Terms of Service

Limitless Mental Performance

TERMS OF SERVICE

Effective Date: July 23, 2022

IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS IN WHICH IMMEDIATE ATTENTION IS NECESSARY, CALL 911 OR PROCEED DIRECTLY TO THE NEAREST EMERGENCY ROOM. OUR SERVICES OR THE PLATFORM ARE NOT INTENDED FOR USE BY, AND MAY NOT BE USED FOR TREATMENT OF, SOMEONE EXPERIENCING A MENTAL HEALTH CRISIS.

Limitless Mental Performance, LLC (“Limitless,” “we,” “our” or “us”) welcomes you to access and use our website at www.limitless-mp.com (the “Website”) and our online platform accessible via our Website (collectively, the “Platform”) through which sport and performance psychology sessions and other services are provided (collectively with the Platform, the “Services”).

BY ACCESSING OR USING THE WEBSITE, THE PLATFORM OR SERVICES, AND/OR BY REGISTERING AN ACCOUNT WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AS POSTED AND ACCESSIBLE THROUGH OUR WEBSITE AND TO USE THE PLATFORM AND THE SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS OR POLICIES THAT ARE REFERENCED HEREIN OR THAT OTHERWISE MAY APPLY TO SPECIFIC FEATURES OF THE SERVICES, ALL OF WHICH ARE DEEMED PART OF THESE TERMS OF SERVICE (COLLECTIVELY, THE “Agreement”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE PLATFORM OR THE SERVICES.

The Services provided through our Platform are designed to enable Clients to request, on an individual basis or on behalf of a team or other organization, consulting services from a mental performance consultant (a “Consultant”) utilizing the principles of sport and performance psychology (“Performance Services”) at the Client’s location or virtually via telephone or video-conferencing through the Website (each a “Session”) and to allow Consultants to review and respond to such requests and to provide Performance Services. Consultants utilize psychological principles of human performance to help people more consistently perform in the upper range of their capabilities and more thoroughly enjoy the performance process (Portenga, Aoyagi, & Cohen, 2017). Performance Services do not constitute the practice of psychology or psychotherapy in the State of Colorado and the Consultants are not licensed therapists. “User,” “users,” “you,” or “your” refer to all persons who access or use the the Platform and/or the Services (including Clients). “Client” or “Clients” refer to those individuals registered with Limitless through the Platform to engage Consultants to provide Performance Services.

We may change any section of this Agreement at any time and any changes to this Agreement will become effective when we make the revised Agreement available through the Platform. We will update the “Effective Date” at the top of the Terms of Service if we make any such changes. You agree to review these Terms of Service each time you use the Platform or the Services so that you are aware of any modifications made to these Terms of Service. Your continuing access or use of the Platform and/or Services following any change means that you accept the terms of the revised Terms of Service.

Although accessible by others, the Services are only intended for access and use by individuals located in the United States.

1. Privacy Policy

By accepting this Agreement, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy Policy (the “Privacy Policy”), which can be found at https://www.limitlessmentalperformance.com/privacy-policy/. Our Privacy Policy is expressly incorporated into and made a part of this Agreement by reference.

2. Eligibility

You must reside in a jurisdiction located within the United States (“U.S.”) where we provide Services and be 18 years of age or older to create and account and use the Platform and the Services.

If you are between the ages of 13 and 18, you can use the Platform or Services only under the supervision of your parent or guardian who has agreed to the terms and conditions contained in this Agreement. If you are under the age of 13, you may not use the Platform or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Platform or Services on behalf of such minor child. By using the Platform and/or Services on behalf of a minor child, you represent and warrant to us that you are the parent or legal guardian with the authority to make such decisions for the minor and the minor understands that you will have access to all information provided via the Platform and related to the Performance Services the minor receives. All references in this Agreement to “you” shall refer to such minor.

By using the Platform and our Services you represent and warrant to us that you are located in the U.S. and are at least 18 years of age or are the parent or guardian for a minor child. If you are not eligible under these terms, you may not use the Platform or Services. You must notify us immediately of any change in your eligibility.

