Terms of Service
This Terms of Service agreement (the “Agreement” or “Terms”) apply to the access and use of the websites, applications and other products and services under Mastermind Sports Performance Training, the cloud-hosted platform for cognitive training (collectively, our “Services”), which are provided by Mastermind Sports Performance Training, (“COMPANY,” “us” or “we”), an Illinois-based limited liability company, for you (“customer”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to this Agreement.
A Joint Commitment:
We want to ensure our customers receive the maximum benefit from participation in the Mastermind Sports Performance Training program. The Mastermind Sports Performance Training program is most successful when the customer is consistently following the recommended minimum usage of the training program.
Age Requirement:
We require account holders to be 18 years of age or older and all users to be 13 years of age or older. If we determine that a child under 18 created a primary account, we will immediately suspend access to the account and delete any personal information associated with the child.
Consistency and Completion:
The Mastermind Sports Performance Training program is designed to provide customers and/or those associated with their account games and activities that are designed to help improve cognitive skills. A positive outcome to the program is dependent on customer’s commitment to the Company’s recommendations, and is most successful when it is completed following the recommended minimum usage, which is completing the training program at least three (3) times per week with each session completed in its entirety (using both virtual reality and tablet platforms). It may be significantly less effective if the games and activities are not completed regularly and consistently, or portions are skipped. The duration of each program session takes approximately 35 minutes to complete.
License:
Payment of the membership fee grants customers the right to access the Administrative Portal, view the materials, and use the portal to add additional users under their account for an additional cost (should you choose). The program subscription payment grants customers and/or additional users under their account the right to access the training program on both the Oculus application as well as a tablet application (using either an Android or Apple device). The customer and/or additional users on their account will continue to have access to the training program as long as payment conditions are met (as set under “Program Fees and Refunds”). The materials and services available to the customer through the administrative portal and through the Oculus and tablet applications are proprietary to Mastermind Sports. Customers are permitted to use them during the license term for their own personal use and/or for any individual enrolled under their account. Customers are not permitted to use them for any commercial or business purpose or to use them for individuals not identified on their account. Customers are permitted to print out documents from the administrative portal for personal use, but they are not permitted to make copies of our proprietary materials or republish our materials anywhere (including social media), or otherwise share or use them for any purpose other than their use of these materials for a user listed on their account. Enrollment in this program provides a customer one (1) user license for the administrative program, and this license is non-transferable. Login credentials are private and are not to be shared with non-enrolled users. Any violation of this license is grounds for the Company to terminate a customer’s subscription access as well as access to the administrative portal, in addition to any other legal actions deemed necessary and appropriate.
Program Fees and Refunds
Membership Fee:
When a customer signs up for our services, the customer agrees to a one-time payment for the membership fee. When the customer completes their enrollment, the customer expressly acknowledges and agrees that Mastermind Sports Performance Training or our third-party payment processor is authorized to charge the customer the one-time membership fee.
Subscriptions:
When the customer signs up for our services, the customer agrees to a recurring subscription contract for each individual user associated with their account with Mastermind Sports Performance Training on a monthly basis (the “Subscription Term”). When the customer registers for a subscription, the customer expressly acknowledges and agrees that (A) Mastermind Sports Performance Training or our third party payment processor is authorized to charge the customer on a monthly basis (in addition to any applicable taxes and other charges) for as long as the customer’s subscription continues, and (B) the customer’s subscription is continuous until the customer cancels it or we suspend or stop providing access to the services in accordance with these terms.
Cancellation Policy for Mastermind Sports:
The customer may cancel their subscription at any time by contacting us at support@mastermindsports.com. Such cancellation notice must be sent by the designated account owner. Inactivity does not constitute automatic cancellation, so unless the customer cancels the subscription term in accordance with this section, the customer shall continue to be charged for subscription to the services. All cancellation requests will take effect at the end of the then-current subscription period in which the cancellation request is made, as long as the request is made at least five (5) days in advance of the end of the current month. If the request is made inside of five (5) days of the end of the current month, the cancellation will occur at the end of the following month. The customer will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date. In the event of cancellation of the subscription term, the access to Mastermind Sports Performance Training to authorized users shall also terminate.
In the event of cancellation of the subscription term, please note that we may still send you promotional communications about Mastermind Sports Performance Training and the company’s products, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Payment and Billing Information:
By providing a credit card or other payment method that we accept, the customer represents and warrants that Mastermind Sports Performance Training is authorized to use the designated payment method. In addition, the customer authorizes Mastermind Sports Performance Training (or our third-party payment processor) to charge the designated payment method for the total amount of customer’s subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, the customer’s account may be suspended until the payment is processed. The customer must resolve any problem the company encounters in order to proceed. The customer acknowledges that the amount billed may vary due to promotional offers, changes to their subscription or changes in applicable taxes or other charges, and the customer authorizes the company (or our third-party payment processor) to charge the provided payment method for the corresponding amount.
