TERMS OF USE
Please
read the following terms of use relating to your use of
this site carefully. By using this site, you agree to
these terms of use. We reserve the right to modify
these terms at any time, so please check this page
periodically for changes. By using this site after we
post any changes to these terms, you agree to accept
those changes, whether or not you have reviewed them or
been notified about them. If at any time you choose not
to accept these terms of use, please do not use this
site.
Owners
and Collectors of Information
These
terms of use apply to your use of all of the Sites and
services owned or operated by Make3Wishes LLC
(collectively "we," "us," or "our"), including
LoriBarr.com, Easeostat.com, Makeupyourmastermind.com,
Tameyourmindsaveyourlife.com, MindTamers.com,
Make3wishes.com and any other site that we have owned
or operated, do own and operate or may own or operate
in the future (collectively, the "Sites"). Unless we
say otherwise, all references to the Sites in these
terms of use include all such Sites. These terms of use
do not apply to your use of unaffiliated Sites to which
any of the Sites may link to or direct you
to.
If
you have any questions about these terms of use you may
contact us at
Make3Wishes,
LLC10075
Circleview DriveAustin,
TX 78733-6303Telephone:
1-512-402-0784info@mindtamers.com
Please
not that the “Terms of Use” are different and separate
from the “Terms and Conditions” associated with
registering for any of our seminar. However, our “Terms
and Conditions” state that by accepting them, you also
accept these “Terms of Use.”
Restrictions
The
contents of our Sites are protected by copyright and
trademark laws, and are the property of their owners.
“Ease-o-stat” and "MindTamers" are trademarked by Lori
Barr, and all information on the Sites is copyrighted
by MindTamers LLC. Unless otherwise noted, you may
access and use the information and materials within the
Sites for your personal use. You may not change,
modify, delete, display, transmit, adapt, exploit, or
copy for distribution or sale any information,
material, trademark, or copyright on the Sites. You
must obtain written permission from us or any other
entity who owns intellectual property on the Sites
before you may publish, distribute, display, or
commercially exploit any material from the Sites. By
using the Sites, you agree to abide by all copyright
notices or other posted
restrictions.
Links
These
terms of use apply only to our Sites, and not to the
Sites of any other companies or organizations,
including those we link to. We do not maintain, create,
endorse, or take any responsibility for the contents,
advertising, products or other materials made available
through any other site, including those we link to.
Under no circumstances will we be held responsible or
liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you in
connection with your use of any content, goods or
services available on any other site. Other Sites may
link to our Sites by permission only. To seek our
permission, you may contact us at the information
above. We reserve the right to rescind any permission
granted to you or any organization in which we approve
linking to our Sites, and to require termination of any
such link to any of the Sites, at our discretion at any
time.
Events,
Information, and Speaker Changes
The events, information, and speakers listed on our
Sites are subject to change without notification.
Submissions
We
welcome your comments about any of the Sites. However,
we will not review or consider any unsolicited creative
submissions or suggestions for topics at our seminars
or within our newsletters or products. We hope you will
understand that this policy is intended to avoid the
possibility of future misunderstandings in the event
that ideas developed by our staff might seem to be
similar to the ideas submitted to us. Accordingly, we
must ask that you not send us any original creative
ideas, suggestions or materials. If, despite our
request, you send us any idea, suggestion or material
("Submission"), it shall become our property. We will
not be subject to any obligation of confidence for any
Submission, and we will not be liable for any use or
disclosure of any Submission. In the case that you
submit something to us and it is unsolicited, we will
exclusively own all rights to the Submission worldwide,
and we will be entitled to the unrestricted use of the
Submission for any purpose, without compensation or
notification to the provider of the Submission. Given
this fact, we ask that you refrain from submitting
creative projects to us, particularly those that are
confidential or personal to you.
