TERMS & CONDITIONS

Acceptance of Terms: Welcome to AthleteMindsMatter.com.  This agreement (“Agreement”) is between Athlete Minds Matter and you and your agents for the use of this website (“Site”).  This Agreement includes any guidelines or rules posted and updated on the Site from Athlete Minds Matter, LLC (the “Company” or “Athlete Minds Matter”) from time to time. By using this Site, you agree to be bound to this Terms of Use Agreement.  Athlete Minds Matter, LLC reserves the right, at any time, to modify, alter or update the Terms of Use without prior notice.  Modifications shall become effective immediately upon being posted to the Site.  Your continued use of this Site and the contents herein after any such amendments constitutes your acknowledgement and acceptance of such modifications.  

Ownership of Site and Restrictions on Use of Content:  This Site is owned by Athlete Minds Matter, LLC.  You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by Athlete Minds Matter or by licensed third parties.  You agree and acknowledge that, notwithstanding that Athlete Minds Matter, LLC permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks and other intellectual property and/or proprietary rights, that these rights are valid and protected in all media now exiting or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws.  Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by Athlete Minds Matter and third parties.  In addition to Athlete Minds Matter and its licensor’s rights in individual elements of the Contents, Athlete Minds Matter own a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part. 

Disclaimers:

  1. The contents of this Site are for informational purposes only and are not intended to be a substitute for professional psychological advice, diagnosis or treatment.  Always seek the advice of your physician, therapist or other qualified health providers with any questions you may have regarding your mental health, mental condition, medical condition or treatment plan.  Never disregard professional mental or medical advice or delay in seeking it because of something you have read on or through the Site. If you need immediate assistance, please call 911 immediately.  If you are in need of immediate help, please call 911, your local hospital, the National Suicide Prevention Lifeline (1-800-273-8255) or text “Hello” to the Crisis Text line (741741).

  2. To the fullest extent permitted by law, the Site and all materials and content available through the Site are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  To the fullest extent permitted by law, the company specifically (but without limitation) disclaims all warranties of any kind, whether express or implied, relating to the sites and all materials and content available through the sites, including but not limited to (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or noninfringement; and (ii) any warranties arising out of course of dealing, usage, or trade.  The company does not warrant that the Site or any part thereof, or any materials or content offered through the sites, will be uninterrupted, secure, or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected. 

  3. No advice or information, whether oral or written, obtained by you from the Site or any materials or content available on or through the Site will create any warranty regarding the Company or the Site that is not expressly stated in these terms.  To the fullest extent permitted by law, you assume all risk for all damages that may result from you use of or access to the Site, your dealings with other users of the Site, and any materials or content available through the Site.  You understand and agree that you use the Site and use, access, download, or otherwise obtain materials or content through the Site at your own discretion and risk, and you will solely be responsible for any damage to your property (including your computer system used in connection with with the Site) or loss of data that results form the use of the Site or the download or use of such materials or content. 

  4. The Company expressly disclaims responsibility for and liabilities resulting from, any information or communications from and between users of the Support Forum.  You acknowledge and agree that you may be individually liable for anything you communicate using the Support Forum, including but not limited to defamatory, discriminatory, false or or unauthorized information.  Additionally, you are responsible for complying with the requirements of applicable copyright and trademark laws and regulations. 

Accounts and Registration:  To access all features of the Site, you will need to register and pay for an account or register as a member of a school that has bought subscriptions in bulk.  Please see Membership Options for single and bulk subscriptions.  When you register for an account, you will be required to provide us with some information about yourself.  You agree that the information you provide to us is accurate and complete and that you will keep it accurate and up-to-date at all times.  If you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.  If you have reason to believe that your account is no longer secure, then you must immediately notify us. 

Confidentiality of Information Stored on 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 in their journal. Please refer to Consent for Journal Use for more information.

Support Forum: By agreeing to these Terms, you further agree to keep information and conversations contained within the Support Forum confidential. A violation of this provision will result in the possibility of your membership being terminated.

Yoga & Meditation Release & Waiver of Liability: By signing up for Athlete Minds Matter, you agree to the release and waiver of liability.  You hereby agree to the following: That you are participating in fitness and yoga classes on Athlete Minds Matter (herin after referred to as the "site") with RELEVE WITH RACHEL, LLC (here in after referred to as the “studio”) and Rachel Prime (here in after referred to as the “instructor”), during which Rachel will receive information and instruction about yoga and related exercise. You recognize that yoga and related exercise requires physical exertion that may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved. You understand that it is your responsibility to consult with a physician prior to and regarding your participation in the fitness and yoga classes. You represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in fitness and yoga classes.  You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which might sustain during or as a result of participating in the fitness and yoga classes.  In further consideration of being permitted to participate in fitness and yoga classes, you knowingly, voluntarily, and expressingly waive your claim you may have against the site, studio and instructor for injury or damages that you may sustain during or as a result of participating in the fitness and yoga classes. You, your heirs, or legal representative, forever release waive, discharge and covenant not to sue the site, studio and instructor for any injury or death caused by negligence or other acts. By signing up for the site, you agree that you have read the above release and waiver of liability and fully understand its contents. You voluntarily agree to the terms and conditions stated above.
 

