THE ADDICTED MIND PLUS

TERMS OF SERVICE & PROGRAM PARTICIPATION AGREEMENT

This Participation Agreement (the “Agreement”) is made between The Addicted Mind Plus (“The Addicted Mind Plus” or the “Company”), and Participant (“Participant” or “You”).

In order to protect you and safeguard your privacy during The Addicted Mind Plus Program, you agree to the following:

I. THE ADDICTED MIND PLUS PROGRAM FEES

As consideration for The Addicted Mind Plus Program, you agree to the following payment structure:

You agree to pay The Addicted Mind Plus the monthly subscription fee as indicated during your enrollment for membership in the TAM+ community.
The subscription fee amount is established by your initial payment selection and will continue on a recurring monthly basis for as long as you maintain your membership.
This fee structure constitutes our agreed-upon payment terms for your participation in the TAM+ community.
No-Refund Policy: The Addicted Mind Plus Program Fee is non-refundable. By agreeing to this Agreement, you acknowledge and accept that no refunds will be provided under any circumstances.
Termination of Access: The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of this Agreement.

You represent and warrant that payment of The Addicted Mind Plus Program Fee will not place a significant financial burden on you or your family.

II. TERMINATION OF THE ADDICTED MIND PLUS PROGRAM

The Addicted Mind Plus may terminate your participation in The Addicted Mind Plus Program if you fail to make any monthly payment that is due and owing within fourteen (14) calendar days from the date in which the payment is due.
The Addicted Mind Plus may terminate this Agreement upon breach of any provision of this Agreement by Participant. If The Addicted Mind Plus terminates this Agreement pursuant to this Section II(A), you will not receive a refund for any monthly payments previously made, but all future payments will be stopped immediately upon termination of this Agreement.
Upon termination of your participation in The Addicted Mind Plus Program, whether by your choice or at the determination of The Addicted Mind Plus, you will no longer have access to the program materials. Program materials are only available to active, paying participants in the program.

III. THE ADDICTED MIND PLUS PROGRAM CODE OF CONDUCT

You agree to fully abide by the following The Addicted Mind Plus Program Code of Conduct:

Your participation is voluntary and you agree that any action or inaction you take as a result of the information or coaching provided is your responsibility.
Be coachable and share all relevant information with your coaches.
You understand that your well-being is your responsibility and you agree to care for your well-being and to not engage in any act of self-harm or self-injury.
You understand that your participation and how you conduct yourself in the program impacts other program participants, and you agree to be courteous of other participants and respect their privacy rights by holding what they share, say, or disclose as strictly confidential, in the absence of their express consent and permission to do otherwise.
You agree that if at any point during your participation, you experience a need for outside resources from other qualified professionals, you will seek out and employ these resources and be in communication with your coaches about it.
Do not engage in conduct that is detrimental (as determined by The Addicted Mind Plus in its sole discretion) to other program participants or The Addicted Mind Plus.
You understand that you are requesting educational information, materials, and coaching from The Addicted Mind Plus, and you agree that the nature of your participation is educational.
Comply with all laws, regulations, and rules.

IV. CONFIDENTIALITY

You agree, at all times during The Addicted Mind Plus Program and thereafter, to hold in the strictest confidence, and not to use, except to the extent necessary to participate in The Addicted Mind Plus Program, and not to disclose to any person, firm, corporation, or other entity, any Confidential Information (as defined below) that you obtain or access from The Addicted Mind Plus. You further agree not to make copies of such Confidential Information except as authorized by The Addicted Mind Plus.
You understand that “Confidential Information” means information and physical material not generally known or available outside The Addicted Mind Plus and information and physical material entrusted to The Addicted Mind Plus in confidence by third parties. Confidential Information includes, without limitation:

Technical data, trade secrets, know-how, research, product or service ideas or plans, ideas, software codes and designs, developments, inventions, sketchbooks, notebooks, workbooks, journals, processes, formulas, techniques, designs and drawings, videos, program methods and materials, or other business information disclosed to you by The Addicted Mind Plus either directly or indirectly, whether in writing, electronically, orally, or by observation. You agree Confidential Information includes all The Addicted Mind Plus Program methods and materials in any format.

Your agreements in this Section IV are intended to be for the benefit of The Addicted Mind Plus and any third party that has entrusted information or physical material to The Addicted Mind Plus in confidence.
This Agreement is intended to supplement, and not to supersede, any rights The Addicted Mind Plus may have in law or equity with respect to the protection of trade secrets or confidential or proprietary information.

V. THE ADDICTED MIND PLUS’S INTELLECTUAL PROPERTY

The Addicted Mind Plus is and shall be the sole and exclusive owner of all rights, titles, and interest in and to all The Addicted Mind Plus intellectual property and proprietary rights therein.

You agree that “intellectual property” means all developments, concepts, methods, designs, ideas, know how, improvements, inventions, trade secrets and/or original works of authorship, whether or not patentable, copyrightable or otherwise legally protectable. You understand this includes, but is not limited to, all The Addicted Mind Plus Program information, documents, videos, materials, titles, images, and logos. You agree you do not have the right to copy, modify, make derivative works of, use, sell, lease, rent, import, or otherwise distribute The Addicted Mind Plus’s intellectual property.

