Terms and Conditions

Welcome to https://www.brittandreatta.com/. These Terms of Use apply to all users who access or in any way use Company's Services (as defined below).

By accessing or otherwise using the Services you agree to be bound by these Terms of Use, as the same may be updated from time to time. You understand and agree that any new features, enhancements, or modifications to the Services shall be subject to the Terms of Use in effect at the time of implementation. You should visit this page periodically to review any updates to these Terms of Use. Some Services require the user to enter into a License Agreement, the terms of which apply in addition to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THE SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS OF USE.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.

Definitions

"Content" means all software code, text, displays, images, illustrations, charts, tables, blog posts, comments, documents, photographs, videos, audio, materials, and all other forms of data or communication.

"Company" means 7th Mind, Inc., a California corporation, and/or its affiliates.

"Services" means the Company's Website, Content, and all other services offered by the Company on or through the Website, including without limitation all articles, newsletters, blogs, podcasts, videos, workbooks, worksheets, materials, products, interactive communication platforms such as discussion boards, and self-paced online training courses offered by Company, whether such courses or other Services are offered directly on Company's Website or through a third party platform such as Thought Industries.

"Website" means https://www.brittandreatta.com/, all subdomains and pages associated therewith, and all Content, features and functionality of any of the foregoing.

Access To and Use of the Services

Permission Generally. In order to access or use the Services, you must be 18 years old (or the legal age to form a binding contract in your jurisdiction) and otherwise capable of entering into a binding contract. The Company grants you permission to access and use the Services subject to your compliance with these Terms of Use and all applicable laws, rules and regulations, including without limitation intellectual property and privacy laws. Permission to access and use the Services is for your personal non-commercial use only, and not for the benefit of any other person or entity, except as expressly stated in the terms of a License Agreement between you and the Company. No right, title or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by the Company. The Company reserves the right to modify, update, or discontinue all or any portion of the Services, and to delete or disable access to any Content posted by you, in the Company's sole discretion, at any time, for any or no reason, with or without notice, and without liability to any user.

Responsibility. Your access to and use of the Services is at your own risk, and you accept sole responsibility for your actions in connection with your access to and use of the Services.

Restrictions. You agree not to access or use, and will not assist, encourage or enable others to access or use, the Services:

to violate the Terms of Use;

to violate the Company's, or any third party's, rights, including without limitation breaching or infringing any confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
for any unauthorized or illegal purpose (you are responsible for ensuring that you do not violate any laws in your jurisdiction);

to upload, post, email, transmit, or otherwise make available any Content that violates the Terms of Use, promotes discrimination or bigotry, threatens or harasses others, or is offensive, indecent, defamatory, false, inaccurate, misleading, or otherwise inappropriate;

to upload, post, email, transmit, or otherwise make available viruses, worms, malware, Trojan horses, or any other code that will damage or impair the Services;
to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

to spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;

to damage, impair, disrupt, or otherwise interfere with the Services, including without limitation any security features relating thereto;

to access or use the Services to create competitive services or reverse engineer the Services.

The Company reserves the right to investigate any of your activity involving the access to or use of the Services.

Intellectual Property

Ownership. The Services, as well as future updates of, additions to, and modifications of all or any part of the Services, and all intellectual property and proprietary rights of any kind inherent therein, associated therewith, arising therefrom, and relating thereto (including without limitation copyrights, trademarks, service marks, trade dress, trade names, trade secrets, patentable matter, and other proprietary or confidential data or information, whether or not registered with any government authority) are owned by the Company, its licensors, or other providers of such material, and are protected to the fullest extent permitted by United States and international intellectual property or proprietary rights laws.

Restrictions. You shall not reproduce, distribute, modify, create derivative works based upon, publicly display, publicly perform, republish, download, store, or transmit all or any part of the Services, except as follows: (i) you may store files that are automatically cached by your web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use; (iii) if we provide social media features at any time, you may take such actions as are enabled by such features; or (iv) you may take any of the aforementioned prohibited actions with the prior written permission of the Company expressly stated in the terms of a License Agreement to which you are a party. Without the prior written permission of the Company, you shall not: (i) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (ii) delete, alter, remove, or obscure any trademark, service mark, copyright, or other proprietary notations or notices from authorized copies of materials obtained from the Website; or (iii) access or use for any commercial purposes any part of the Services except with the written permission of the Company expressly stated in the terms of a License Agreement to which you are a party.