Forums
A
"forum" means any message board, chat room, user review
forum or other interactive service appearing on any of
the Sites and includes both public boards and private
folders. You must register in accordance with
instructions that you will find on the Sites in order
to contribute to any forum. You may not post on any
forum, or send to any other forum user or our staff,
any material that is abusive, vulgar, threatening,
harassing, libelous, defamatory, obscene, invades a
person's privacy, violates any intellectual or other
property rights, or that would otherwise violate any
law. You may not use any forum in a commercial manner.
You may not post material that solicits funds, or that
advertises or solicits goods or services. You may not
post material known to be false. You may not post
messages that contain stock touts. You may not post or
transmit any information, software or other material
that contains a virus or other harmful component. We
are not responsible for material appearing in any forum
on the Sites, except for material signed by one of our
identified representatives. We are not responsible for
screening material posted by users for libel,
obscenity, invasion of privacy, copyright or trademark
infringement, accuracy, or for any other reason. We
retain, however, the right to modify or remove messages
or other material that we, in our sole discretion,
consider infringing, offensive, abusive, defamatory,
obscene, stale, or otherwise unacceptable. We also
reserve the right to edit materials for any other
reason. Whether or not we modify or remove such
material, users remain solely responsible for the
content of their messages or postings. By posting on
the Sites, you grant (or warrant that the owner of such
rights has expressly granted) us and/or relevant
affiliated companies the worldwide, perpetual,
nonexclusive right to use your questions, comments, and
postings, in their original or edited form, in
television programs, books, articles, commentaries, or
in any other medium now known or later developed. You
also warrant that you own or otherwise control all of
the rights to the content you have posted and that the
public posting and use of such content by us will not
infringe the rights of any third party. Additionally,
you warrant that any "moral rights" in posted materials
have been waived. You are not entitled to any
compensation for any materials you may post on the
Sites.
Registration
We
may, at our discretion, suspend or terminate the
registration of any forum user or general user who
violates any of these terms of use of use, any of the
forum member guidelines or for any other behavior that
we in our discretion believe is inappropriate.
Disclaimers
The
information, services, products, claims, seminar
topics, and materials on this site are provided "as is"
and without warranties of any kind, either expressed or
implied. We disclaim all warranties, expressed or
implied, including but not limited to implied
effectiveness of the ideas or success strategies listed
on this site as well as those that are provided in our
products or to our participants at our events. The only
exception is the guarantees of satisfaction and
graduation that are clearly labeled guarantees within
our Sites. Neither we nor any of our respective
licensors or suppliers warrant that any functions
contained in the Sites will be uninterrupted or
error-free, that defects will be corrected, or that the
Sites or the server that makes them available are free
of viruses or other harmful components. Neither we nor
any of our respective licensors or suppliers warrant or
make any representations regarding the use or the
results of the use of the services, products,
information or materials in this site in terms of their
correctness, accuracy, reliability, or otherwise. You
(and not we or any of our respective licensors or
suppliers) assume the entire cost of all necessary
servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to
you. We do not endorse, warrant or guarantee any
speakers, products or services offered on the Sites or
those we link to. We are not a party to, and do not
monitor, any transaction between users and third party
providers of products or services.
Limitation
of Liability
Under
no circumstances, including but not limited to
negligence, will we or any of our licensors or
suppliers be liable for any special or consequential
damages that result from the use of, or the inability
to use, the materials or information on the Sites, or
any products or services provided pursuant to the
Sites, even if advised of the possibility of such
damages. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential
damages (including but not limited to lost data), so
the above limitation or exclusion may not apply to you.
In no event shall the total liability to you by us or
any of our licensors or suppliers for all damages,
losses, and causes of action (whether in contract,
tort, or otherwise) exceed the amount paid by you to
us, if any, for accessing the Sites.
Under
no circumstances will we be held responsible or liable,
directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in
connection with your use of any advice, goods or
services you receive from a guest speaker on our Sites
or at one of our events.
We
are also not responsible or liable for any loss or
damage that is caused or alleged to have been caused to
our guest speakers in connection with the display of
their photo, name, or biography posted on our Sites or
in our marketing materials.