Limited License to You: By viewing, purchasing, or accessing any Program or Content, you are granted a revocable, non-transferable license for personal, non-commercial use only. This license is limited to you alone and allows you to:

View, download, print, email, and use one copy of individual pages of the Program and Content for your own personal purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money.
By using the Program or Content, you do not assume any ownership rights of the Content – it remains Company property.

Unauthorized Use: Any use of materials found in the Program or Content other than that expressly authorized in this Agreement is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater. This is in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
Written Permission: You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
Trademarks and Logos: The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
Reserved Rights: All rights not expressly granted in this Agreement or any express written license are reserved by us.
Injunctive Relief: You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

VI. PRIVACY, CONFIDENTIALITY AND INFORMATION DISCLOSURE

Company’s Commitment to Confidentiality: The Addicted Mind Plus (the “Company”) is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about you confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten or present a danger to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other legal privilege.
Mandated Reporters: Please note that many of the staff at The Addicted Mind Plus are mandated reporters who are required by law to report any known or suspected instances of child abuse or neglect to Child Protective Services or local law enforcement services. Other members may also be mandated reporters by virtue of their profession or occupation. Additionally, some states require all persons to report suspected child abuse or neglect, regardless of profession, and the remaining states permit any person to report.
Exceptions to Confidentiality: Confidential information does not include information that:

Was in the Company’s possession prior to your participation in the Program;
Is generally known to the public or in your circle of friends, family, and co-workers; or
The Company may be required by law to disclose.

Online Participation and Privacy:

When you join an online group video call, you can choose how you want your name displayed. Please check your settings on the video call platform before you join.

In some group Programs or the online coaching community, we may use an online forum that displays your name and likeness (as indicated in your personal settings) to others in the group.

Note: When you post in some online forums for group Programs, your post will stay on the forum even if you discontinue the Program and leave the forum platform.

Participant Confidentiality Obligations:

You agree to keep all information you learn about other Program members strictly confidential except in very rare circumstances where disclosure is required by law.

You agree you will not share or use anything you learn about other members or participants, any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. This boundary is critical for member safety.

Username and Password: To access certain features of the Program, including any private areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process for any Program, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

If the Company discovers you have violated these confidentiality obligations, this will be grounds for immediate termination of your access to the Program and Content.

Limitations of Confidentiality:

The Company cannot guarantee other members will maintain confidentiality of your information, and you participate and share your information in the Program at your own risk.

You agree that the Company shall not be liable for the disclosure of any of your information by another Program member.

Recording and Sharing of Program Content:

The Company may record coaching calls and you consent to the Company sharing them in the Program, on private third-party forums operated by the Company, or with its related organizations to facilitate the Company’s operations and the Program.

You cannot electronically record online sessions without the Company’s prior written consent

VII. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, MEDICAL DISCLAIMER AND PROFESSIONAL RELATIONSHIP

Voluntary Participation and Risk Assumption: You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of The Addicted Mind Plus, its employees, agents, and affiliates (collectively, “Releasees”) or otherwise.
Release and Hold Harmless: You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees.

This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

Limitation of Liability: In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
You understand that although some The Addicted Mind Plus staff may be Licensed Marriage and Family Therapists, or hold other professional or medical licenses, your participation in the Program does not establish a therapist-patient or similar relationship of any kind between you, The Addicted Mind Plus, employees or contractors of The Addicted Mind Plus. Company staff are not acting within the scope of their license for the services rendered and are not presenting themselves as therapists to you or providing psychotherapy to you in the Program.
You agree that The Addicted Mind Plus is not comprised of or working as licensed medical or psychological professionals and the information presented in The Addicted Mind Plus Program is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease or addiction. The information in The Addicted Mind Plus Program is in no way intended as medical advice, substance abuse counseling, psychological counseling, or as a substitute for medical or any other professional counseling.
The information provided should be used in conjunction with the guidance and care of your physician. Consult your physician before beginning this program as you would any medical, dietary, or fitness program. You agree your use of the information in The Addicted Mind Plus Program is at your own risk and that The Addicted Mind Plus does not guarantee results.
You understand and agree that it is your responsibility to consult with a physician or other qualified healthcare professional prior to and regarding any change in your lifestyle, use of any dietary supplement, or commencement of any exercise program or treatment for addiction. You should not construe any information provided in The Addicted Mind Plus Program as medical advice or instruction.
You agree to promptly report to your physician any signs or symptoms that may be related to or may indicate a medical condition. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in connection with The Addicted Mind Plus Program.
The Addicted Mind Plus does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained in The Addicted Mind Plus Program or associated materials.
You agree that coaching provided in The Addicted Mind Plus Program is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help. You agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship provided in The Addicted Mind Plus Program.
Personal Responsibility: You understand that you are solely responsible for creating and implementing your own physical, mental, emotional, financial, and legal well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls or workshops and interactions with Company staff and coaches. As such, you agree that Company coaches and staff are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Company.

