About Contact

TERMS AND CONDITIONS

Last Revised: October 10, 2023

 

ACCEPTANCE OF TERMS AND CONDITIONS

These Terms & Conditions (“Terms”) are an agreement between you (“you,” “your,” or “user”) and Naeevah LLC, a limited liability company governed by the laws of the State of Indiana, USA (“Company” ”we," “our,” or “us”). The Company owns the website www.mindstrategytactics.com   (“Website”) and the online trading course “Mind Over Matter” (“Course”).

You must read, agree to, and accept all of the terms and conditions contained in these Terms and any policies incorporated herein by reference in order to use the Website or the Course. If you do not accept these Terms and any policies incorporated herein by reference in their entirety, you may not use the Website or purchase the Course.

To the extent permitted by applicable law, we may, at any time, amend

  • these Terms,
  • any features or functionality of the Website, or
  • any parts of the Course

by posting a message on the Website and/or by sending you an email. Your continued use of the Course or Website after the revision date constitutes your acceptance of and agreement to any such changes.

 

WHO CAN REGISTER FOR THE COURSE AND HOW TO PURCHASE IT

Our trading Course was designed for non-institutional or retail traders. You may purchase the Course on the Website if you reached the age of majority in the country or state where you reside. Normally, the age of majority is set at 18 or 19. If you have not reached the age of majority in your place of residence, you may not register for the Course. 

In order to pay for the Course (one-time payment), you may use one of the following forms of payment:

  • credit or debit card
  • PayPal
  • Google Pay
  • Apple Pay, if applicable.

 

 REFUND POLICY

We do not offer any refunds. One exception is: you may request a refund if you do so before the end of our pre-launch sale. Our Website will display a timer as to when the pre-launch sale will end. Once our Course is launched, there will be no refunds issued.

 

YOUR ACCOUNT

 Logging in to your Account. When you purchase the Course, you will be prompted to create a password. Once you create a password, you will be able to log in to your account (“Account”) using the email you used for making the purchase and the password you created.

You represent and warrant that: (a) all required registration and payment information you will submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Course will not violate any applicable laws, and (d) you have reached the age of majority in your place of residence and have the legal capacity to enter into these Terms.

Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.

Suspension of Your Account. We may suspend your Account including if we suspect that you have engaged in fraudulent activity in connection with the use of the Course or otherwise violated our Terms.

 

LICENSE TO USE COURSE CONTENT

Course Content. The Course consists of training videos, learning aids and other educational materials on how to improve the chances of being consistent in trading stocks, options, futures, and other assets in publicly regulated market places in spite of emotions and psychology (together, “Course Content”).

Paid License. When you purchase the Course, the Company grants you a worldwide, revocable, non-transferable and non-exclusive license of the right to use and print a copy of any portion of the Course Content for your personal, non-commercial use only.

Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit Course Content or your Account; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of any part of Course Content; (c) you shall not access Course Content in order to build a similar or competitive course; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; (f) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference; and (g) you shall follow our Code of Conduct (see below) whenever you communicate with another user of the Course. 

Moreover, you agree not to use the Website to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website or Kajabi’s platform or servers or networks connected to the Website or Kajabi’s platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Website or Kajabi platform.

Modification and Discontinuance. We reserve the right at any time to modify any part of the Course (or any part or content thereof) without notice to you.

We reserve the right to discontinue the provision of the Course. Should we decide to discontinue provision of the Course, we will provide you with notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Course provision.

Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Website and Course Content. Course Content is licensed to you; this means that Course Content is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to Course Content.

Our name, logo, and other names associated with the Website and Course Content belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.

 

YOUR CONTRIBUTIONS

Course organizers may invite you to chat, contribute to, or participate in blogs, message boards, and online forums via Kajabi platform and the Website; Kajabi and the Website may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials including, but not limited to, text, writings, video, audio, photographs, graphics, comments, or personal information or other material (collectively, “Your Contributions”). Your Contributions may be viewable by other users of the Course or Website. As such, any of Your Contributions must be treated as non-confidential and non-proprietary. When you create and submit any of Your Contributions, you thereby represent and warrant that:

  • The creation distribution, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including, but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party or other users of the Course.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and other users of the Course to use Your Contributions in any manner contemplated by these Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid scheme, chain letter, spam, mass mailing, or another form of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not include ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party or any user of the Course.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise indented to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Course or Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your right to access the Course or Website.

