Terms of service.

HEROIC MINDS
Terms of use

Last modified: April 15, 2021

Welcome to Heroic Minds (“Heroic Minds”, “we”, “our” or “us”, as context dictates).

In order for you to use, access, or registers to use our services or obtain any assistance from us you must agree to abide by the terms and conditions listed below (the “Terms of Use”) as well as those listed in our Privacy Policy, which is incorporated herein by reference (the Terms of Use, long with the Privacy Policy, shall be referred to as the “Terms” or “Agreement”). Below are the Terms for the use of our website and our mobile site (collectively, the “Site”), and our services, including but not limited to, the Heroic Minds platform which allows users to consume content, to engage with their network and share content and information with other users of the platform (together with the Site, collectively, the “Services”).

Please read these Terms carefully before using our Site and Services.  Any person who wishes to use our Services must accept these Terms without change. If you do not agree to the Terms, do not access or otherwise use our Services. Your use of our Services signifies that you agree to the Terms.  Please note that if you are under the age of 13, we will require consent and approval from your parent or legal guardian prior to your use of our Services.

1.0           Modifications to Terms

These Terms or any other policies or guidelines governing our Services are subject to change by Heroic Minds at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on our Site.  Your use of our Services will be subject to the most current version of the Terms posted on our Site at the time of such use.  Your continued use of our Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes.  Please consult these Terms regularly.  IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF OUR SERVICES.

By accessing or using the Services or by executing these Terms, you signify that you have read, understood, and agree to be bound by these Terms and any other policies or guidelines governing our Site, including our Privacy Policy attached hereto as Schedule “A” (the “Privacy Policy”). If you are not eligible to use Heroic Minds, or do not agree to the Terms, you do not have our permission to use the Site or Services.

2.0           Privacy Policy 

Please click here [https://www.heroicminds.live/privacy-policy] to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes.  You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy.  By agreeing to these Terms, you acknowledge and agree that certain information about you is subject to our Privacy Policy. 

3.0           Use of Our Services

You may use the Services only if you are eligible to sign a binding contract with Heroic Minds, and only in compliance with these Terms and all applicable local, provincial, state and/or federal, and national laws, rules and regulations.

4.0           Your Registration Obligations

 

We may at times require that you register and/or set up an account to use certain portions of the Services.  In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, including, but not limited to, personal information, given name, email address, date of birth, mailing address, etc. (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site, if available. If Heroic Minds believes that the Registration Information you provide is not correct, current, or complete, Heroic Minds reserves the right to refuse you access to its Services.  However, Heroic Minds has no obligation to verify the accuracy, currency, completeness or usefulness of any Registration Information that you have provided to us.

5.0           User ID/Password

If you register and/or set up an account on the Services, you will be solely responsible for maintaining the confidentiality of any user ID, password, and similar information. You may not authorize others to use your user ID, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available, or notify us at ben@heroicminds.live or as described in our Privacy Policy.  We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.

We have the right, in our sole discretion, to cancel your user ID and password without notice to you.

6.0           License Grant and Restrictions on Use

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services.

The Services are licensed, not sold, to you. Except as expressly provided for in these Terms, Heroic Minds reserves all rights, title and interest in and to the Services, including all intellectual property and other proprietary rights.

You may use our Services for your own personal, non-commercial use, and you may not use our Services for any other purpose without Heroic Minds's express prior written consent.  For example, you may not (and may not authorize any other party) to: (i) co-brand our Services; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of Heroic Minds. For purposes of these Terms, "co-branding" means to display any name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services or which may confuse a user as the nature of the relationship between any party and Heroic Minds. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from Heroic Minds and at all times you will cooperate with Heroic Minds following Heroic Minds's discovery of any such illegal activity.

Heroic Minds may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the Services for any reason and without any liability to you whatsoever. While Heroic Minds takes great care to ensure the Services are accurate, errors and/or inaccuracies may occur. Heroic Minds may change or update information on the Site at any time without notice, and availability of the Services. We make no representations that the Services are compatible with, or will function or operate with your device or equipment.

The Services may be provided via a freemium model and/or via paid subscriptions and fee-based services. While the use of a freemium account is free of charge, premium content and services must be paid for by the user. Features of the Services are subject to constant development and expansion, therefore we reserves the right to change, delete, add or offer its users content in a premium subscription from within a freemium model. You acknowledge and agree that you are responsible for the payment of any additional purchases offered within the Services.

From time to time we may offer certain promotional periods to users. Promotions will have the duration and applicable terms communicated to user at the time the promotion is offered. Promotions may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, promotions are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.

