Terms of Service
General
This website (the "site") is owned and operated by MentalDefender.com (“MentalDefender.com,” “we” or “us” or "our"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from MentalDefender.com. Accessing the Site in any manner, whether automated or otherwise, constitutes as use of the Site and your agreement to be bound by these Terms of Service.
In order to agree to our Terms of Service. You affirm that you are either more than 13 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case, we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service and your use of Mental Defender’s Intellectual Property Rights, as it has been modified.
Our Limited License to You
This Site and all the materials available on the Site (MentalDefender.com) are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or in any way that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
3.1 - By posting or submitting any material (including and without limitation: comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media platforms, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 13 years of age or older.
3.2 - You understand and agree to not place an unreasonable burden on the server hosting MentalDefender.com (the "site"), Services, or any related membership site, to not interfere with the running of the Website and to not attempt unauthorized access to any portion of the Website.
3.3 - You affirm, represent, and warrant that your participation on MentalDefender.com (the "site") and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that the content you submit does not violate the intellectual property rights of third parties.
3.4 - In addition, when you submit, email, text, deliver or post any material, you are granting us and anyone authorized by us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. You affirm that your use of MentalDefender.com (the "site") or any related Materials will not be used for any unlawful purpose. The former statement includes your forgoing of the right to exploit any proprietary rights in such postings or submissions which include but are not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also in connection with the exercising of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
MentalDefender.com (the "site") reserves the right to make the final decision regarding what is appropriate actions and behavior in relation to our Terms of Service. MentalDefender.com (the "site") further reserves the right to remove content or terminate your account without prior notice upon violation of this provision.
Limitation of Liability
Under no circumstances, which include but is not limited to your own negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use the site, which include any aspects with regards to our messaging system, blogs, emails, products, or services in any way, even if we are advised beforehand of the possibility of such damages.
Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any materials, products or services relating to the site, or if you are dissatisfied with the terms and conditions of the site, then your sole and exclusive remedy is to discontinue using the site, products, services and/or materials.
MentalDefender.com is not an investment advisory service, and does not provide personalized financial advice or act as a financial advisor. We exist for educational purposes only, and the materials and information contained herein and in our products and services are for general informational purposes only. None of the information provided by us is intended as an investment in any way other than education. Our information should not be relied upon for purposes of transacting in securities or other investments.
Refund Policy
Due to the nature of the product and course, and for the reason that The Mental Defense System is only offered as a one-day service, all sales are final and no refunds are offered.
Chargebacks
If we, “Mental Defender LLC.” receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your account and charging service used for purchasing will be immediately blocked, and all associated services related to your account will be terminated without notice. "Mental Defender LLC." will always consider chargebacks as a result of fraud. Since fraudulent purchases work very similarly to malware and phishing, immediate termination of all services related to the chargeback is the best way to protect the public from harm.
Any denial or attempts to dispute a valid charge will result in your credit card account, name, physical address, and IP address to be immediately added to a negative database. The negative database is shared by thousands of online merchants, both large and small, and you will not be able to purchase any goods or services from online merchants in the future.
You, the Customer, agrees to not issue chargebacks for any credit card payments. A chargeback of payment for services rendered will result in an additional fee of $300.00 to compensate for our time lost spent responding to and resolving the issue. You, the Customer, authorize us to charge this amount to your credit card, and if this charge is rejected, "Mental Defender LLC." will pursue legal action to recoup losses for our time associated with responding to the chargeback. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may cause “Mental Defender LLC.” to incur.
To avoid any of the potential issues above, we encourage you to contact us first for any problems regarding your purchase. We are always here to assist you with any questions, complaints and/or problems you have. Please contact our Support Department (support@mentaldefender.com) for additional help and assistance.
Compliance with Laws
In connection with the performance, access and use of the Services under these Terms and Conditions, MentalDefender.com (the"site") and the Customer both agree to comply with all applicable laws, rules and regulations which include but are not limited to, export and import, data protection, privacy laws and regulations.
Specifically, the Customer shall provide the relevant persons and/or participants with all information or notices required by applicable privacy and data protection laws, and if necessary, they must obtain the consent of such entities, or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms and Conditions, MentalDefender.com (the"site") shall have the right to immediately terminate its agreement with the Customer for their noncompliance with applicable laws.
Disclaimer of Warranties
All materials, information, software, products, and services included in or available through the website (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, which include but are not limited to the implied warranties of merchantability, fitness for a particular purpose, or non infringement.
"Mental Defender LLC" and its agents do not warrant that the content presented is accurate, reliable or correct, nor does it guarantee that the website will be available at any particular time or location, that any defects or errors will be corrected, or that the content is free of viruses or other harmful components. Your use of the website is decided solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Indemnification
Upon request by MentalDefender.com (the "site"), you agree to defend, indemnify, and hold MentalDefender.com (the "site") and other affiliated companies harmless. You will defend the employees, contractors, officers, and directors effected from all liabilities, claims, expenses, and attorney fees which arise from your misuse of the Website and/or Services.
Attorney's Fees
In any dispute, action, proceeding, or arbitration regarding the use of the Website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
Class Action Waiver
Any legal action or arbitration arising in connection with the use of the website or these terms and conditions must be on an individual basis. This means neither you nor we may join or consolidate claims by or against other customers, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.