Terms of Use
INTRODUCTION AND DEFINITIONS
THESE TERMS OF USE (“TERMS”) CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.
BY PLACING AN ORDER FOR SERVICES FROM OUR WEBSITE, YOU AFFIRM THAT (A) YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR THAT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF A MINOR CHILD, (B) YOU ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THE SERVICES BY APPLICABLE LAW AND (C) YOU ACCEPT AND ARE BOUND BY THESE TERMS.
These Terms apply to the purchase and use of services offered or made available by Anderson Mental Performance, LLC (d/b/a “ACG Mental Performance”, referred to as "us", "we", or "our" as context may require) through this website as well as use of this website. The services relate to mental performance coaching, sports wellness coaching, and other services offered by us (collectively the “Services”). In these Terms, 'you' refers to the individual utilizing or receiving any Services or using this website, and if the user of the website or recipient of Services is a minor, 'you' refers to the minor and parent or legal guardian accepting these Terms on behalf of the user. You should review these Terms before purchasing any Services. We may update these Terms without prior written notice at any time, in our sole discretion. Any changes to these Terms will be effective as of the "Last Updated Date" referenced on the website. Your continued use of this website or the Services will constitute your acceptance of and agreement to such updated Terms.
You should also carefully review our Privacy Policy before placing an order for the Services through this website or using the Services. Please refer to our Privacy Policy for information about how we collect, use, and share information about you while you are using the Services and website.
ELIGIBILITY
If you are accessing or using the Services or website on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
COACHING SERVICES
You are purchasing sports wellness coaching, mental performance coaching, and/or other Services provided by our staff or contracted professionals (“Service Providers”). We will pair you with one or more Service Providers that we believe fit your needs based on the Service you selected. You are required to use your best efforts to attend, actively participate, and remain engaged in all coaching sessions, meetings, and appointments, and to meaningfully engage and participate in other activities as reasonably requested or recommended by the applicable Service Provider. Failure to do so may result in termination of the Services and these Terms.
You acknowledge and agree to the following regarding the Services:
(a) The Services may include sports wellness coaching, mental performance coaching, and other related services provided by our Service Providers. We do not and cannot guarantee any specific results or outcomes of the Service purchased. You are responsible for any and all decisions you make and for all outcomes relating to the Services.
(b) We are not a health care, physician, or mental health clinic, provider or organization, and nor do we employ physicians, counselors, psychologists, or psychiatrists (each, a “Health Care Provider”), and these services will not be offered. The Services are not intended to treat any mental or physical illness. Our Service Providers will not offer any advice regarding medication management or courses of medical treatment, and will not direct questions regarding your medications or medical treatment to your Health Care Provider; that is your responsibility. Our Service Providers may recommend that you seek the help or care of a Health Care Provider, and whether to do so will be your decision.
(c) Our Service Providers may recommend physical exercise and/or activity. You hereby expressly acknowledge that physical exercise and activities may present risk to your health. You alone (and not us) are responsible for consulting with your Health Care Provider to determine whether it is safe to engage in any recommended exercises or physical activities. By agreeing to these Terms, you waive, release, and discharge us from any and all liability related to or stemming from your decision to engage in any recommended physical exercise or activities, and your decision participate in, or train for, any sport or other activity.
(d) Further, you hereby release and forever discharge us and hold us harmless from any and all liability for actions, consequences, or outcomes resulting from or related to your receipt of health care from any Health Care Provider, or your failure comply with a plan of treatment, advice, or recommendation of any Health Care Provider.
PUBLICITY
We will not use your name, voice, or likeness, or any recordings, photography, or filming of you for the purposes of publicizing the Services without your consent.
You are not permitted to film, record, photograph, broadcast, stream, publish, transmit, and/or otherwise offer to the public, or assist third parties in offering to the public, any recording or distribution of data including but not limited to audio, video, and written content related to a Service or any interactions therein.
USER CONTENT AND YOUR USE OF THE SERVICES
The Services may allow you to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, the "User Content") that may be made public or available to other users. Except for the license you grant below, you retain all rights in and to the User Content, as between you and us. We reserve the right to remove the User Content at our sole discretion. Subject to Section 4 (Publicity), you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display the User Content in all media formats and channels now known or later developed without compensation to you.
You are prohibited from uploading or sharing any User Content, or otherwise using the Services in any way, that: (a) violates local, national, or international laws, including but not limited to content that is defamatory or infringes upon intellectual property rights of others; (b) incites violence; (c) contributes to the development of any applications or services that compete with or are based on, in whole or in part, our Services; (d) includes any defamatory, obscene, pornographic, indecent, lewd, harassing, abusive or otherwise objectionable content; or (e) is intended for any other objectionable purpose, as we may determine in our sole discretion. Failure to comply with these content guidelines may result in immediate termination of the user's access to the Services, as we may determine in our sole discretion.
CONFIDENTIALITY
The nature of the Services often requires the disclosure of personal information by you. Please review a copy of our Privacy Policy regarding your rights and our responsibilities pertaining to your information.
