Mind Strength Balance Terms and Conditions of Use
Effective as of February 17, 2019
2 Changes to the Agreements
4 Payments and cancellations
5 Using our service
7 User-Generated Content
8 Rights you grant us
9 User guidelines
10 Infringement and reporting User Content
11 Service limitations and modifications
12 Brand Accounts
16 Term and termination
17 Warranty disclaimer
18 Limitation and time for filing
19 Third party rights
20 Entire agreement
21 Severability, waiver and interpretation
24 Choice of law, mandatory arbitration, and venue
25 Contact us
Hello, and welcome to the Mind Strength Balance Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
- Outline your legal rights on Mind Strength Balance
- Explain the rights you give to us when you use Mind Strength Balance
- Describe the rules everyone needs to follow when using Mind Strength Balance
- Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration
Thanks for choosing Mind Strength Balance (“MSB,” “we,” “us,” “our”). Mind Strength Balance provides personalized services with information and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these MSB services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “MSB Service” or “Service”), or accessing any audio, video or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Mind Strength Balance.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Mind Strength Balance’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use Mind Strength Balance’s Service or access any Content.
In order to use the Mind Strength Balance Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States, Canada, or the British Isles. You also promise that any registration information that you submit to Mind Strength Balance is true, accurate, and complete, and you agree to keep it that way at all times.
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
You may purchase a Paid Subscription directly from Mind Strength Balance or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Mind Strength Balance Service for a specific time period (“Pre-Paid Period”).
Mind Strength Balance may change the price for the Services, Products, Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Mind Strength Balance Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
The Mind Strength Balance Service and the Content are the property of Mind Strength Balance or Mind Strength Balance’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Mind Strength Balance Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Mind Strength Balance. You promise and agree that you are using the Mind Strength Balance Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Mind Strength Balance Service or the Content.
The Mind Strength Balance products and the Content are not sold or transferred to you, and Mind Strength Balance and its licensors retain ownership of all copies of the Mind Strength Balance software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
All Mind Strength Balance trademarks, service marks, trade names, logos, domain names, and any other features of the Mind Strength Balance brand are the sole property of Mind Strength Balance or its licensors. The Agreements do not grant you any rights to use any Mind Strength Balance Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Mind Strength Balance Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Mind Strength Balance grants no right, title, or interest to you in the Mind Strength Balance Service or Content.
Third party software (for example, open source software libraries) included in the Mind Strength Balance Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Mind Strength Balance users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Mind Strength Balance Support Community as well as any other part of the Mind Strength Balance Service.
You promise that, with respect to any User Content you post on Mind Strength Balance, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Mind Strength Balance as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Mind Strength Balance or any artist, band, label, entity or individual without express written consent from Mind Strength Balance or such individual or entity.
Mind Strength Balance may, but has no obligation to, monitor, review, or edit User Content. In all cases, Mind Strength Balance reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Mind Strength Balance’s sole discretion, violates the Agreements. Mind Strength Balance may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Mind Strength Balance is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Mind Strength Balance RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Mind Strength Balance HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
If you provide feedback, ideas or suggestions to Mind Strength Balance in connection with the Mind Strength Balance Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Mind Strength Balance to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Mind Strength Balance a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Mind Strength Balance respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Mind Strength Balance stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Mind Strength Balance Service or the Content, or otherwise making any use of the Mind Strength Balance Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Mind Strength Balance Service or the Content or any part of it;
- using the Mind Strength Balance Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Mind Strength Balance Service, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by Mind Strength Balance, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Mind Strength Balance Service or the Content;
- circumventing any territorial restrictions applied by Mind Strength Balance or it licensors;
- manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- circumventing or blocking advertisements in the Mind Strength Balance Service, or creating or distributing tools designed to block advertisements in the Mind Strength Balance Service;
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Mind Strength Balance Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Mind Strength Balance or the Mind Strength Balance Service;
- artificially promoting Content by automated means or otherwise.
Please respect Mind Strength Balance, the owners of the Content, and other users of the Mind Strength Balance Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Mind Strength Balance or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Mind Strength Balance;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Mind Strength Balance;
- interferes with or in any way disrupts the Mind Strength Balance Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Mind Strength Balance’s computer systems, network, usage rules, or any of Mind Strength Balance’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Mind Strength Balance.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Mind Strength Balance reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Mind Strength Balance account. You also agree that Mind Strength Balance may reclaim your username for any reason.