No
Professional Advice
The
information contained in or made available through the
Sites (including but not limited to information
contained on message boards, in text files, or in
chats) cannot replace or substitute for the services of
trained professionals in any field, including, but not
limited to, financial, medical, psychological, or legal
matters. In particular, you should regularly consult a
doctor in all matters relating to physical or mental
health, particularly concerning any symptoms that may
require diagnosis or medical attention. We and our
licensors or suppliers make no representations or
warranties concerning any treatment, action, or
application of medication or preparation by any person
following the information offered or provided within or
through the Sites. Neither we nor our partners, or any
of their affiliates, will be liable for any direct,
indirect, consequential, special, exemplary or other
damages that may result, including but not limited to
economic loss, injury, illness or death. You alone are
responsible and accountable for your decisions, actions
and results in life, and by your use of the Sites, you
agree not to attempt to hold us liable for any such
decisions, actions or results, at any time, under any
circumstance.
Earnings
Disclaimer
When
addressing financial matters in any of our Sites,
videos, newsletters or other content, we've taken every
effort to ensure we accurately represent this event and
it's potential to help you grow your business. However,
there is no guarantee that you will earn any money
using such techniques, and we do not purport any "get
rich schemes." Nothing on our Sites is a promise or
guarantee of earnings. Your level of success in
attaining similar results is dependent upon a number of
factors including your skill, knowledge, ability,
dedication, business savvy, and financial situation.
Because these factors differ according to individuals,
we cannot guarantee your success, income level, or
ability to earn revenue. You alone are responsible for
your actions and results in life and business. Any
forward-looking statements outlined on our Sites are
simply our expectations or forecasts for future
potential, and thus are not guarantees or promises for
actual performance. These statements are simply our
opinion. No guarantees are made that you will achieve
any results from our ideas or models presented on our
Sites, and we offer no professional legal or financial
advice.
Parental
Permission
The
Sites are not directed to children under the age of 13
and we will not knowingly collect personally
identifiable information from children under 13. We
strongly recommend that parents participate in their
children's exploration of the internet and any online
services and use their browser's parental controls to
limit the areas of the internet to which their children
have access. We may, at our discretion, require users
under 18 to obtain the consent of a parent or guardian
to view certain content, and we may limit access to
certain content to users above a specified age. You
agree to abide by any such restrictions, and not to
help anyone avoid these
restrictions.
Mature
Content
On
our Sites we will occasionally discuss mature topics
relating to personal and professional growth. Users who
are uncomfortable with such topics or language should
not use our Sites.
Confidentiality
and Non-Compete
Users
of our Sites hereby understand that the tools,
processes, strategies, materials and information
presented on our Sites are copyrighted and proprietary,
so users agrees not to record, duplicate, distribute,
teach or train from our information in any manner
whatsoever without our express written permission. Any
unauthorized use or distribution of our Sites
proprietary concepts, materials, and intellectual
property by you or your representatives is prohibited
and Promoter will pursue legal action and full damages
if these terms are violated in order to protect its
rights.
PRIVACY
POLICY
We
are committed to protecting your privacy and security
and have explained in detail the steps we take to do
so. We control this site from offices in the United
States of America. We do not represent that materials
on the site are appropriate or available for use in
other locations. Persons who choose to access this site
from other locations do so on their own initiative, and
are responsible for compliance with local laws, if and
to the extent local laws are applicable.
Outside
Sites (Their Privacy Policies May Be Different)
The
Site contains links to other websites, like our
sponsor’s websites or links to booksellers, that may
offer products or services that our customers might
find useful. These sites may request information from
you. In such instances, the collection and use of your
personal information will be governed by the privacy
policy applicable to that site. We do not control the
privacy policies, contents or links that appear on
these sites. We encourage you to review the privacy
policies of any third party sites or services before
providing any of them with your personal
information.
