Acceptance of Terms of Use

In consideration for accessing and using The Scott Petinga Group GBC (“Us”, “We”, or “Our”) service, including but not limited to www.KnowYourMindset.com and the Action Mindset Profile Assessment (the “Assessment”) (collectively the “Site”, “Site Services”, or “Services”), you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”).  These terms apply to and govern your usage of the Site and its contents.  IF YOU DISAGREE WITH ANY TERMS OF THIS SITE, YOU SHOULD NOT USE THIS SITE.  YOUR CONTINUED USE OF THIS SITE SERVES AS YOUR CONSENT TO THESE TERMS OF USE.

No Medical Advice or Treatment

This Site may contain information on health-related topics; however, this Site is not intended to diagnose, predict, scree, or treat any health condition.  This information is intended for informational, entertainment and educational purposes only.  It is not meant to be a substitute for the advice provided by your own doctor.  You should not use any Site information for diagnosing a health problem or disease but should always consult your own doctor.

Modifications to Terms of Use

This TOU may change without notice and you accept any such modifications with your continued use of the Site.  If you disagree with any modification to the TOU, you must immediately discontinue use of all Site services.

One Account Policy

To further the integrity of the Services We provide, all users are limited to one account per person.  Similarly, all companies are limited to one account per company.  Users who violate this policy may have all of their accounts suspended or terminated.

Adult Usage Only and Your Authority

In using this Site, you represent, warrant, and agree that you are at least eighteen (18) years old, possess legal guardian consent, or are otherwise able to legally enter into a contract and accept this TOU.  You affirm that you are at least thirteen (13) years old.  If you are under the age of thirteen (13), please do not use the Site services.  If you are providing any information regarding a third-party, you represent and warrant that you have the authority to provide such information from the third-party to Us.

If you provide access to this Site or any Site Services to individuals who are under the age of eighteen (18), you represent and warrant that you have: (i) obtained their parents or legal guardians’ permission to use the Site and Site services; (ii) provided the parents or legal guardians with copies of this TOU; (iii) obtained the parents or legal guardians’ express agreement to this TOU; and (iv) provide Us with proof of your compliance with the provisions of this paragraph upon request.  You further agree that you are solely responsible for complying with all applicable laws, including but not limited to data privacy, related to patients, students and individuals who you provide access to this Site or Site Services.

Unauthorized Use

Some portions of the Site are restricted and require authorization for access (e.g., username/password).  Unauthorized use of or access to these areas is prohibited.  Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.  Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system.  If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Accuracy of Information Provided by You

You agree that all information you provide Us is true, current, complete and accurate.

You represent and warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to Us and that any such data does not contain any information of children under the age of  thirteen (13) or without the consent of the child’s legal guardian.  You further warrant that to the extent you provided personal data about a third-party to Us, you provided that third-party with notice about this Site’s TOU.  You accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

Payment Processing

If you are purchasing items from the Site, you must keep a valid credit card on file with Us.  We use a third-party to accept and process payments you make on the Site.  In using such payment service, you agree that in addition to this TOU, that third-party’s terms and conditions, if any, apply to your usage of their service.  You further agree to hold Us harmless for all such transactions and look solely to that payment processor for any concerns you may have about how your payment was processed or your payment information was stored or handled.

Subscriptions

In order to fully utilize all Site Services, you must be a subscriber to our Services.  Subscriptions are billed on a monthly basis.  Your subscription will renew monthly using your payment method selected.  If you have a credit card on file, your card may automatically be charged in advance for the next month of subscription services.  You may cancel your subscription at any time.  Once you cancel your subscription, your use of all paid-for Site Services must cease.  You will not receive a credit for any unused time of your subscription.

Termination of Services

If you wish to terminate your Services, you should log into your account and select the option to terminate your services.  Alternatively, you may email customer service; however, please note that your termination of your services may be delayed and is only effective when the customer service representative is able to process your request.

Refunds

The sale of all items on the Site are final. No refunds are provided.

Automatic Payments in the Event of Default

If you provided payment information to Us, and sums are due and owing from you to Us, and you are in default of your obligations under this TOU, you authorize Us to deduct/charge any sums due and owing from your payment source(s).  If you commence a credit card chargeback for any rightful charge due under these TOU, you agree We shall be allowed to charge your credit card or any other payment method on your account an administrative charge of $100 per chargeback in addition to any and all other amounts due and owing to Us.

Code of Conduct

Your use of Site services shall only for be for lawful purposes and must be consistent with the terms, conditions, and policies set forth in the TOU.  You agree to not use Site Services or anything related to the Services offered by Us for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  Additional prohibited uses include:

  • Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
  • Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  • Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
  • Use any metatags or any other “hidden text” utilizing Our name, service or trademarks or trade dress without Our express written consent s;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  • Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • Harvest or otherwise collect information about others who use the Site;
  • Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
  • Use the Site, services or tools if you are not able to form legally binding contracts;Harvest or otherwise collect information about others who use the Site;
  •  Any attempt to copy or mirror the information, data, content, or coding from the Site without first obtaining express written permission from the Site administrator;Harvest or otherwise collect information about others who use the Site;
  • Unlawful use of any person’s image, voice, or likeness in any audio-visual or data file;
  • Any attempt to reverse engineer or reconstruction any portion of the Site; and
  • Use the Site to violate or infringe on the rights of any third-party, including but not limited to engage in copyright infringement.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of Site services.  You further agree you are and will adhere to all applicable State and Federal laws and regulations.

Breach of the Terms of Use

We reserve the right to cancel or terminate your use of Site services if, in Our sole discretion, you breach, or We reasonably believe you breached the TOU or any other obligation to Us.  Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under this TOU:  (i) your failure to abide by any provision of the TOU or any other agreement you have with Us; (ii) your failure to pay any amounts due to Us; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of Our Code of Conduct.