7.0           User Content

Some areas of the Services allow you to post or provide content such as profile information, images, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). When you access certain features on our Services that allow you to post and communicate with other users, we urge you not to share any personal information, confidential information or any other information that you would not want to share with the general public.

 

You agree to only post User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Content on or through the Services. You grant Heroic Minds a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sub-licensable license to use, reproduce, publicly perform, publicly display, publish, distribute, and create derivative works of any User Content. We acknowledge and agree that you will own all proprietary right, title and interest in your own User Content.

We may, but have no obligation to, review User Content before it is posted and we may refuse to post any User Content for any reason in our sole discretion.  Additionally, we may, but we have no obligation to, monitor User Content already posted on the Site or Services. We may, but have no obligation to, edit or remove any User Content that we, in our sole discretion, determine to violate any applicable law, these Terms, or the purpose of our Services, or that we determine to be offensive or inappropriate or for any other reason in our sole discretion. The user content you create remains yours; however, by providing user content through the Services, you agree to allow others within the Services to view your user content within the Services as permitted by the functionality of the Services, your settings and this Agreement.

8.0           Proprietary Information

The entire contents of our Services, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, audio and video recordings, software, code, data, text, displays, the Services' "look and feel", logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Services as a collective work and/or compilation is protected under copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms, nothing contained in this Site or provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property. User Content is owned by the person who posted the information on the Site and Services or the third party licensor, as the case may be.

We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, "Documentation") owned by us or licensed to us which are protected under copyright, trademark, patent and other intellectual property rights.  All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us.  You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent.  You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation.  The restrictions set out in these Terms do not apply to the limited extent the restrictions are prohibited by applicable law.

9.0              Third Party Content

Our Services may also contain information or materials ("Third Party Content") that are owned or provided by persons other than Heroic Minds ("Third Party Providers").  Heroic Minds makes no representations and warranties with respect to any such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content.  Inclusion of Third Party Content from Third Party Providers with our Services does not mean, unless expressly stated otherwise, that Heroic Minds endorses or agrees with such Third Party Content.    You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.

You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers.  You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.

10.0        Rules

We expect that you will access and use our Services in a professional, responsible and business-like manner in accordance with applicable laws and treat all users of the Services  (the "Users") lawfully and respectfully when posting User Content and interacting with Users through the Site and Services.  By using our Services, you have the opportunity to engage in dialogue with representatives of Heroic Minds if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively "Suggestions") that you communicate to us so long as any such Suggestions, User Content, or interaction is not obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.

You are not obligated to provide us with Suggestions regarding our Site or Services. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.  

You further agree that you must use our Services for lawful purposes only and represent and warrant that you will not use our Services to:

(a)   e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Agreements);

(b)   e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party's copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;

(c)   remove any proprietary notices or labels, or any promotional or advertising material, from our Site or Services;

(d)   e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation 

(e)   impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;

(f)    upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site's infrastructure or limits the functionality of any Heroic Minds or third party computer hardware, software, networks, or hardware or telecommunications equipment;

(g)   interfere or attempt to interfere with or disrupt our Site or Services  including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site and Services ;

(h)   direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;

(i)    intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site and Services  or any User Content;

(j)    modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Services  (except as may be expressly permitted in these Terms), including but not limited to any portion of our Site;

(k)   Collect, store, distribute, post, revise or delete any User Content or other personal information of other Users without their express consent;

(l)    Transmit any Information or User Content known by you to be false, inaccurate or misleading; or

(m) Transmit any Information or User Content that is intimate, private or that you would not want the public to view or have access to.

11.0        Disclaimer of Warranties/Limitation of Liability

You understand that we will use commercially reasonable efforts to provide our Site or Services but we cannot and do not guarantee or promise any specific and intended results from the use of our Services. You also understand that any information in our Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Documentation and Services will be at your own risk and that you must evaluate and bear all risks associated with the use of our Documentation and Services. Any opinions and comments in User Content represents the views and opinions of the person that posted such User Content and in no way represent the views and opinions of Heroic Minds. 

We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial or commercial, from the use of our Services.  You acknowledge that any use of our Services will be at your own risk. You are solely responsible for any use of and results from using our services and site. Your use of our services and site is entirely at your own risk.

We do not warrant or represent that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties.  YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SITE AND SERVICES.