How
and why we collect information
We
collect your information in order to record and support
your participation in the activities you select. If you
register for a seminar, for example, the information is
used to reserve your seat, to track your preferences,
and to keep you informed about the seminar and related
events. As a visitor to our Sites, you can engage in
many activities without providing any personal
information. In connection with other activities, such
as utilizing registering for a seminar or participating
in a sweepstakes, we may ask you to provide certain
information about yourself by filling out and
submitting an online form. It is completely optional
for you to engage in these activities. If you elect to
engage in these activities, however, we may ask that
you provide us personal information, such as your first
and last name, mailing address (including ZIP code),
e-mail address, , telephone, credit card, and other
personal information. If you do not provide the
mandatory data with respect to a particular activity,
you will not be able to engage in that activity. In all
cases, we will collect personal identification
information from you only if you voluntarily submit
such information to us. We will also tell you how we
use your information or if we share it with another
party. Except as otherwise provided in this policy, we
will never intentionally disclose any personal
identification information about you as an individual
user to any third party without having received your
permission. If you supply us with your contact
information you may receive periodic e-mails, mailings
or calls from us with information on new products and
services, important issues, or upcoming events. If you
wish to be removed from any postal, email, phone, or
other lists, please let us know by emailing us at
info@mindtamers.com. You can also write us or call us
at the contact information above. Please provide us
with your exact name, email address, mailing address,
and phone. We will be sure your name is removed from
the appropriate lists immediately. When you use our
Sites, we or our authorized technology services
provider may also collect certain technical and routing
information from you to facilitate your use of the Site
and its services. We use this information to administer
the Site and to understand and measure traffic patterns
on the Site so that we know which areas of our sites
are favorites of our users, which areas need
improvement, and what technologies are being used so
that we may continually improve our sites. This
information is collected in aggregate form, without
identifying you or any user individually. We may use
this aggregate, non-identifying statistical data for
statistical analysis, marketing, or similar promotional
purposes. This data is often tracked by us our our
technology services provider by using "cookies" during
your visit. A cookie is small amount of data that is
transferred to your browser by a web server and can
only be read by the server that gave it to you. It
functions as your identification card and enables us to
record your passwords, purchases, and preferences. It
cannot be executed as code or deliver viruses. Most
browsers are initially set to accept cookies. You can
set your browser to notify you when you receive a
cookie, giving you the chance to decide whether or not
to accept it. (For some web pages that require an
authorization, cookies are not optional. Users choosing
not to accept cookies will probably not be able to
access those pages.
Exceptions
to Privacy Policy
While
we are committed to keeping your information secure and
private, we have the following exceptions to our
privacy policy: We will release specific information
about you or your account to comply with any valid
legal inquiry or process such as a search warrant,
subpoena, statute or court order. We will also release
specific information in special cases, such as if there
is an attempted breach of the security of the Sites, or
a physical or property threat to you or others. We may
also transfer user information, including personally
identifiable information, in connection with a
corporate merger, consolidation, the sale of related
assets or corporate division or other fundamental
corporate change. Further, the information you enter
when making a purchase or an online donation will be
shared with payment processors, financial gateways, and
your credit card company to authorize credit card
payments. Such information may also be shared with
necessary third parties solely for the purpose or
carrying out the transactions. Please note that if you
give out personal information online through a
discussion board or posting site, that information can
be collected and used by third parties. Although we
strive to protect our users' privacy, we cannot
guarantee the security of information you post in these
forums. You disclose such information at your own
risk.
Miscellaneous
These
terms will be governed by and construed in accordance
with the laws of the State of Texas, without regard to
any principles of conflicts of law. You agree that any
action at law or in equity that arises out of or
relates to these terms will be subject to mediation in
the State of Texas. If any of these terms of use are
found unlawful, void, or for any reason unenforceable,
then that provision will be considered severable from
the remaining terms of use, and will not affect the
validity and enforceability of the remaining
provisions. These terms may be modified only by our
posting of changes to these terms of use on our
Sites.