TERMS & CONDITIONS

Welcome to Your Brand Mind

 Check out our Terms of Use:

The Brand Mind Group LLC (“The Brand Mind Group”, “we”, “our”, “us”) with principal offices at P.O. Box 6602, Aurora, IL 60598, USA and contact email dan@yourbrandmind.com, operates the websites located at the URL yourbrandmind.com, mybrandmind.com, referred to together as the “Website”.

Effective date: January 01, 2021

 

Terms of Use

Please Read Carefully Before Using This Website.

This webpage contains the Terms of Use governing your access to and use of Your Brand Mind (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

You should read these terms of use carefully before you use the Website. They significantly alter your legal rights, remedies and obligations.

Your Brand Mind provides the Website subject to the following terms and conditions (the “Terms”). Your access and use of the Website constitutes your acceptance of these Terms, and these Terms form a legal contract between you and us.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE.

In these Terms, “Your Brand Mind” refers collectively to The Brand Mind Group LLC doing business as yourbrandmind.com, and its affiliates and subsidiaries, and “we” or “us” or “our” refer to Your Brand Mind alone and never refer to the combination of you and Your Brand Mind.

Eligibility

You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Mature Content

On the Website and products, we will occasionally discuss mature topics and language relating to personal and professional growth. Users under the age of 18 and those who are uncomfortable with such topics or language should not use the Website or products.

Any advice offered on the Website or in any of its products or services is based strictly on opinion. You should always seek the advice of a professional before acting on something that is published or recommended on the Website or any of its products and services.

Terms May Change

Your Brand Mind may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

Acceptance

Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these Terms.

Access and Use of Services

Our provision of the Site and all other services provided on or through the Site are collectively the “Services”. We may use third parties to provide some or all of the Services.

You may only access and use the Services through the interface provided on the Site and in accordance with these Terms. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.

Your Account and Registration

If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.

Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party.

You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account, or any unauthorized disclosure of your login information.

You shall notify the Website of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Your Brand Mind’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Payment

Many portions of the Website are free to use. However, if you wish to use certain Services or wish to purchase any products available on the Website, you agree to pay Your Brand Mind the prices posted on the Website for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Website. Payments must be made in advance. Your Brand Mind may change the fees from time to time.

Payment Options

You may pay Your Brand Mind through the payment options made available on the Website. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If Your Brand Mind allows you to pay Your Brand Mind directly via credit card, then you authorize Your Brand Mind to charge all amounts to the credit card number you provide Your Brand Mind. If your credit card payment is rejected or refused you will immediately pay Your Brand Mind the amount due and provide Your Brand Mind with an alternative credit card number for future payments. You represent and warrant to Your Brand Mind that each credit card you use for payment to Your Brand Mind either belongs to you, and you have the right to charge all such payments on the credit card(s).

Money Back Guarantee 

Our #1 priority is your happiness, which is why we assure 100% money-back guarantee to our clients if they are not satisfied with the coursework we provide. If within 14 days after the purchase of your coursework, you are not 100% satisfied, please contact our customer support via dan@yourbrandmind.com and present proof of coursework completion along with the request for refund.  

Security

Your Brand Mind does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

We have implemented reasonable technology and security features to safeguard your information from unauthorized access or improper use. While we make reasonable efforts to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Website demonstrates your assumption of this risk.

We have taken steps to ensure that the Website is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Website. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from or through the Website.

Privacy

We respect your personal privacy. You may use the Website without providing any personal information about yourself other than any personal information that you may specifically and knowingly provide.

We will collect, use and disclose personal information as described in our privacy policy, which is available here. You consent to the collections, uses and disclosures of your personal information for the purposes described in our privacy policy.

We may collect and maintain statistics relating to the number of visits to the Website, the types of browsers and devices used to access the Website, the Internet Protocol addresses of devices accessing the Website, and similar non-identifiable information. This information is only used for internal purposes to manage, operate, maintain and improve the Website.

Proprietary Rights – Your Brand Mind Content

This Website, its organization and design (including all software code and architecture and the look and feel of the Website and its user interfaces), and all information, images, artwork, text, video, audio, pictures and other material and content on the Website (collectively “Our Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.