 

Prohibited Conduct: By using the Site and its Support Forum you agree not to:

  1. use the Site or Support Forum for any unlawful purpose or in violation of any local, state, national or international law;

  2. violate, or encourage others to violate the rights of third parties or Athlete Minds Matter;

  3. post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, offensive, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; 

  4. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others;

  5. post or transmit any unsolicited, promotional materials, “junk mail,” “spam,” “chain mail,” “pyramid schemes” or any other form of solicitation;

  6. share any posts contained in the Support Forum with any outside third parties, this includes taking screenshots and/or printouts, or sharing to social media; and 

  7. post, upload, or distribute any content that they do not have permission to share.

In the event you violate any of the terms of this Section, Athlete Minds Matter reserves the right to do any or all of the following: (i) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms; (2) terminate a user’s access to any or all parts of the Site; (3) monitor, edit, or disclose any communication made in connection with the Site; or (4) edit or delete any communication(s) posted on the Site or Support Forum, regardless of whether such communication(s) violate these standards.

Limitation of Liability: To the fullest extent permitted by law, in no event will Athlete Minds Matter, LLC be liable to Subscriber and/or any student-athlete making use of Subscriber’s membership for 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 of 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 and/or any student athlete making use of Subscriber’s membership 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 Confidentiality of Information Stored on Site of the Terms & Conditions. Finally, in no event will Athlete Minds Matter, LLC be liable to Subscriber and/or any student athlete making use of Subscriber’s membership in any way of 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 Confidentiality of Information Stored on Site of the Terms & Conditions.

Indemnification: You agree to defend, indemnify and hold harmless Athlete Minds Matter, LLC and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (i) any breach or alleged breach by you of these Terms of Use, or (ii) any act or omission related to your use of this Site or the content on the Site, or (iii) your violation of any third-party right, including without limitations, any intellectual property right, publicity, confidentiality, property or privacy right or (ib) any Athlete Minds Matter, LLC event that you may organize or otherwise participate in. 

 

Intellectual Property: ATHLETE MINDS MATTER and its logo are trademarks of Athlete Minds Matter, LLC. You agree not to use or display trademarks without the prior written consent of Athlete Minds Matter, LLC.  Furthermore, in accordance with this Agreement, Athlete Minds Matter, LLC may create certain other intellectual property, including but not limited to copyrights and/or patents to render the intended services. All of this additional intellectual property shall belong to Athlete Minds Matter, and you further agree not to use this intellectual property without prior written consent of Athlete Minds Matter, LLC. ​​

 

Consent to Electronic Communications:  Notwithstanding anything to the contrary, by using the Site, you consent to receiving certain electronic communications from us.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

 

No Class Actions: You agree that should a claim be brought against Athlete Minds Matter, LLC, it shall be brought only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.  

 

Term and Termination: These Terms of Use and your right to use the Site will take effect at the moment you access the Site, and is effective, binding and enforceable for as long as you use the Site.  In addition, Athlete Minds Matter, LLC reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Site for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of these Terms of Use, or in order to protect its name and goodwill, its business, and/or other users.  All provisions of these Terms of Use that by their nature are intended to survive termination will so survive and remain binding and effective. 

General Provisions:

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

  2. Mediation and 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 resolutions attempts fail, the parties agree to endeavor first to settle the dispute by mediation administered by a mutually agreeable provider before resorting to arbitration.  Any dispute arising from or relating to this contact or alleged breach thereof shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

  3. Entire Agreement:  This Agreement contains the entire understanding between the parties and supersedes, replaces and takes precedence over any prior any prior understanding or oral or written contract between the parties with respect to the subject matter hereof. 

  4. Modifications: This contract may only be amended, modified or discharged in writing signed by both parties. 

  5. Severability: If one or more provisions of this Agreement are to be unenforceable under applicable law, then the balance of this contract shall be interpreted as if such provision were so excluded and the balance of the contract shall be enforceable in accordance with its terms.  

 

Contact Information: This Site is owned by Athlete Minds Matter, LLC, located at 51 Marlboro St #2, Quincy MA.  You may contact us by sending correspondence to the foregoing address, emailing us at info@athletemindsmatter.com or calling (781) 240-9486

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