3. Account Registration and Consent to Treatment

(a) Registration of Account. You must create an account in order to access the Services. This is a requirement for everyone whether you are planning to receive Performance Services as an individual or as a member of a team or organization.

(b) Consent to Treatment. During the registration process you will be required to electronically agree to the Consent for Treatment which is expressly incorporated and made a part of this Agreement by reference.

(c) You Must Provide Accurate Information. It is imperative that you provide accurate and truthful information about your identity, health and physical condition during the registration process and that you keep such information updated. By filling in the account information you represent and warrant to Limitless that all of the personal information you provide during this process is true and correct and that you agree to update such information in a timely manner. We reserve the right to refuse or cancel your account and your use of and access to the Platform and/or the Services if we determine that you have not provided complete and accurate information.

(d) Account Security. Except as set forth in this section, you may not transfer or share your account password with anyone, create more than one account or use anyone else's account at any time. Subject to the terms and conditions of this Agreement, you may request a Session through your account for minor children of whom you are the parent or legal guardian. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

4. Description of Services

(a) Description of Performance Services.

(i) Types of Sessions. Consultants may provide Performance Services to Clients in the following types of Sessions:

A. Individual Consulting Session – Consultant works one-on-one with Client and has been engaged by Client or parent or legal guardian, if the Client is a minor.

B. Workshops & Presentations Sessions – Consultant is engaged by coach, supervisor or other leader to provide informational session or workshop on an agreed upon topic(s) to more than one individual participant.

C. Team/Organizational Sessions – Consultant works with team, organization or group and is engaged by coach, supervisor or other leader for either a sport season, a performance cycle, or a specific performance goal. Sessions may be conducted with individuals or with the group as a whole.

(ii) Confidentiality. Sessions are not confidential under state law but, rather, private communications. Limitless treats these private communications as confidential and clients and/or parents or guardians should expect confidentiality with the exceptions outlined in the informed consent and further discussed in the Privacy Policy.

(iii) Location of Performance Services. Consultants may provide on-site Sessions at Client’s office or practice location by request in addition to the other offsite locations as agreed upon by all relevant parties. If appropriate, Consultants may provide Performance Services through telephone or video conferencing via the Platform.

(iv) Cancellation and Rescheduling. Sessions must be changed or canceled in writing at least 24 hours before the scheduled time, unless it is an emergency that is beyond control of the Client or Consultant. Client will be responsible for the Fees related to any missed Session that is not cancelled or rescheduled in accordance with this Section.

(v) Team/Group Participation. Each member of the team/group may decide his or her level of participation in the Sessions. Each member may terminate his or her participation at any time. Each member of the team/group (or his or her parent or legal guardian, if members of the team/group are minors) will be provided with information regarding the scope of the Performance Services to be provided in the Session and will acknowledge, either on their own behalf or by the parent or legal guardian on behalf of the minor, receipt of the information.

(vi) Exclusions. Performance Services are not utilized for the purpose of identifying or treating mental illness or other mental health disorders. If in the course of providing Performance Services, the Consultant becomes aware of an issue that the Consultant is not trained to handle, the Consultant will immediately inform the Client or his or her guardian (as applicable), and advise Client to seek assistance from a provider with relative subject matter expertise.

(vii) Acknowledgment of Consent.

A. Individuals - You acknowledge that you are consenting, on behalf of yourself, to a consultation Session with a Consultant for Performance Services. You have read this Agreement including, without limitation, the Description of Services, and understand the scope of the Performance Services and the limitations. You understand that the consultation is confidential; however, the Consultant might share information obtained during consultations, if the Consultant has an obligation under applicable law or as otherwise set forth in the Informed Consent or Privacy Policy.

B. Parent or Legal Guardian - You acknowledge that you have the authority to consent to the minor’s participation with the Consultant. You are engaging the Consultant and consenting to the minor’s participation in the consultation Sessions. You understand that the Consultant will share information with you or others, obtained during the Sessions, if the Consultant feels that it is in the best interest of the minor, that it is required under applicable law, that you have a need to know the information or is required under the Informed Consent or the Privacy Policy. You may speak with the Consultant to obtain information regarding the Sessions, as appropriate.