The tools, processes, strategies, materials and information presented on the Website and in our products are proprietary. By accessing the Website and/or our products, you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our proprietary concepts, materials, quotes, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect our rights.

You may access and download information from the Website for your personal, non-commercial viewing and use, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from Our Content or any User Content without our prior written approval.

You do not acquire ownership rights to any of Our Content by accessing or using the Website, and our posting of Our Content on the Website is not a waiver of any right in or to Our Content.

User Submissions and Communications; Public Areas:

You acknowledge and agree that we have no obligation to monitor any User Content for suitability, accuracy, or completeness. You acknowledge that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Your Brand Mind or its affiliates for all claims resulting from content you supply.

You represent and warrant to us that:

(a) you own your User Content or have written permission from the User Content’s owner to exploit the User Content and make your User Content available through the Website;

(b) your User Content does not contain any information or content that you know is not correct, complete or current;

(c) if your User Content displays or refers to any recognizable individual, you have obtained all necessary consents and releases from that individual;

(d) you have the right to grant the license to us regarding your User Content set out above; and

(e) the reproduction, display, distribution, use and other exploitation of your User Content by us and our service providers will not infringe or violate any third party’s rights, including intellectual property (including copyright), personality or privacy or publicity rights.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Your Brand Mind by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Your Brand Mind a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Your Brand Mind may sub-license its rights through multiple tiers of sub-licenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Your Brand Mind by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Your Brand Mind has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Your Brand Mind reserves the right (but is not obligated) to do any or all of the following:

(a)  Record the dialogue in public chat rooms.

(b)  Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c)   Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d)  Terminate a Member’s access to any or all Public Areas and/or the Your Brand Mind Site upon any breach of these Terms of Use.

(e)   Monitor, edit, or disclose any communication in the Public Areas.

(f)   Edit or delete any communication(s) posted on the Your Brand Mind Site, regardless of whether such communication(s) violate these standards.

Your Brand Mind reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Your Brand Mind has no liability or responsibility to users of the Your Brand Mind Website or any other person or entity for performance or nonperformance of the aforementioned activities.

All opinions contained in User Content are those of the original author, and do not necessarily reflect Your Brand Mind’s views or opinions.

Your Brand Mind does not and cannot review User Content, and Your Brand Mind is not responsible for the content, accuracy, reliability or timeliness of any User Content. By providing the ability to view and distribute User Content on the Website, Your Brand Mind is merely acting as a passive conduit for that distribution and is not undertaking any obligation, responsibility or liability relating to any User Content. Your Brand Mind reserves the right (but has no obligation) to block or remove any User Content that Your Brand Mind deems in its sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trademark or other intellectual property right; or (d) otherwise unlawful or unacceptable. We will have no liability for any decision to remove, or not to remove, any content from the Website.

You acknowledge and agree that:

(a) we have no responsibility or liability for any User Content that you or any other person or entity posts on or sends over the Website;

(b) you are solely responsible and liable for any loss or damage that arises from or relates to any User Content that you upload, transmit, display or otherwise make available through the Website;

(c) you may be exposed to User Content that is incomplete, inaccurate, not current, offensive, indecent or otherwise objectionable, and that Your Brand Mind will not be liable for any damages that you allege have incurred as a result of such User Content; and

(d) you use and rely on Our Content, User Content or any content available on or through the Website, whether originating from us or from another person or entity, solely at your own risk.

Users Disputes

You are solely responsible for your interactions with other Users. Your Brand Mind reserves the right, but has no obligation, to monitor disputes between you and other Users.

Feedback

If you send any communications, comments, questions, suggestions, or related materials to us by any method of communication suggesting or recommending changes to the Website, any services offered through the Website, or Our Content (“Feedback”) then:

  • all Feedback is not, and will not be treated as, your confidential or proprietary information or property;
  • Your Brand Mind is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback for any purpose whatsoever; and
  • you understand and agree that Your Brand Mind is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel us to do so.