Assumption, Release, and Indemnity:
Some of the Mastermind Sports Performance Training program involve or may involve physical activity, which is referred together herein as the “activities”. The activities are or may be vigorous and consequently involve inherent risks of injury. Customers understand the demands of the activities relative to the user’s physical condition and skill level. The customer represents that all users listed on their account do not have any physical or health problems that would preclude the user from participating in the Activities. Although the program was developed with safety in mind, it is impossible to eliminate all risk and possibility of injury. The customer understands that some of the inherent risks and potential injuries include but are not limited to slipping, falling, tripping, bruises, muscle strain, sprains, rug or exercise mat burns; collisions with other people or objects; broken bones; cuts; overexertion; concussions; eye injuries; paralysis; brain injury; equipment failure; error of judgment by all staff members or third-parties; and physical, emotional, or other types of injury to a user. The customer understands and voluntarily assumes all inherent risks, potential injuries, and infection from any virus or disease and agrees that no amount of care, caution, instruction or expertise can eliminate all inherent risks and potential injuries. To the fullest extent permitted by law, the customer on behalf of the customer, additional users associated with their account, their heirs, executors and representatives voluntarily assume all inherent risks and potential injuries associated with the activities and the program; hold harmless, agree not to sue, agree to indemnify, waive and release Mastermind Sports Performance Training, its owners, officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, parent companies, subsidiaries, franchisors, equipment providers, insurers, landlords, and their affiliates (collectively, the “Protected Parties”) from and against all liabilities, losses including loss of consortium, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney’s fees) relating to, resulting from, or arising out of, or alleged to have arisen out of (in whole or in part) any injury, damage, or loss (a) that occurs in connection with the customer’s and user’s participation in the Mastermind Sports Performance Training program, (b) that occurs in or about the center or where any of the activities are taking place or in transportation to or from the center, or (c) that results from the ordinary negligence of any of the protected parties to the maximum extent allowed by the law, the foregoing releases shall apply even if an injury is caused and/or such claim or demand is based, in whole or in part, upon the legal theory of strict liability.
Dispute Resolution:
The customer agrees that any dispute or claim arising out of or relating to this Agreement, the program, or the Activities, including any personal injury, shall be brought by a party individually and not as a plaintiff or class member in any purported class or representative capacity and shall be determined by binding arbitration before a single arbitrator administered by the American Arbitration Association. No award shall exceed the amount of the claim and the arbitrator shall have no authority to award punitive or exemplary damages. If a party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph. To the maximum extent permitted by law, the customer and all associated users, their heirs, executors and representatives, knowingly and voluntarily, with full awareness of the legal consequences, after consulting with legal counsel (or after having waived the opportunity to consult with counsel) waives the right to a bench trial or jury trial of any and all disputes and agrees to resolve any and all disputes through arbitration.
Additional Terms:
Users who create an account or use the Services agree to the terms of the Mastermind Sports Performance Training privacy policy, available here. Mastermind Sports Performance Training reserves the right and shall be free to revise its program from time to time in its reasonable discretion and business judgment. The terms of this Agreement shall apply to the customer’s initial term and all subsequent enrollments and participation in the program. This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, representatives, and successors. Electronic copies of the Agreement hereon shall have the same legal status as originals. Customers have been and are hereby urged to consult with attorneys and advisors concerning the advisability of entering into this Agreement if you feel necessary. If any portion of this Agreement is ever declared to be invalid or unenforceable, such portion shall be deemed severed from this Agreement, however, the remaining parts of the Agreement, including the remaining parts of the paragraph containing the unenforceable portion, shall remain in full force to the fullest extent possible. Customers agree that there are no oral agreements, representations, premises, or warranties other than any expressly set forth herein and that customers are not relying on any statements or representations that are not expressly contained herein. This Agreement constitutes the entire and exclusive understanding and agreement between the parties and supersedes any previous negotiations, agreements, or representations. This Agreement shall be construed fairly and equally as to all parties and the parties hereby irrevocably waive the benefit of any rule of contract construction which disfavors the drafter of an agreement. This Agreement may only be amended in a writing signed by all parties. Where customers are the parent or legal guardian of a child under the age of 18, customers represent and warrant to the Protected Parties that customers have the legal capacity and actual authority to act for and on behalf of the child and any other parent or guardian of the child and to execute this Agreement on their behalf, including but not limited to, the arbitration clause, waiver and release of claims and indemnity, and customers agree to indemnify and defend the Protected Parties from and against all claims or liabilities resulting from or relating to any insufficiency of the parent or legal guardian’s legal capacity or authority to act for or on behalf of the student.