Terms of Use

Last Updated: 3/19/2024 

OVERVIEW

The terms "we" "us" and "our" refer to Positive Mind LLC. The terms "website" and "site" refer to this website: bodyandsoulstudiosny.com. The terms "user" "users" "you" and "your" refer to visitors and customers/clients of this website. The terms "Service" or "Product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.
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Thank you for visiting our website. The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.

USE OF SITE

Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.
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LAWFUL PURPOSES
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This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.

GUARANTEES AND WARRANTIES

Positive Mind LLC does not guarantee any results from using this content and it is for educational purposes only, and to share general information about Sullivan County NY and about us. Information provided on this website is subject to change. We try to provide up-to-date and accurate information but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement.
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Positive Mind LLC does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.

LIMITATION OF LIABILITY:
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Positive Mind LLC will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.

DISCLAIMERS


​This website is not used to provide [legal, medical, health, financial, etc] advice, and no professional-client relationship has been formed by your use of this website. No material downloaded or resource used on this website constitutes [legal, medical, health, financial, etc] advice. Your use of the content on this site or content from our email list is at your own risk. We do not guarantee any results from using this content and it is for educational purposes only. It is your responsibility to do your own research, consult, and obtain a professional for your [legal, medical, health, financial] or other help that you may need for your situation.

You agree and acknowledge that we are not licensed (or is licensed only in). The website, services or product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and we are not responsible for any outcome.

Income statements (or statements about scaling a business) may be reported by us but it is an estimate of possible earnings and is not a guarantee that you will have the same results. You acknowledge and agree that we cannot guarantee your future results or success, financial or otherwise. Your success is based on your own actions and not on your use of this site, services or products. You acknowledge and agree that we are not liable for the success or results of your business.

Statements made regarding health outcomes is not a guarantee that you will have the same results. You acknowledge and agree that we cannot guarantee your future results or success with the fitness program, nutrition plan, manifestation, mindset, OR OTHER TYPE. Your success is based on your own actions and not on the website, services or product. You acknowledge and agree that we are not liable for your success or results. Before beginning any type of fitness plan, nutrition or other health or wellness plan, it is your responsibility to consult with a medical professional, registered dietitian, mental health professional, therapist, psychologist, etc.
Statements made regarding improving your relationships, careers, or life does not guarantee you will have these results. Your success if based on your own actions and not on the website, service or product. You acknowledge and agree that we are not liable for your success or results.

The testimonials and opinions displayed on our website apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided on a voluntary basis. We did not pay for these testimonials, they were not given in exchange for free services or product or any other benefit. The testimonials on our website illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.
Any comments on our website are the opinions of the individual author and do not necessarily reflect our views or opinions. We reserve the right to remove any comments that we find offensive or inappropriate.


There are no sponsored posts contained on this website. We do not write sponsored posts or accept free products in exchange for reviews. Opinions expressed on our website are our own. Any products or services that are linked from our website have been purchased by us and we believe it is valuable.

INTELLECTUAL PROPERTY AND LICENSE RESTRICTION
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This site and any service provided contains intellectual property owned by Positive Mind LLC . This site may contain intellectual property from third parties, with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this site and/or product being revoked, without refund.

Any product or service downloaded from this website is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended: for your personal use. This does not grant you a license to sell, rent, copy, create derivative works from, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this site, products or services.
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REFUND POLICY

Due to the digital nature of the Product and immediate access to all materials granted at the time of purchase, no refunds are provided under any circumstances.

Due to the digital nature of the product and the services included in the Product such as COACHING SESSIONS/CONSULTING SESSIONS/WHAT YOU ARE OFFERING/ETC the Product, including all services, are non-refundable. Payment for the Product is earned in its entirety at the time of purchase (even if a payment plan is chosen) and as such, no refunds are provided under any circumstances, regardless of whether or not all services included in the Product are used.

If you request a refund and have not downloaded or accessed the Product within AMOUNT OF TIME, a refund will be issued upon request within AMOUNT OF DAYS YOU WILL PROCESS THE REFUND IN. Digital downloads and course or product activations through third-parties are monitored to ensure you are able to access the Product after purchase. If you are unable to access or download the Product, please contact us at CONTACT INFO: EMAIL/PHONE NUMBER.

We will gladly refund your money for the Product within 5 days. Please contact us at Positivemonica@yahoo.com or call 516-297-0672 Your purchase will be refunded through the payment method you paid with. However, if 6 days has passed, no refunds will be issued under any circumstances.

Due to the digital nature of the product and the services included in the Product such as COACHING SESSIONS/CONSULTING/WHAT YOU ARE OFFERING/ETC the Product, including all services, are non-refundable once all coaching or consulting services have been rendered. However, if you entered into a payment plan and are not satisfied with your investment and the services rendered, you may request future payments to be forgiven. If you purchased the Product in full and are not completely satisfied, you may request a refund only for the sessions not yet rendered.
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MODIFICATION OF THIS AGREEMENT
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These terms may be amended at any time and are effective immediately. The effective date is listed below and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.

SEVERABILITY
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If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
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ASSIGNMENT
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This agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate or sub-license is not valid.
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INDEMNIFICATION
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You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.
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WAIVER
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You agree that the failure of Positive Mind LLC to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.

GOVERNING LAW
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Any dispute arising out of or related to this Agreement or your use of this site shall be construed with and governed by the laws of the State of New York, and shall be resolved exclusively by courts in Sullivan, NY, applying New York law, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
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ENTIRE AGREEMENT
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You agree that this Agreement contains the entire agreement between you and Positive Mind LLC pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.
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HEADINGS
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All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.