Please be thoughtful about how you use the Mind Strength Balance Service and what you share. The Mind Strength Balance Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Mind Strength Balance or across the web, so please use Mind Strength Balance carefully and be mindful of your account settings. Mind Strength Balance has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Mind Strength Balance will make reasonable efforts to keep the Mind Strength Balance Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Mind Strength Balance reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Mind Strength Balance Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Mind Strength Balance Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to Mind Strength Balance for Paid Subscriptions that Mind Strength Balance permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), Mind Strength Balance will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Mind Strength Balance will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Mind Strength Balance and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
If you establish a Mind Strength Balance account on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Brand.
If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
Brands must be transparent to our users about disclosing any endorsements or consideration provided to users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
The Agreements will continue to apply to you until terminated by either you or Mind Strength Balance. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Mind Strength Balance may terminate the Agreements or suspend your access to the Mind Strength Balance Service at any time, including in the event of your actual or suspected unauthorized use of the Mind Strength Balance Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Mind Strength Balance terminate the Agreements, or if Mind Strength Balance suspends your access to the Mind Strength Balance Service, you agree that Mind Strength Balance shall have no liability or responsibility to you, and Mind Strength Balance will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Mind Strength Balance account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
YOU UNDERSTAND AND AGREE THAT THE Mind Strength Balance SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Mind Strength Balance AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Mind Strength Balance NOR ANY OWNER OF CONTENT WARRANTS THAT THE Mind Strength Balance SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Mind Strength Balance MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Mind Strength Balance SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND Mind Strength Balance IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Mind Strength Balance SHALL CREATE ANY WARRANTY ON BEHALF OF Mind Strength Balance. WHILE USING THE Mind Strength Balance SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Mind Strength Balance SERVICE IS TO UNINSTALL ANY Mind Strength Balance SOFTWARE AND TO STOP USING THE Mind Strength Balance SERVICE. YOU AGREE THAT Mind Strength Balance HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE Mind Strength Balance SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Mind Strength Balance, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL Mind Strength Balance, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Mind Strength Balance SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Mind Strength Balance HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Mind Strength Balance SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Mind Strength Balance DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in the Agreements removes or limits Mind Strength Balance’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
YOU AGREE THAT ANY CLAIM AGAINST Mind Strength Balance MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Mind Strength Balance, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
Other than as stated in this section or as explicitly agreed upon in writing between you and Mind Strength Balance, the Agreements constitute all the terms and conditions agreed upon between you and Mind Strength Balance and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Mind Strength Balance Service may be governed by additional agreements. That could include, for example, access to the Mind Strength Balance Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Mind Strength Balance’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Mind Strength Balance or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Mind Strength Balance’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Mind Strength Balance may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Mind Strength Balance may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Mind Strength Balance harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Mind Strength Balance Service; and (4) your violation of any law or the rights of a third party.
24.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the province of British Columbia, Canada, without regard to choice or conflicts of law principles. Further, you and Mind Strength Balance agree to the jurisdiction of British Columbia to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration.
24.2.1 Dispute resolution and arbitration
You and Mind Strength Balance agree that any dispute, claim, or controversy between you and Mind Strength Balance arising in connection with or relating in any way to these Agreements or to your relationship with Mind Strength Balance as a user of the Service will be determined by mandatory binding individual (not class) arbitration. You and Mind Strength Balance further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
24.2.4 Arbitration rules
Any arbitration hearings will take place in the county (or parish) of our billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the Rules in the county (or parish) of our billing address.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
24.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, Canada Post, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Mind Strength Balance’s address for Notice is: Mind Strength Balance, 414-1655 Chambers Street, Victoria, BC V8T 3J7 Canada. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or Mind Strength Balance may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Mind Strength Balance shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Mind Strength Balance’s last written settlement offer, then Mind Strength Balance will instead pay you either the amount of the award or $1, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.
If you have any questions concerning the Mind Strength Balance Service or the Agreements, please contact Mind Strength Balance Customer Service by visiting the About Us section of our website.
Thank you for reading our Terms.
Mind Strength Balance
414-1655 Chambers Street
Victoria, BC V8T 3J7 Canada