If any of the foregoing events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that We are not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice.

Maintenance/Site Down Time

You agree that We may perform maintenance whenever it deems reasonably necessary to the Site, which may result in periodic outages of Site Services.  Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.

We are not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Our control.

Intellectual Property Rights

You agree that We hold all right, title and interest to all services, its websites any information and technology used to provide the Site Services.  You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such services.

All content including but not limited to text, graphics, downloads and software included on this Site is Our property or Our licensors and protected by United States and international copyright laws.

You also grant Us a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Us using the Site.  Such information will be used by Us in conjunction with marketing the Site and its Services.

Disclaimer of Warranties

WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE DO NOT CONTROL THE FLOW OF DATA OR ALL CONTENT THAT MAY BE AVAILABLE ON THE SITE.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF US, WE DO NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF US, WE PROVIDE NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, US, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH US.

Assumption of Risk

When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.

Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, We provide email support for Site customers.  Support can be reached by sending an email to: support@KnowYourMindset.com

Indemnification

As a user of this Site, you agree to and hereby do release, indemnify, defend and hold harmless Us and all of Our agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third-party or relating to or arising under violations of your TOU, your submissions to the Site, the Services provided by Us to you, your infringement of any third-parties intellectual property rights, your use of any Services of the Site or provided by Us, or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  This indemnification obligation is in addition to any other rights or remedies We may have in law or equity.

You agree that We shall have the right to participate in the defense of any claim asserted against Us.  You also agree that We shall be entitled to retain counsel of Our own choosing at your cost.  You further agree to notify Us of your knowledge of any claim against Us.  You agree to cooperate fully with Us during such proceedings.

Right to Refuse Service

We, in our sole discretion and without any liability to us, reserve the right to refuse service to any person or entity in compliance with applicable law.

Survival of Agreement

Your obligations in this TOU shall continue to apply to you even if you are no longer using the Services.

Reports of Abuse

If you have any reason to believe that the content on the Site violates any law, that any user of the Site is using Site Services to violate the law, or that any user is violating the TOU, you may inform Us in writing about the facts and circumstances of the alleged abuse/violations by writing to Us, to conduct an investigation into the allegations.  We reserve the right to remove accounts, content, or postings that We, in our sole discretion, believe is offensive, illegal, or otherwise inappropriate.

With respect to claims of copyright infringement made under the Digital Millennium Copyright Act (“DMCA”), you may email support@KnowYourMindset.com with your lawful takedown request.  Such email must include the following:

  • A physical or electronic signature of the copyright owner or authorized agent of the copyright owner;
  • Detailed identification of the copyrighted work;
  • Detailed identification of the infringing material allegedly on the Site;
  • Your full contact information, including your address, telephone number, and an email address;
  • A statement that you have a good faith belief that the use of the copyrighted material is unauthorized by the copyright owner or the law; and
  • A statement, made under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will comply with the DMCA provisions of forwarding via email any such communication to the account holder that allegedly engaged in the infringing conduct.  If you receive a DMCA takedown notice and believe it was in error, you may send a counter notice by responding to our email notice and following the steps below:

  • Your physical or electronic signature;
  • Identification of the material in which you removed or disabled access to along with the location where the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your full contact information (i.e. name, address, and telephone number), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Us may be found, and that you will accept service of process from the person who provided the original DMCA notification.

If we receive a valid counter-notice, we will forward such notice via email to the sender of the original DMCA takedown notice.

If We receive, in our sole discretion, an unreasonable amount of DMCA takedown notices or believe you are violating the rights of third-parties, you agree that we may disable your account without notice and terminate your Services.  Notwithstanding any applicable obligations we may have under the DMCA, you agree that you will directly handle all copyright disputes by yourself and without participate of, or expense to, Us.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records.  Under no circumstances will We be liable for your failure to retain necessary records, nor will Our (non-)retention of records act to alleviate your duty under the law.

Notices and Communication

Notices that you send to Us must be delivered via first class mail to the following address:

The Scott Petinga Group GBC
226 Washington Avenue N., Suite 300
Minneapolis, MN  55401
USA

You may also email Us notices to support@KnowYourMindset.com so long as you place “LEGAL NOTICE” in the subject line of the email and we actually receive the email.
You authorize Us to send any notices to you based on the information you provide to Us.  We are not responsible if you fail to keep your contact information up to date.

Choice of Law, Jurisdiction and Venue

All purchases from the Site or for Site Services are deemed made within the State of Minnesota.

This TOU shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Minnesota.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU or related to Site Services provided by Us to you shall be brought and maintained exclusively in the State or Federal courts with jurisdiction in Hennepin County, Minnesota.  Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts with jurisdiction in Hennepin County, Minnesota, for the purpose of any such litigation as set forth above.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Us related to the Site, this TOU or procurement of other Services, is limited solely to the amount you actually paid for such services to Us within the past twelve (12) months.  IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCURMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH WE MAY BE RESPONSIBLE.

Time Limitations For Action

You hereby agree that any cause of action arising out of or related to the services provided to you by Us must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU OR RELATED TO SITE SERVICES.

No Third-Party Beneficiaries

Except as expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from Us.  Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at Our option.

Successors and Assigns

Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by Us in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, Our election to not assert its rights under this TOU shall not preclude Us from asserting its rights in the future.

Severability of Terms

If any provision of this TOU is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If We prevail in any action, suit, or proceeding arising from or based upon this TOU or your usage of the Site or Site Services, We shall be entitled to recover Our reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.  We shall also be entitled to all of its expenses and fees incurred in collecting any judgment(s) against you and for all appeals.

Headings

The headings in this TOU are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

Privacy Policy and Notice of Privacy Practices

Please read our Privacy Policy.

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.