Monitoring and Disclosure

Your Brand Mind cannot monitor everything on the Website and does not normally monitor your use of the Services; however, we and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate content on the Website, please contact us.

Trademarks

We own our name, logo, and all of our other trademarks and trade names appearing on the Website. Unless otherwise indicated, all other trademarks appearing on the Website are owned by third parties and are used with permission or under license.

Linking and Third-Party Suppliers

Any Websites that are linked to from our Website are not under our control, and you access them at your own risk. Those linked Websites may have terms of use and privacy policies different from ours, and those terms and policies will apply to your activities on those Websites. We do not assume any responsibility or liability for these linked Websites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.

If you wish to provide a link to the Website from your own web Website, you may only link to our home page at www.yourbrandmind.com or www.mybrandmind.com. You may not use any of our icons or logos on your web Website without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web Website.

Modifications and Updates

We may add new features to the Website and Services, remove existing features from the Website and Services, or otherwise modify the Website, Services and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.

If you use mobile applications to access the Website, those applications may automatically download and install our updates from time to time, and you agree to receive such updates (and permit us to deliver these updates) as part of your use of the Website.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. Our performance will be deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to end the event or to find a solution by which our obligations may be performed despite the event.

No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH YOUR BRAND MIND EXPRESSLY DISCLAIMS. YOUR BRAND MIND DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND YOUR BRAND MIND WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE.  YOUR BRAND MIND MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY YOUR BRAND MIND. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. YOUR BRAND MIND SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF YOUR BRAND MIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY YOUR BRAND MIND. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Separate Agreements

You may have other agreements with Your Brand Mind. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Your Brand Mind.

Rules

Whenever you access, use or otherwise deal with the Website, in addition to these Terms you must comply with all:

(a) applicable laws, including privacy laws;

(b) acceptable-use policies and other policies that we implement with respect to the Website from time-to-time, as posted on or made available through the Website; and

(c) other rules, policies and procedures we communicate to you from time to time.

Prohibited Activities

You will not use the Website for any purpose that is unlawful or prohibited by these Terms.

In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Website:

  • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
  • engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
  • impersonate others, including an Your Brand Mind employee or representative, or other members or visitors to the Website;
  • upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law;
  • upload any commercial content or solicit others to join or become members of any other online service or other organization;
  • circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Website or any hardware or software used to provide the Website, or third-party hardware, software or services;
  • use the Website or any hardware or software used to provide the Website to perform cyber currency or crypto currency mining;
  • collect users’ or our content or information or otherwise access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

Indemnification

You agree to indemnify and hold harmless Your Brand Mind and its directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Website.

Intellectual Property Claims

If you believe that your work is the subject of copyright infringement or trademark infringement and appears on the Website, please contact us at dan@yourbrandmind.com and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on the Website are covered by a single notification, a representative list of such works, and the date and time of the commission of the claimed infringement.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at these websites, and information reasonably sufficient to permit us to locate the material.
  • A description of your interests or rights in or to the work claimed to have been infringed.
  • Information reasonably sufficient to permit Your Brand Mind to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other Agreements

If there is any conflict between these Terms and any other written agreement between you or your business and Your Brand Mind, the latter agreement will prevail.

Choice of Law Jurisdiction

Except where prohibited by law, these Terms, your access to and use of the Website and the Content, and any claims made against Your Brand Mind or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with the laws of the State of Illinois, County of DuPage, and the parties hereby submit to the exclusive personal jurisdiction and venue of such courts.

You hereby irrevocably waive the defense of an inconvenient forum to the maintenance of such action or proceeding. You may not assign, charge, sub-contract or otherwise transfer your rights or obligations under these terms, and any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising hereunder at any time. No waiver of any term contained herein, whether by conduct or otherwise, shall be effective except in a writing signed by the party to be charged with the waiver. If any provision of these terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

General

If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Your Brand Mind will impair any of our rights or remedies that are not expressly waived in writing. We will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.

Language

The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English.

Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.

Contact Information

For any further information, please contact us at: dan@yourbrandmind.com.