VIII. PARTICIPANT CONDUCT AND PROGRAM RULES

Program as a “Pitch-Free Zone”: The Addicted Mind Plus Program is a “pitch-free zone.” You agree not to pitch, promote, market, or sell any other products, groups, programs, or events to Program members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This includes:

Not forming or asking Program members to join “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality.
Not inviting Program members to participate in events, such as meetups, seminars, or athletic competitions, without first receiving approval from the Company.
Not marketing, promoting, or selling products or services to Program members, unless authorized or requested to do so by the Company.

Responsibility for Posted Content: You are responsible for any material you upload, submit, or embed on any website operated by the Company and any third-party forums operated by the Company. Such material may become public. You participate, comment, and post material at your own risk.
Communication Standards: Any communication by you on the Company’s website and any third-party forums operated by the Company must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Prohibited Conduct: You are strictly forbidden from the following:

Harassing, fighting with, or being disrespectful to other members
Causing damage to any Company website or third-party forums operated by the Company
Using any Company website or third-party forums for any unlawful, illegal, fraudulent or harmful purpose or activity
Using any Company website or third-party forums to transmit malicious software or unsolicited communications
Systematically or automatically collecting data from any Company website or third-party forums
Taking pictures or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/or members without advance permission
Sharing any private or proprietary information, screenshots, comments, posts, pictures, materials or any other content posted and/or shared from other members, with the public or with anyone who is not a member

Termination of Participation: If, in the Company’s sole discretion, your conduct violates these terms in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
Company’s Right to Modify Content: The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not have any obligation to monitor posts, comments, or material submitted by third parties.
Disclaimer of Liability: The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

IX. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADDICTED MIND PLUS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ADDICTED MIND PLUS PROGRAM, THE ADDICTED MIND PLUS PROGRAM COURSE METHODS AND MATERIALS, THE ADDICTED MIND PLUS PRODUCTS AND SERVICES, AND ANY OTHER SUBJECT MATTER OF THE AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, AND CORRESPONDENCE TO DESCRIPTION.

X. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL THE ADDICTED MIND PLUS OR ANY OF ITS RELATED PARTIES BE LIABLE TO PARTICIPANT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS, AND LOST OPPORTUNITIES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO THE ADDICTED MIND PLUS PROGRAM, THE ADDICTED MIND PLUS PROGRAM METHODS AND MATERIALS, AND THE ADDICTED MIND PLUS PRODUCTS AND SERVICES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE ADDICTED MIND PLUS OR ANY OF ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XI. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Addicted Mind Plus (together with its agents, other independent contractors, stockholders, members, employees, directors, officers, and attorneys, collectively “Indemnified Parties”) from and against any and all losses or liabilities (including attorneys’ fees) you may suffer or incur as a result of your breach or alleged breach of the Agreement.

XII. APPLICABLE LAW

This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. By purchasing The Addicted Mind Plus Program, the parties consent to the jurisdiction of the State of California.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION XII CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.

XIII. AGREEMENT TO ARBITRATE

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR THE ADDICTED MIND PLUS’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and The Addicted Mind Plus concerning this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute In the event of a dispute, you or The Addicted Mind Plus must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: admin@theaddictedmind.com. The Addicted Mind Plus will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and The Addicted Mind Plus will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or The Addicted Mind Plus may commence arbitration.
Binding Arbitration If you and The Addicted Mind Plus don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Long Beach, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Prohibition of Class and Representative Actions and Non-Individual Actions You and The Addicted Mind Plus agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and The Addicted Mind Plus agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other The Addicted Mind Plus customers.

XIV. FORCE MAJEURE

The Company shall not be deemed in breach of this TOS if the Company is unable to complete or provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOS.

XV. MISCELLANEOUS PROVISIONS

Amendments and Waivers: Any term of this Agreement may be amended or waived only with the written consent of The Addicted Mind Plus.

Sole Agreement: This Agreement constitutes the sole agreement of the parties and supersedes all prior negotiations and writings regarding this subject matter.

Notices: Notices must be in writing and are deemed delivered when sent by personal delivery, overnight courier, email, fax (with confirmation), or 48 hours after mailing by certified/registered mail.

Choice of Law: This Agreement is governed by California law, without regard to conflict of law principles.

Severability: If any provision is deemed invalid, the remaining provisions remain in effect. No waiver of any term constitutes a continuing waiver of that or any other term.

Counterparts: This Agreement may be executed in counterparts, collectively constituting one instrument.

Advice of Counsel: EACH PARTY ACKNOWLEDGES THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL AND HAS READ AND UNDERSTOOD THIS AGREEMENT.

The Company may modify the terms of this TOS at any time. All modifications shall be posted on the Company’s website and members shall be notified via email. If any provision of this TOS is held invalid or unenforceable, the remainder of this TOS will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOS supersedes all prior written and oral representations.

By clicking on the box or typing yes when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOS, do not purchase or use the Program or Content.