Terms of Service


These terms of service govern your use of all websites published by the Institute of Mind Sciences (Mind Sciences, LLC.)  By visiting, using, or browsing IMS’s websites, you accept and agree to be bound by these Terms of Service.  If you do not agree to these Terms of Service, please do not use any of IMS’s products, programs or websites.

Changes to the Terms of Service

IMS reserves the right, from time to time, with or without notice to you, to changes these Terms of Service at our sole discretion.  The most current version of these Terms of Service is posted on the IMS’s site, and can be reviewed by clicking on the “Terms of Service” tab located under the “Resources” tab in the main menu.  The newest current version of the Terms of Service will supersede all previous versions.  Your use of the IMS’s websites after changes are made means that you agree to be bound by such changes.

Acknowledgements

With regard to IMS’s websites, you acknowledge and agree that you will not:
1.    Delete any legal notices, author contributions, or proprietary designations or labels on any part of the sites;

2.    Copy or otherwise re-create the source code, reproduce, publish, distribute, transmit, display, license, create derivative works from, transfer or sell any information, software, products or services obtained through the websites;

3.    Transmit any content that is harmful, threatening, unlawful, or otherwise objectionable which may invade another’s right of privacy or publicity;

4.    Post or transmit any material that contains a virus or corrupted data;

5.    Impersonate any person or entity, including, without limitation, an IMS entity; or falsely state or otherwise misrepresent your affiliation with such a person or entity;

6.    Use any of the websites’ features in a manner that limits availability of resources to other users (i.e. monopolizing message boards, etc)

7.    Delete or revise any material posted by someone else;

8.    Violate any applicable local, state, national or international laws;

9.    Submit or publish any material that infringes on patent, trademark, trade secret, copyright or other proprietary rights of any party, including IMS;

10.    Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any IMS website if you are not expressly authorized by such party to do so; or

11.    Use the websites for any purpose that is unlawful or prohibited by these terms and conditions.  You may not use the websites in any manner that could damage, disable, overburden, or impair IMS’s servers or networks, or interfere with any other user’s use and enjoyment of the websites.  We all just want to get along.

12.    You may not attempt to gain unauthorized access to any accounts, computers systems or network connected to IMS through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through websites.

 

Indemnification

You agree to indemnify, defend, and hold IMS and its subsidiaries, affiliates, officers, directors, agents, JV partners, consultants, co-branders or any other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly of or from (1) your breach of this Agreement, and (2) your access or use of the Sites and or/contents of our products or programs.  This indemnification shall survive in the event this agreement is terminated for any reason.

 

Disclaimers of Warranties and Limitations on Liability

In no event shall IMS, its shareholders, directors, officers, consultants, or its employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from your clients, your loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory or liability, arising out of or in connection with the use or performance of the information in IMS products or programs.  If any applicable authority holds any portion of this section to be unenforceable then liability will be limited to the fullest possible extent permitted by applicable law.

 

Membership and Billing

You can find the specific details regarding your billing program with IMS at any time by viewing the payment terms on the registration page you used to register with your program or membership.  We reserve the right to terminate an account at any time for any reason.

As a customer of an IMS payment or membership program, you agree that we are permitted to charge or debit, as applicable, your fee and any applicable tax or other charges you may incur in connection with your use of IMS’s services.  As used in these Terms of Service, ‘billing’ indicates either a charge or debit, as applicable, against your payment method.

The fee will be billed according to the terms on your registration page (the page where you entered your account information).  You shall be responsible for all charges incurred through your account as well as any applicable taxes or fees.

We will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your membership.  If you would like to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at talktous@instituteofmindsciences.com.

Your right to use any IMS program or method is conditional upon our receipt of payment.  If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating Agreement and all IMS obligations hereunder.  You are required to pay any amounts still owed to us at the time your account is suspended or terminated.  Terminations are not retroactive for any amount of time.

If you have an outstanding balance due on any IMS account, you hereby agree that IMS may charge these unpaid fees to your credit card.  If your account balance is 30 day overdue, you lose any and ALL authorization to use any IMS material with clients, students, or a commercial setting.
You acknowledge that if we offer installment payments, it is as a convenience and in no way meant to be a “subscription” program.  You are obligated to pay all installments until your balance is fully paid for the price of the program, whether you choose to continue to participate actively in the program while installments continue to be due or not.  You may not cancel your installments for the price of a course, just as you would not cancel the payment plan for a car you purchased.
No refunds are offered due to the nature of the programs – it is information that, once received, can be too easily copied and returned.  Therefore, it is up to you to be sure that this program is a good fit for your needs, and then to the work required to complete it.  Do not sign up if you are not serious about entering this field and working with us, as in any other endeavor or coursework, to succeed.

Intellectual Property

Copyright

The compilation of all content on this site and in our products or programs is the exclusive property of IMS and protected by US and international copyright laws.  All content included and sold on IMS’s websites, including text, graphs, photographs, images, audio/video clips, logos, designs, digital downloads, and all information is the property of IMS or its suppliers and is protected by the United States and International copyright laws.  They may not be reproduced or used in any way without the express written permission of IMS.