C. Coach, Supervisor or other Leader - You acknowledge that you are the leader of a team or group who has decided to engage a Consultant as a resource to the team or group members individually and/or collectively. You have read this Agreement including, without limitation, the Description of Services, and understand the scope of the Performance Services and the limitations.

(viii) Consultants. Consultants featured on our Platform are employees or independent contractors of Limitless. The Consultants have represented and warranted to us that they are in current good standing with the applicable licensing or certifying agency of their state. You acknowledge that your reliance on any Consultant for Performance Services or any information given to you by such Consultant is solely at your own risk and you assume full responsibility for all risk associated therewith, to the maximum extent allowable by law.

5. Fees and Payment Terms

(a) Fees. The fees that apply to the Session, including individual Sessions, team or group Sessions, and workshop Sessions can be found on the fee schedule on the Platform unless otherwise mutually agreed upon by the parties (“Fees”). We may change the Fees from time to time. We will give you reasonable notice of any such pricing changes by posting the new fee schedule on the Platform. It is your responsibility to remain informed about the current Fees.

(b) Billing. Limitless will automatically charge you for any Fees incurred. You agree that you will pay for all Fees you incur, and that we are authorized to charge the payment method provided by you when registering for your account (“Payment Account”), for the Fees including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. We currently accept payment by credit card, debit card, Apple Pay, and/or a check. Any change in accepted payment methods will be posted on or through the Platform.

(c) Your Responsibility and Authorization. You are responsible for the timely payment of all Fees and for providing us with valid information related to your Payment Account at all times. Your Payment Account information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect the appropriate Fees incurred under your account and for any other purchases you elect to make via the Platform.

(d) Payment Processing. We use a third-party payment processor (the “Payment Processor”) to link us to your Payment Account. The processing of payments or credits, as applicable, in connection with your account and any fees will be subject to the terms, conditions and privacy policies of the Payment Processor and your Payment Account issuer in addition to these Terms of Service. We are not responsible for any errors by the Payment Processor or your Payment Account issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a Session with a Consultant), Limitless will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

6. License Grant and Restrictions

(a) License Grant. Subject to your compliance with the terms and conditions of this Agreement, Limitless grants to you a limited, revocable, personal, non-exclusive and non-transferable right and license to access and use the Platform on a computer system or mobile device that you own or control and to access our Services using the Platform solely for your own personal use. With respect to any open source or third-party code that may be incorporated in the Platform, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code.

(b) Restrictions. By using the Platform, you agree that you will not: (i) copy, reproduce, license, sublicense, publish, distribute, transfer, assign, display or otherwise commercially exploit or provide access to the Proprietary Materials (defined below) to any third party in any way; (ii) rent, lease, lend, sell or commercially use, except as allowed herein or otherwise approved in writing by us; or (iii) rearrange, modify, create derivative works using or reverse engineering the Proprietary Materials. If you make use of the Services or the Proprietary Materials, other than as provided herein, in doing so you will be in breach of this Agreement and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Except as provided herein we do not grant any license or other authorization to any user for the use of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Platform or through the Services.

7. Intellectual Property Ownership

(a) Ownership. The Platform, including, without limitation, the content, data (with the exception of your content), metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Platform (the “Proprietary Materials”) are the sole and exclusive property of Limitless or our licensors (if any) and are protected by copyright, trademark, trade secret and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Proprietary Materials or the Services shall be owned solely and exclusively by Limitless, and/or, as applicable, our licensors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Proprietary Materials, or any intellectual property rights owned by us. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by us.

(b) Proprietary Rights Legends. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Proprietary Materials. The information on the Platform including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.