At all times, you shall keep confidential, except as we may otherwise consent to in writing, and not disclose, or make any use of except for the benefit of us, at any time either during or subsequent to performance of the Services, any trade secrets, confidential information, knowledge, data or other information relating to the Services, processes, know-how, technical data, designs, formulas, test data, customer lists, business plans, marketing plans and strategies, and pricing strategies or other subject matter pertaining to any business of ours or any of its contracted professionals, consultants, licensees or affiliates (collectively, the “Confidential Information”), which you may receive or otherwise have access to during the course of the provision of the Services by us and after the expiration or termination of the Services. The Confidential Information shall not include information, technical data or know-how that is or becomes part of the public domain not as a result of any inaction or action of you. You are prohibited from disclosing, reproducing, or otherwise permitting any Confidential Information to be accessed or utilized by third parties without explicit direction or consent from an authorized representative of our organization.
COPYRIGHT AND TRADEMARK
The Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, “Our Content”) are owned by or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we, and our licensors, reserve all rights in and to Our Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use Our Content for your use in relation to receiving Services; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use Our Content; (b) copy, reproduce, distribute, publicly perform or publicly display Our Content, except as expressly permitted by us or our licensors; (c) modify Our Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Our Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use or Our Content other than for its intended purposes. Any use of the Our Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. All other trademarks and copyrights displayed on this website are the property of their respective owners.
COPYRIGHT COMPLAINTS
We have a policy of limiting access to the Services and terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat intellectual property right infringers. We also may, at our sole discretion, limit access to the Services or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on this website or provided during use of the Services infringes any copyright that you own or control, you may notify our Designated Agent as follows:
Designated Agent: info@acgmentalperformance.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on this website or provided through the Services is infringing, you may be liable to us for certain costs and damages.
PURCHASING A SERVICE
The Services are subject to availability, as determined in our discretion. If there is a conflict between the terms of a specific order form or a subscription and these Terms, the specific order form terms or the subscription terms will govern. All descriptions, images, references, features, content, specifications, and prices of the Services described or depicted on this website are subject to change at any time without notice, and we reserve the right to cancel or remove one or more of the Services from this website at any time in our sole discretion. We may offer, from time to time, promotions on this website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Payment is required upon purchase of any of the Services. If payment for the Services is based on a subscription plan, payment may also be due on a weekly, biweekly, monthly, quarterly, or annual basis. Your subscription will automatically renew unless you notify us no later than 15 days before the end of the applicable subscription term. Except as set forth in the following paragraph, all purchases are nonrefundable. You are responsible for paying according to the payment schedule set forth in your order form.
We may terminate these Terms and cease providing Services immediately upon your breach of these Terms. Refunds may be issued, in our sole discretion, depending on the nature of the breach.
General refunds are provided solely at the companies’ discretion and generally in the amount of 50% of the pro-rated value of the remaining unused sessions. All unused sessions expire within 6 months of purchase date.
Cancellation or a request to reschedule an appt must occur at a minimum of 24 hours in advance of scheduled appointment or session will be forfeited.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY EXCEED THE PRICE YOU PAID TO US FOR THE SERVICE IN THE PRECEDING 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS TO ACTIONS
No action arising out of or relating to these Terms or the transactions it contemplates may be commenced against us more than two years after the basis for such a claim could reasonably have been discovered.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us harmless from and against any and all claims suits, demands, and causes of action, and any resulting costs and expenses, fines, damages, liabilities, losses, settlements and judgments, including, without limitation, reasonable attorneys’ fees and legal expenses (collectively, the “Claims”) that may be asserted by a third party against us that arise out of, result from, or relate to your purchase or use of a Service or use of our website, and for all Claims that otherwise arise out of or result from, directly or indirectly, in whole or in part, without limitation, your breach or failure to abide by any part of these Terms or the Privacy Policy.
NO WARRANTIES
The Services are being sold “as is,” and we disclaim all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for a particular purpose with respect thereto. We make no warranty as to the accuracy, completeness, or reliability of the Services, including without limitation any content available on this website and any descriptions or depictions of the Services. You are responsible for verifying any information before relying on it. Under no circumstances will we be liable for the services or products of any third party, including any comprising or constituting a part of the Services. You acknowledge that you have not been induced by any statements or representations of any person with respect to the quality or condition of, or results expected from the Services or any items constituting a part thereof and that no such statements or representations have been made. You acknowledge that as a purchaser of the Services, you have relied solely on the investigations you have chosen to conduct before purchasing one or more of the Services, and we do not guarantee any specific results or outcomes regardless of the Service purchased.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
This website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Iowa giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Iowa.
MISCELLANOUS
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by one of our duly authorized representatives. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide with your order form or (ii) by posting to this website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep email addresses current. To give us notice under these Terms, you must contact us by (i) by email at info@acgmentalperformance. We may update the email address for notices to us by posting updated Terms or a notice on our website. Notices will be effective one business day after they are sent. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. These Terms, the applicable order form(s), and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM OR RELATING TO THE USE OR RECEIPT OF ANY SERVICES AND THESE TERMS.