Terms of Service

GENERAL TERMS AND CONDITIONS

These Terms and Conditions are effective as of August 2, 2016.
Access to and use of courses.dreamdigging.net, janetwahl.com and Mind Balance.biz (collectively “Site”), including any online courses, training materials, tutorials, group discussion services such as blogs and forums, individual sessions with Janet Wahl, Dream Groups, seminars taught by Janet Wahl, techniques (such as Thetahealing®, meditation, hypnosis, self-hypnosis, guided imagery, etc.), methods (such as the Ullman Dream Group Method) (collectively “Services”) within the US and internationally is provided by Mind Balance LLC (“we,” “us” and “our”) on the following Terms and Conditions. 

By using the Services, you agree to be bound by these Terms and Conditions, which take effect as amended immediately on each use of the Services. If you do not agree to be bound by all of the following Terms and Conditions, you are not permitted to access, use and/or contribute to the Services.
1. Use of the Services
You agree to use the Services in accordance with all state and federal laws and regulations. You may not use the Services or any part of the Site for commercial purposes.

No individual under the age of thirteen (13) may use the Services, registered on the Site, provide any personal information to the Site, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). By using the Services, you represent that you are at least 18 years old or that you are at least 13 years old and have your parent’s or guardian’s express permission to use the Site. You may only use the Services if you can form a binding contract with Mind Balance LLC and are not legally prohibited from using the Services.

You may only use the Services in a way that does not infringe the rights of or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Services.

You are responsible for using the Site in a private and secure manner. Mind Balance LLC is not liable for any damages or losses due to unauthorized account access resulting from your actions. You must keep your username and password secret. Do not share your username and password with anyone or permit others to access the Services with your username and password. You must change your password regularly. If you believe someone else has accessed your account, you must change your password and notify us immediately at janet@dreamdigging.net.

Please see the Terms of Use for additional information.
2. Amendments
Mind Balance LLC reserves the right to make change to these Terms and Conditions from time to time. You should check these Terms and Conditions regularly. Your continued use of the Services will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you are not permitted to access, use and/or contribute to the Services.

These General Terms & Conditions relate to all of Mind Balance LLC’s websites and should be read in conjunction with our Privacy Policy and Terms of Use. Mind Balance LLC’s Privacy Policy and Terms of Use shall supersede any conflicting provisions contained in these General Terms & Conditions.
3. Registration and account security
In order to participate in the Services and contribute to the Site, you may be required to register with the Site. Any personal information supplied to the Site as part of this registration process and/or any other interaction with the Site will be collected, stored and used in accordance with Mind Balance LLC’s Privacy Policy.

You must ensure that the details provided by you on registration and at all other times are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so we can communicate with you effectively.

All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

You agree to accept responsibility for any and all activities that occur under your account.

If Mind Balance LLC has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.

Mind Balance LLC reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our Services in any way.
4. Intellectual property
Mind Balance LLC provides content, such as course materials, videos, tests, discussion forums, comments by Registered Users, articles and news (“Materials”). Users who register for the Services (“Registered Users”) are given access to the Materials selected by Mind Balance LLC for the Services purchased (“Registered User’s Materials”). Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any content, trademark, design right or copyright of any third party.

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Services and all content located on or available through the Services shall remain vested in Mind Balance LLC.

Mind Balance LLC authorizes each Registered User to download one copy of the Registered User’s Materials subject to the limitations and restrictions set forth in the Terms of Use. You must read and agree to the Terms of Use prior to downloading any Materials from this Site.
5. Availability of the Services
Although we strive to offer you the best service possible, we make no promise that the services available through the Site will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Services, you should report it to janet@dreamdigging.net and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
6. Mind Balance LLC’s right to suspend or cancel your registration
Mind Balance LLC may suspend or terminate your use of the Services in its reasonable discretion at any time and for any reason, including for any violation of these Terms and Conditions. Mind Balance LLC is not liable for any damages or losses resulting from such suspension or termination.

You can cancel your registration at any time by informing us in writing at janet@dreamdigging.net. If you do so, you must stop using the Services.