 

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or Course page, please contact us immediately. We will suspend the accounts of repeat infringers.

 

CONTRIBUTIONS LICENSE

By submitting Your Contributions via the Course on Kajabi’s platform or via the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferrable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute Your Contributions, for any purpose (commercial, advertising, or otherwise), and to prepare derivative works of, or incorporate into other works, Your Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

The license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name and any images your provide. You waive all moral rights in Your Contributions, and you warrant that moral rights have not otherwise been asserted in Your Contributions.

We do not assert any ownership over Your Contributions. You retain full ownership of Your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in Your Contributions. You are solely responsible for Your Contributions and you expressly agree to exonerate us from any and all responsibility and to reframe from any legal action against us regarding Your Contributions.

We have the right, in our sole discretion to delete any of Your Contributions at any time and for any reason, without notice should Your Contributions violate these Terms.

YOUR FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Website or Course provided by you to us (collectively, “Feedback”) are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any of your Feedback, and you hereby warrant that your Feedback is original and that you have the right to submit it. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

CODE OF CONDUCT

Please follow this Code of Conduct whenever you want to post a Comment or interact with another user through Kajabi’s platform. If you violate this Code of Conduct we reserve the right to report your Account.

No Fraud and No Illegal Activity: You are not allowed to use our Course to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation.

No Bad Code: Do not use the Course’s comment feature or Kajabi’s platform to transmit, distribute, or send viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

No Spamming: You may not use the Course to engage in any activities that will result in sending spam to any other user of the Course.

Be Respectful: Please act respectfully whenever you are interacting with other users of the Course.

No Exploitation: You may not use the Course to try to gather personal information on any other user of the Course.

No Impersonation of the Company or its Employees: You may not impersonate the Company or any of its employees when interacting with other users of the Course.

No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.

 

PRIVACY POLICY

Your submission of personal information through the Website is governed by our Privacy Policy. 

Your submission of personal information through Kajabi’s platform is governed by Kajabi’s Privacy Policy, which can be found at https://kajabi.com/policies/privacy and our Privacy Policy.

DISCLAIMERS

Please review our Disclaimers, which are incorporated herein by reference.

THIRD-PARTY LINKS

The Website and Kajabi’s platform may contain ads and links to third-party websites, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, application, software, and other content belonging to or originating from third parties (“Third-Party Links”). Such Third-Party Links are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Links. If you decide to leave the Website or a Course page, you do so at your own risk, and you should be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy policies and data gathering practices, of any website to which you navigate.

LIMITED LIABILITY

In no case shall the Company or its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or Course Content, or for any other claim related in any way to your use of the Website or Course Content, including, but not limited to, any errors or omissions, even if we have been advised of the possibility of such errors and omissions. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, subcontractors, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third party.

TERMINATION OF AGREEMENT

These Terms shall come into effect on the day you register for an Account and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Course.

If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due; and/or accordingly may deny you access to the Course Content.

DISPUTE RESOLUTION

Governing Law: These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of the State of Indiana, USA, without giving effect to the conflict of law principles thereof.

Dispute Resolution & Arbitration: In case of a dispute between the parties relating to or arising out of these Terms, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be administered by the American Arbitration Association. Each party shall pay its own costs and fees.  

No Class Actions: You and the Company agree that each may bring a claim against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claim, and may not otherwise preside over any form of a representative or class proceeding.

 

GENERAL PROVISIONS

Entire Agreement. These Terms and our policies constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters.

Modifications. No modification or amendment to these Terms shall be binding upon Company unless in a written instrument signed/executed by a duly authorized representative of Company.

No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website or Course Content. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Website or (c) by you via email to [email protected] or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

CONTACT US

Questions about the Terms should be sent to [email protected] or our Contact Us Form found at https://www.mindstrategytactics.com/mind-over-matter-contact.

 

Â