Welcome to www.3dmentalfitness.com!
These terms and conditions outline the rules and regulations for the use of www.3dmentalfitness.com’s website.
This Agreement shall begin on the date here of 4/17/18.
www.3dmentalfitness.com is a subsidiary of Power Ten Development LLC located at:
7107 S. Yale Ave #455
Tulsa, OK 74136-6308
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use www.3dmentalfitness.com’s website if you do not accept all of the terms and conditions stated on this page.
3DMENTALFITNESS.COM TERMS AND CONDITIONS
Please read these terms and conditions before you use this website. These terms and conditions is legally binding between Power Ten Development LLC dba 3D Mental Fitness (www.3DMentalFitness.com) (“we”, “us” or “our”) and you (the user to this website). Using this website means that you have read and accepts all of the terms and conditions stated herein. If you do not agree to any of these terms, please leave this website Now.
We reserve the right to make changes, edit, or update to these Terms and Conditions at any time without any prior notice. Usage of our website following such changes means that you agree to be bound by these terms. Therefore, we encourage you to review these terms and conditions anytime you visit this website or use any of our services.
- Using our website
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of our website and services. You also agree to submit to all of our policies that are made from time to time. Policies and subscription offers we published from time to time shall form part to this terms and conditions.
- Your Account
There are certain portion to our website that requires for you to sign up for an account. You agree that the information you provide about yourself is accurate, complete. You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times. Any violation to these terms may result to the termination of your account.
You are to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. We are not responsible for any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party.
Our services is available to person who are 18 years old or older or are able to form legally binding agreement under applicable law. Therefore, by using our website or any of your services means that represent and warrant that you are of legal age and the information you submit is true and accurate.
- Fees and Payment
By using our services (3DMentalFitness.com) or subscribe to our services, you hereby agree to pay according to your subscribed subscription fee. Billing shall commence shall begin on the subscription date and you will be charged depending on your subscription (either monthly or yearly). You hereby agree that we will automatically deduct the fees to your account based on the payment information you have encoded. You agree to make sure that your payment information is always up to date. In case of changes, you shall notify us for such changes, failure to notify us may result to the automatic cancellation of your subscription.
- Third Party Content
You agree that we have not reviewed or might review, all of the third party content (such as links) that made available through this websites. All of the links are for convenience purposes only. You agree that we have no any control over those non-3DMentalFitness websites and webpages, and is not responsible for their contents or their use.
You hereby agree that this Agreement does not grant you any type of copyright license, right, title and interest in and such property will remain (solely with 3DMentalFitness. Our logo, as well as our other trademarks, service marks, graphics and logos used in relation to our website Website are trademarks or registered trademarks of 3DMentalFitness or 3DMentalFitness’s licensors. Various other trademark, graphics and also logo designs made use with regard to our web site could be the trademark by other third parties.
We reserve the right, in our sole discretion, to modify, edit or to change any kind of component of this terms and conditions. It is your obligation to review this terms and conditions regularly for changes. Your usage to our website or access thereof after changes means that you have read, understood and accepts all of the terms and conditions thereof.
- Subscription License
Upon subscription, 3DMentalFitness hereby grants you a non-exclusive, non-sub licensable, revocable as specified in this Agreement, non-transferable license to use our materials. You agree not to duplicate, copy, replicate, modified or customized, sold, offered or otherwise without any express authorization from us. This license is granted with the condition of your compliance to these terms and conditions.
You may contact us or send email to neil@3DMentalFitness.com. Individuals who take the 3D Mental Fitness diagnostic are entitled to a 100% refund for the 30 days after the diagnostic has been taken. No refunds shall be made after the period. Other personnel and organizations who are on monthly or quota plans will receive refunds for diagnostics or coaching services that have been taken in a 30-day window previous to the refund request. If payment has been made for future months, refunds will be made at a pro-rated amount back to the person or organization. Purchases made for diagnostics and services before the aforementioned 30-day window prior to the refund request, will not be made under any circumstances.
The marketing list supplied by this website shall only be processed while an active usage license for the direct marketing list from 3DMentalFitness concerned exists. Our Controller or the one who will processed your personal data shall only process the direct marketing list or cause the direct marketing list to be processed by a third-party processor when that processing is governed by a written contract. The controller shall only process the direct marketing list or cause the direct marketing list to be processed by a third-party processor when that processor and processing is located within the EU or in a territory that provides an adequate level of protection under GDPR. The controller shall ensure the direct marketing list is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
- Data Compliance
All data derived from data records included in the direct marketing list including inter alia duplicates, copies, and other version of the direct marketing list shall be appropriately marked so the source of the data is identifiable, and shall have an expiry date for usage of the data record. Where data elements of a data record are combined with data elements from other sources to form a composite record, the licensee shall ensure each data element can be identified and removed or changed as required. 3DMentalFitness shall not be in any way responsible for data records or data elements or the usage of data elements or data records where the data elements or data records are sourced in whole in part from other sources.
- Warranty Disclaimer
THIS WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU ON “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT AS ALLOWED BY APPLICABLE LAW, WE DO NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE ALSO MAKE NO WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL MEET YOUR STANDARDS OR REQUIREMENTS, OR THAT THE USE OF THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE. MOREOVER, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, CONTENT, OR SERVICES OR PRODUCTS INCLUDED ON THE WEBSITE.
- Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL 3DMentalFitness OR ANY OF OUR AGENTS, BE LIABLE TO YOU OR ANY OTHER USER FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID OR $5.00, WHICHEVER IS LESS. YOU HEREBY AGREE AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT 3DMentalFitness WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
- Assumption of Risk
You are fully aware that there are certain risks when you use services. You hereby assume all risk when you use our services. You, your heirs, beneficiaries, and agents hereby waive, discharge, indemnify and to hold us harmless 3DMentalFitness, our agents, employees, directors, and representatives from any injury, damages or loss which might arise because of the use of our services.
- Account Security
There are certain areas in our website that requires you to provide username and password (like using our services). You agree to be responsible for maintaining the confidentiality and security of your user name and password. You may not use the account, user name, or password of any other member or user at any time. You agree to inform or contact us immediately in case of any unauthorized use of Your account. We shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. Using somebody else account is considered hacking and you may be criminally liable if you use somebody else’ account without its consent.
- Governing Laws
This terms and conditions shall be governed by the laws of United States applicable herein. For EU users, GDPR rules shall form part of this Agreement.
- Contact Information
For any concerns, please contact us at:
7107 S. Yale Ave #455 Tulsa, OK 74136-6308