Mind Balance LLC reserves the right to raise any claims and defenses against a Registered User whose account has been suspended or terminated.
7. Disclaimers and limitation of liability
ALL CONTENT PROVIDED ON OR THROUGH THE SERVICES, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO Mind Balance LLC, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, Mind Balance LLC EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Mind Balance LLC DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICES OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY Mind Balance LLC IS CORRECT AT THE TIME OF PUBLICATION, AND Mind Balance LLC MAY MAKE CHANGES TO THE MATERIALS, NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF Mind Balance LLC FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICES.

Mind Balance LLC disclaims any and all liability arising from the services, whether directly or indirectly. NEITHER Mind Balance LLC’S NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE, ARISING FROM THE USE OF THE SERVICES.

the services provided through this site are for educational and self­improvement purposes ONLY and are not for the diagnosis or treatment of any mental, behavioral or physical condition. the services provided on this site are not substitutes for standard medical care. seek the advice of your mental health professional, physician or other qualified health provider with any questions you may have regarding your fitness to participate and to continue participating in the services. Never disregard professional medical advice or delay in seeking it because of something you saw, heard or read on this site. your Reliance on any information provided by or through this site, Mind Balance LLC, its employees, officers, registered users and other visitors to the Site is solely at your own risk.

Mind Balance LLC DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.

by sending a message in the discussion forums, you agree to have it and your identity posted for public viewing without compensation. opinions and ideas expressed in the discussion forums do not represent the ideas or opinions of Mind Balance LLC.

Links to external websites are provided solely as a convenience to you. Mind Balance LLC has not reviewed all of the external websites linked to on THE SITE. links on this site to external websites are for informational purposes only. such links are not endorsements by us of any products or services and we DISCLAIM ANY AND ALL liability FOR ANY HARM CAUSED BY SUCH WEBSITES. Mind Balance LLC does not control and is not responsible for any of the external websites or their contents. If you decide to access any of the external websites, you do so at your own risk.
8. Applicable law
These Terms and Conditions will be subject to the laws of the State of New Mexico without giving effect to principles of conflicts of law. Any action at law or in equity arising out of or relating to the Services and these Terms and Conditions will be filed in Bernalillo County, New Mexico. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
9. International use
We make no promise that materials available on or through the Services are appropriate or available for use in locations outside the United States, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Services from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Miscellaneous
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

No delay or failure to enforce these Terms and Conditions shall constitute or be construed as a waiver of that or any other right or remedy.

Mind Balance LLC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.

These Terms and Conditions, together with the Terms of Use, Privacy Policy, Dream Group Participation Agreement and Participation Agreement for individual sessions with Janet Wahl (“Terms”), contain the complete and entire agreement between Mind Balance LLC and you. The Terms may not be amended, modified, altered or changed in any respect except as provided herein or by written agreement duly executed by Mind Balance LLC and you. The Terms supersede any and all prior and contemporaneous oral or written agreements or understandings between you and Mind Balance LLC. No representation, promise, inducement or statement of intention has been made by you and Mind Balance LLC, which is not embodied in the Terms. You and Mind Balance LLC shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in the Terms.

If any of these Terms is determined to be illegal, invalid or otherwise unenforceable then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed from these Terms and replaced with a term as near to the original term severed as would be enforceable, legal and valid. The remaining terms shall survive severance of any unenforceable terms.

xx. Arbitration
11. Interpretation
In these Terms of Use, the terms below have the following meanings.

“Mind Balance LLC”, “we”, “us” and “our” refer to Mind Balance LLC, a New Mexico limited liability company.

“Site” refers to courses.dreamdigging.net, janetwahl.com and Mind Balance.biz.

“Services” refers to the paid-for services available on the Site, such as online courses, tutorials, individual sessions with Janet Wahl, Dream Groups and seminars taught by Janet Wahl.

“Registered Users” refers to users who register on the Site for any of the Services.

“Materials” refers content available on or through the Site that may or may not be owned by or licensed to Mind Balance LLC, such as course materials, videos, tests, discussion forums, articles and news.

“Registered User’s Materials” refers to the Materials selected by Mind Balance LLC for the Services purchased by a Registered User.

“Content” refers to the text, video, pictures and other information submitted by Registered Users to the Site.

“Terms” refers to the Site’s Terms and Conditions, Terms of Use, Privacy Policy and Dream Group Participation Agreement.
12. Questions?
The Services are owned and operated by Mind Balance LLC, a New Mexico limited liability company.

If you have any questions, please contact janet@dreamdigging.net.