Trademarks

All trademarks not owned by IMS that appear on the IMS’s websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IMS.  Any images of persons or personalities contained on IMS’s websites shall not be an indication of endorsement of any particular product or our services unless otherwise specifically indicated.

Use of Information Submitted

IMS is free to use comments, concepts, reviews, information, ideas, photographs, or techniques contained in any communication you may send to IMS, including, without limitation, student assignments, responses to questionnaires, or through postings to IMS’s websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving IMS’s websites, products or programs.  In addition, by posting any information on our sites on in person, submitting suggestions, the content of assignments given as part of coursework, or in response to surveys or questionnaires, you grant us a nonexclusive, royalty free license to display, use, reproduce or modify that information in any way whatsoever.

Under no circumstances shall IMS have any obligation whatsoever to pay a fee to any subscriber, user, student, or member in connection with Submitted Materials upon the occurrence of a transfer of all or any portion of IMS’s business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers, students, members, or users.

You acknowledge and agree that the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole and exclusive property of IMS or its licensor.  You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning IMS or otherwise is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

None of the Submitted Materials for coursework, or material disclosed or posted to community boards or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on IMS’s part and we shall not be liable for any use or disclosure of any such Submitted Materials.

 

Accounts, Passwords and Security

If any of the IMS websites require you to open an account, you must complete the registration process by providing IMS with current, complete and accurate information, as prompted by the applicable registration form.  You acknowledge that by providing any information to IMS which is untrue, inaccurate, not current or incomplete, IMS reserves the right to terminate this Agreement and your continued access and use of the websites and programs.

As part of the registration process, you will be asked to select a password.  You are entirely responsible for maintaining the security and confidentiality of your account and password.  Further, you are entirely responsible for any and all conduct on your account, whether by you or by someone else.  You agree to notify IMS immediately of any unauthorized use of your account or any other breach of security.  IMS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.  However, you may be held liable for any losses incurred by IMS or another party due to someone else using your account or password.

 

Limitations on Use

You must be 18 years of age or older to use IMS’s services.  So long as your account is in good standing, you may use all the materials provided to you with clients, or for public education. 

You may modify materials as well to fit your needs and the niche of your particular private practice.  However, you may not sell Institute of Mind Sciences’ proprietary information or use it to train others. 

Unless you are an Authorized Clinical Program Manager trained and certified by the Institute of Mind Sciences and licensed to teach with our materials, you may not use these materials in any way to train or certify other Clinical Hypnotherapists, Neuro-Linguistic Practitioners, or Life and Business Coaches.

Your Conduct on IMS' Websites

By accessing IMS’s websites, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment associated with the IMS’s websites.

You also agree not to interfere with the servers or networks connected to IMS’s websites, the terms of which are incorporated herein.  You further agree not to impersonate any other person while using IMS’s websites, conduct yourself in a vulgar or offensive manner while using our services, or use IMS’s websites for any unlawful purpose.

We strive to be a community of professionals and request that we all respect that fact.

 

Disclaimer of Liability

You have the responsibility to check with applicable laws in your jurisdiction regarding whether the approaches we suggest meet legal or licensing requirements, or standards, in your jurisdiction.  

Law and regulations vary state by state, and country by country, so please become informed about the applicable laws in your jurisdiction and whether or not our material will be applicable to your governing regulations.


The Institute of Mind Sciences makes no claims about the amount you can earn as a Clinical Hypnotherapist, Neuro Linguistic Practitioner/Master, or a Life or Business Coach.
  These fields are competitive, and the people in them have varying degrees of training, skills, ability and ambition.

IMS is in no way responsible for the business results that you achieve.  You understand that the information in IMS’s programs and products are not meant to be a complete business plan, rather they are intended as business models that can you can apply immediately in your business.  You should consult legal, accounting, marketing professionals, and other resources to fully assess your risks.

Links

Some of the links on the IMS’s websites may lead to other websites that are not controlled by, or affiliated with, IMS.  In addition, other websites may link to IMS’s websites.  IMS has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

 

Right to Terminate

We reserve the right to terminate or restrict your use of our services, without notice, for any reason or for no reason whatsoever.

If your account is no longer in good standing or you request to terminate your membership with IMS, you may no longer use IMS materials in any commercial way including with the public, clients, students, or for products you sell for monetary gain.  All rights are reserved by IMS.

 

General Information

The Agreement and the relationship between you and IMS shall be governed by and constructed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law provisions.  You and IMS irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Arapahoe, in the State of Colorado, United States, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  The failure of IMS to exercise and enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herewith and shall not affect the validity and enforceability of any remaining provisions.  The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect.  This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.  However, we may assign the Agreement to any third party whom we choose without your consent.  No waiving by IMS of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

 

Contact

If you have any questions concerning your Account, this Privacy Policy or the Terms of Use, please contact Customer Service at talktous@instituteofmindsciences.com