Marks. The Company name, logo, and all related trade names, logos, product and service names, designs, trade dress, and slogans, are trademarks or service marks of the Company. You may not use such marks without the prior written permission of the Company and then only in accordance with Branding Guidelines provided by the Company. CHANGE QUEST, FOUR GATES TO PEAK TEAM PERFORMANCE, GROWTH CULTURE, and SURVIVE. BELONG. BECOME. are registered service marks of the Company. Service marks of the Company also include, without limitation, BRAIN AWARE and the BRITT ANDREATTA TRAINING SOLUTIONS logo. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Your Account and Profile

4.1Set up. In order to access or use some of the Services, you must set up an account and provide certain information about yourself. The Company will only use the information you provide to supply the Services in accordance with its privacy policy (below). We do not intend to collect unnecessary data or to collect data for any other purpose than providing you an outstanding service that you are happy with. You acknowledge and agree that any information supplied to the Company, including without limitation payment information, may be used by the Company to supply the Services.

4.2 Security and Use. You are solely responsible for the security of your account and must protect your password. You are solely responsible for all activities that occur under your account, including without limitation anything uploaded, posted, emailed, transmitted, or otherwise made available through your account. You assume all risks associated with such activities, including without limitation any reliance by others on its accuracy, completeness, or usefulness and any disclosure of information that personally identifies you or any other person. You agree not to permit anyone else to access or use your account.

4.3Termination. You agree that the Company may terminate your access to the Services, or restrict or suspend your access to all or any part of the Services, at any time, for any or no reason, with or without prior notice, and without liability.Upon termination, all rights granted to you in these Terms of Use automatically will cease. If you continue to access or use Services that do not require an account, these Terms of Use will continue to govern such use.

No Confidentiality or Other Obligations. If you upload, post, email, transmit, disclose, offer, or otherwise make available to us any idea, suggestion, Content or other submission (“Submission”) on or through the Website (whether or not in response to a solicitation made on or through the Website), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that the Company has no obligation to you of any kind in connection therewith. Company shall own any such Submission and may, but is not obligated to, develop and use it in any manner, without restriction or duty to compensate you, and without notice to or separate permission from you. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Furthermore, you represent that you are free to disclose such Submission, and that no other party has any trade secret or any other rights in the Submission.

Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOFINCLUDING, WITHOUT LIMITATION: (I) ANY WARRANTY THAT THE SERVICES ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (II) ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; (III) ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE SERVICES ARE PROVIDED TO YOU "AS IS," THAT IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THE COMPANY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM ANY (I) USE OF, OR INABILITY TO USE, THE SERVICES, (II) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF ANY CONTENT ON THE WEBSITE, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR THE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR LIABILITIES TO THIRD PARTIES, WHETHER ARISING FROM THE USE OF THE SERVICES BY YOU OR OTHERWISE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY’S CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES IS AT YOUR OWN RISK. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Indemnity. You agree to defend, indemnify and hold harmless the Company, and its officers, directors, shareholders, employees, agents, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and/or the Services; (ii) your violation of any provision of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content infringes or misappropriates any intellectual property or proprietary right of a third party, or causes damage to a third party. The foregoing defense and indemnification obligation will survive these Terms of Use and your access to and use of the Services.

Force Majeure. The Company shall not be liable, under any circumstances, for any delay, disruption or failure of the Services directly or indirectly resulting from events beyond the control of the Company.

Privacy Policy. You represent that you have read and understand the Company's privacy policy, which is incorporated herein by this reference.

Copyright and Trademark Infringement. If you believe that your copyright or trademark is being infringed on the Website, please send a written notice to the designated agent identified below with the following information:

Identification of the copyrighted work or trademark that you claim has been infringed;
Identification of the allegedly infringing content, and information reasonably sufficient to permit the Company to locate it on the Website (e.g., the URL for the web page on which the content appears);
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the owner's behalf; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Once a proper infringement notice is received by the designated agent, it is the Company’s policy:

to remove or disable access to the infringing content; and
to notify the content provider that infringing content has been removed or that access to the infringing content has been disabled.