YOUR USE OF OUR SITE AND SERVICES AND DOCUMENTATION IS AT YOUR OWN RISK. OUR SITE, SERVICES AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR OUR SITE, SERVICES AND DOCUMENTATION.  WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE, SERVICES OR DOCUMENTATION.  FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT: (I) OUR SITE OR SERVICES  DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY; (II) OUR SITE OR DOCUMENTATION WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE; (III) OUR SERVICES  WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY; (IV) ANY DEFECTS IN OUR SERVICES OR DOCUMENTATION WILL BE CORRECTED; (V) USER CONTENT WILL BE RESPECTFUL, APPROPRIATE, TRUTHFUL, ACCURATE OR IN FULL COMPLIANCE WITH THESE TERMS; AND (VI) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT.  OUR SITE, SERVICES AND DOCUMENTATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE, SERVICES AND DOCUMENTATION AT ANY TIME. 

IN NO EVENT SHALL HEROIC MINDS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS ("ASSOCIATED PERSONS") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF OR RELIANCE ON ANY USER CONTENT OR THE INFORMATION PROVIDED BY US ON OUR SITE, SERVICES OR STATED IN OUR DOCUMENTATION; (II) YOUR USE OF OR INABILITY TO USE OUR SERVICES ; (III) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (IV) ANY FAILURE OF PERFORMANCE OF OUR SITE AND SERVICES , WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (V) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON; (VI) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES; (VII) YOUR USER CONTENT OR OTHER INFORMATION THAT YOU TRANSMITTED OR SHARED WITH OTHER USERS OR THE PUBLIC THROUGH OR IN CONNECTION WITH OUR SERVICE; OR (VIII) ANY OTHER MATTERS RELATING TO OUR SITE, SERVICES AND DOCUMENTATION, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.

WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

12.0        Indemnity and Governing Law

You agree at all times to defend, indemnify and hold harmless Heroic Minds, its employees, contractors, agents, officers, directors,  successors and assigns (the "Indemnified Parties") from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site, Services, our Documentation or from your violation of these Terms. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Services.

 

These Terms and any action related thereto or related to our Site, Services or Documentation shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws.  You agree that any action at law or in equity arising out of or relating to these Terms or your use of our Site, Services or Documentation will be filed only in a court located in Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.  Your use of our Site, Services or Documentation is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site, Services or Documentation in any such circumstances.

13.0        Embedded and Third Party Links

Embedded Links: Throughout our Services, you may find embedded links posted on other users profiles that may direct you outside of Heroic Minds. Although we allow the use of embedded links, we cannot guarantee that (a) these links are free of malware and viruses and (b) the links posted all contain appropriate, safe content. Although Heroic Minds works to best monitor the links being posted, we do not review all external links on our Service. It is to your discretion whether you use the embedded links posted by other users. Users that include embedded links on their profile are solely responsible for the links that are posted, and Heroic Minds will not be held liable.

Third Party Links: The Services may contain links to other websites; for instance, user profiles, and other posts may link to other sites. When you access third-party websites, you do so at your own risk. Heroic Minds does not control or endorse those sites. Users that include third party links on their profile, or that are the source of the third party links are solely responsible for the links that are posted, and Heroic Minds will not be held liable.

14.0        Termination and Miscellaneous

 Termination of platform: We may, without prior notice, change the Services; add additional features to the service; stop providing features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. We may take any of these actions at any time, and when we do, we will try to notify you beforehand - but this won’t always be possible. Upon termination for any reason or no reason, you continue to be bound by this Agreement, and you become ineligible to create a new account.

Communication of updates: Heroic Minds provide notifications, whether such notifications are required by law or are for other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the platform, as determined by Heroic Minds at our judgement. Heroic Minds reserves the right to provide notifications in whichever manner we see fit, provided that you may opt out of certain means of notification as described in this Agreement. Heroic Minds is not responsible for any automatic filtering that you or your network provider may apply to email notifications we send to the email address you provide us.

Assignment: These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get Heroic Minds’s prior written consent. Heroic Minds has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without notice and without your consent.

Severability: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Headings: The headings used in these Terms are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms.

No Waiver: Heroic Minds will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Heroic Minds.  No delay or omission by Heroic Minds in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  Heroic Minds's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Heroic Minds's right to subsequently enforce such provision or any other provisions of these Terms.    

15.0        Contact Us

If we do not act to enforce a breach of these Terms, that does not mean that Heroic Minds has waived its right to enforce these Terms. You may not assign or transfer this contract (or your account membership or use of Services) to anyone without our consent. However, you agree that Heroic Minds may assign this contract to its affiliates or a party that purchases it without your consent. There are no third-party beneficiaries to this contract. 

You agree that the only way to provide us legal notice is at the addresses provided in the following paragraph. 

If you have any questions about this Agreement, please contact us at any time at ben@heroicminds.live