athlete Minds Matter!