(c) Trademarks. The Limitless company name, service names and associated logos are trademarks of Limitless, and you agree not to use or display them in any manner without Limitless’ prior written permission. Nothing on the Platform and/or the Services should be construed to grant any license or right to use any Limitless trademark without the prior written consent of Limitless. Product names, logos, designs, titles and words associated with the Services and the Platform may be protected under law as trademarks, service marks or trade names of Limitless. Such trademarks, service marks and trade names may be registered in the United States and internationally.

8. User Rules of Conduct

The Services may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Platform. We may, in our sole discretion and with or without notice, terminate your account if you misuse the Platform or our Services, or if you violate this Agreement including, without limitation, the rules of conduct contained in this section. Limitless may delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Limitless specifically prohibits any use of the Services to, and you and all users agree that you will not use the Services for, any of the following:

(a) upload, post, or transmit to Limitless or any Consultant by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) impersonate any person or entity, including another user, Consultant, or an employee of Limitless, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) use the Platform or the Services for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;

(d) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

(e) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords;

(f) stalk or otherwise harass another user, any of our employees or any Consultant;

(g) access or attempt to access another user’s account in order to use the Platform and/or Services except as allowed under this Agreement;

(h) create, scrape or display our content for any purpose;

(i) post any content from the Platform to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent;

(j) use the Platform or the Services to design or build a competitive product or service or a product using similar ideas, features, functions or graphics of the Platform;

(k) access the Platform or Services through access points or a wireless data account (AP) which you are not authorized to use;

(l) post content or material that infringes on any intellectual property, trade secret, privacy or publicity right of another;

(m) cause nuisance, annoyance, disruption, or inconvenience to Limitless or any Consultant; or

(n) attempt to interfere in any way with the Platform’s or Limitless’ networks or network security, or attempting to use the Services to gain unauthorized access to any other computer system.

9. Security Rules

Violations of our system or network security may result in civil or criminal liability. Limitless will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, the following:

(a) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform or our network or host;

(b) attempt to impair, interfere with or disrupt our servers or networks;

(d) attempt to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.

10. Representation and Warranty; Indemnification

(a) Representations and Warranties. You represent and warrant to Limitless that any information or materials you post on or transmit through the Services for any purpose will not infringe on the intellectual property rights or trade secrets or violate any other rights of any third party.

(b) Indemnification. You agree to defend, indemnify and hold Limitless, its affiliates, and each of its and their respective directors, officers, managers, employees, contractors, shareholders, agents, representatives, licensors, successors and assigns harmless from any and all losses, expenses, damages, liabilities, penalties, claims, causes of action, and demands (including any court costs, collection costs, expenses and attorneys’ fees on account thereof), in any way arising from, related to or in connection with (i) your inability to use, use or misuse of the Platform or the Services, (ii) an alleged or actual violation of this Agreement by you or any other person using your account, or (iii) the posting or transmission of any materials on or through the Services by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. This indemnification section shall survive any termination or cancellation of your account or cessation of use of the Platform and/or Services.

11. Term and Termination

(a) Term. Your account will continue, unless we terminate it or you notify us by email at info@limitless-mp.com and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your account. Any termination or cancellation will be effective upon receipt unless otherwise stated in the written notice.

(b) Cancellation. If you choose to cancel your account, all you have to do is email info@limitless-mp.com.

(c) Termination. We reserve the right, at our sole discretion, to terminate your account, at any time and for any reason. Client will remain financially responsible for all Sessions conducted or not properly cancelled or rescheduled prior to notice of termination.

12. Modification or Discontinuation of Services

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

13. Geo-Location Functionality

The Services include and make use of certain functionality and services provided by third parties that allow us to include maps, geocoding, places and other content from Google, Inc. (“Google”) or Apple (“Apple”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/ terms_maps.html) or Apple’s then current Terms of Use for Apple Maps (http://www.apple.com/legal/internet-services/maps/terms-en.html), as applicable, and by using the Geo-Location Services, you are agreeing to be bound by the applicable Terms of Use.

14. Third Party Web Sites, Products and Services

The Platform and/or Services may link to or promote websites, products and/or services from other companies. You agree that we are not responsible for, and do not review, examine or control, those websites or any third party products or services in any way. We encourage you and any minor for whom you are responsible to be aware of this when you leave the Platform or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions. In no event shall Limitless be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of any linked third party websites or the information or material accessed through or products or services offered by these linked third party websites.