If you believe that your content should not have been removed or have had access to it disabled, either because it is not infringing or because you have obtained the right or permission to post or use it, you may send us a written counter-notice with the following information:

Identification of the copyrighted work or trademark that was removed, and the location on the Website where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content or trademark was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademark;
A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) the judicial district in which the Company is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to the Company, or an agent of such person;
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate an account if the user is determined to be a repeat infringer. Please send your copyright or trademark notices to the Company’s designated agent for such notices:

7th Mind, Inc.
5266 Hollister Avenue, Suite 320
Santa Barbara, CA 93111

Equitable Relief. You acknowledge and agree that a breach of threatened breach by you of any provision of these Terms of Use may give rise to irreparable harm to the Company for which monetary damages alone may not be an adequate remedy, and that the amount of such damages may be difficult to ascertain. Accordingly, you agree that the Company shall have the right, in addition to any and all rights and remedies that may be available at law, to have any breach or threatened breach of this Agreement remedied by equitable relief (e.g., temporary restraining order, preliminary injunction, permanent injunction, or specific performance) without any requirement that the Company (a) post any bond or surety or (b) prove actual damages or that monetary damages will not afford an adequate remedy, and that the Company shall have the right to such other alternative relief as may be appropriate.

Dispute Resolution; Jurisdiction; Venue. Any claim, controversy, or dispute arising from or relating to these Terms of Use shall first be submitted to voluntary mediation with a mutually agreeable mediator, with costs and fees charged for mediation to be borne equally by the parties. If you and the Company do not settle any such claim, controversy, or dispute within a period of sixty (60) days, then it shall be resolved by arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association. Venue for such arbitration shall be Santa Barbara, Santa Barbara County, California. The award of the arbitrator shall be binding upon you and the Company. If either party desires to confirm and enforce the arbitration award, all such proceedings shall occur in the Superior Court of the State of California for the County of Santa Barbara, and the parties expressly consent to jurisdiction and venue therein. The prevailing party shall be entitled to all arbitration and court costs and reasonable attorneys’ fees incurred in connection with the arbitration and any confirmation and enforcement efforts. Notwithstanding anything to the contrary in this Section, a court action may be filed in the Superior Court of the State of California for the County of Santa Barbara to enable a party to seek a temporary restraining order, preliminary injunction, or other provisional remedy, and doing so will not constitute a waiver or breach of the mediation or arbitration requirements herein.

Governing Law. These Terms of Use shall be governed by and construed in accordance with the applicable laws of the United States and the laws of the State of California, without regard to conflicts of law provisions.

Waiver. If the Company fails to insist upon strict performance of your obligations under any of these Terms of Use, or if the Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any term or provision of these Terms of Use will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability. If any term or provision of these Terms of Use is determined by an arbitrator (or if applicable, by a court of competent jurisdiction) to be invalid, illegal, or unenforceable, such term or provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use will remain in full force and effect.

Survival. You agree that your obligations under these Terms of Use shall survive and continue beyond termination of these Terms of Use. Your obligations under these Terms of Use shall be binding on your representatives, agents, heirs, and successors and shall inure to the benefit of the Company and its successors and assigns.

Entire Agreement. These Terms of Use constitute the entire understanding and agreement between you and the Company concerning the subject matter hereof and supersede any prior agreement concerning that subject matter; provided, however, that if you use Services that require a License Agreement then the terms of the License Agreement also apply and in the event of any inconsistency between these Terms of Use and any License Agreement the terms in the License Agreement shall control. No promises, representations, or understandings by or between you and the Company, whether oral or written, concerning the subject matter hereof are hereafter binding except as set forth in these Term of Use (and if applicable the License Agreement).

Amendments. The Company reserves the right, in its sole discretion, to change these Terms of Use at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms of use.

Contact Information. If you have any questions or would like additional information about these Terms of Use, please contact by going to our contact page: https://www.brittandreatta.com/contact/