15. Promotions and Offers

We may, as part of our Services, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. We reserve the right to send particular promotions to particular users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions.

Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

16. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LIMITLESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING THE PLATFORM AND THE SERVICES INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTION AND MATERIALS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. To the maximum extent permitted by law, we do not warrant that (i) the Platform or the Services will meet your requirements or you will achieve any specific results from use of the Platform or the Services, (ii) the operation of the Platform will be uninterrupted, error-free, or that the Platform or the server that makes the Platform available are free of viruses or anything else harmful, or (iii) that any defects or errors will be corrected. To the fullest extent permitted by law, you understand that Limitless does not make any warranties or representations regarding the use of or content in the Platform or the Services in terms of their quality, accuracy, adequacy, timeliness, completeness, usefulness, reliability or otherwise. You understand and expressly agree that you access or use the Services at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or any other device in which you access the Services, loss of data or other harm of any kind that may result. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using them. If any applicable authority holds any portion of this section to be unenforceable, then our liability and responsibility will be limited to the extent permitted by applicable law. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

17. Limitation of Liability; Release

(a) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIMITLESS AND ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (i) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES; (ii) ANY PERFORMANCE SERVICES PERFORMED BY ANY CONSULTANT (INCLUDING CLAIMS AGAINST THE CONSULTANT) EITHER FOR YOURSELF OR FOR A MINOR FOR WHOM YOU ARE RESPONSIBLE THROUGH YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A CONSULTANT OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, REQUESTING A SESSION THROUGH YOUR ACCOUNT AND ANY CONSULTANT OR ANY OTHER PERSONS YOU MEET THROUGH THE PLATFORM OR OUR SERVICES; (iii) THE ACTIONS OR INACTIONS OF ANY USER YOU CONNECT WITH VIA THE SERVICES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM, THE SERVICES, THIS AGREEMENT OR ANY PERFORMANCE SERVICES. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING MALPRACTICE OR NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LIMITLESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND THE SERVICES. YOUR ONLY REMEDY AGAINST US FOR USE OF THE PLATFORM OR SERVICES IS TO STOP USING THE SERVICES.

THAT SAID, IF LIMITLESS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR THE SERVICES, OUR LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(b) Allocation of Risk. The terms of Agreement that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of this Agreement. You agree that the limitations of liabilities set out in this Agreement are fair and reasonable in the circumstances.

(c) Release. You hereby release and hold harmless Limitless and its officers, directors, members, managers, employees, consultants, agents and their assigns from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Platform or Services and/or the rights and privileges granted or conveyed by you under these Terms of Service.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

18. Notice of Copyright Infringement

If you believe that your copyrighted work has been copied, posted or distributed through the Services in a manner that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the written notice must contain the following information:

(a) a description of the copyrighted work that you believe has been infringed;

(b) a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Services;

(d) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(e) a statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our copyright agent at the following address:

By mail: Limitless Mental Performance, Attn: copyright agent, 2976 S Whiting Way, Denver Colorado 80231

Email: info@limitless-mp.com

19. General Terms and Conditions

(a) Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Platform or the Services will be an appropriate federal or state court located in Denver, Colorado.

(b) Severability. If any provision in this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall continue to be enforceable. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from this Agreement and the remaining provisions are still valid and enforceable.

(c) Assignment; Beneficiaries. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.

(d) No Continuing Waiver. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

(e) Electronic Notices. By using the Services, you agree to receive certain electronic communications from Limitless. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing and will be legally enforceable as a signed document. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.

(f) Claims. Any claim or cause of action you may have with respect to Limitless, the Platform or the Services must be commenced within one (1) year after the claim or cause of action arose.

(g) Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.

(h) Survival. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

(i) Contact Us. To contact us with any questions or concerns in connection with this Agreement or the Services, please email us at support@limitlessmentalperformance.com.