©2019 by Right Mind Syracuse                                               Terms and Conditions

TERMS AND CONDITIONS

OVERVIEW
This website is operated by Right Mind Syracuse. Throughout the site, the terms “we”, “us” and “our” refer to Right Mind Syracuse. Right Mind Syracuse offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our website is hosted on WIX. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


Section 1 – Privacy Policy

Any personally identifying information submitted through the website or company is subject to the Company's Privacy Policy.


By using the Service, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from the Company. For example, the Company may send you communications about new Company features, special offers, promotional announcements and customer surveys via email, text message, or other methods. Your express and/or implied consent begins from the moment you utilize the Service, and lasts (a) until you inform the Company that you no longer wish to receive such communications.  If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email dan@rightmindsyracuse.com and ask to be removed from such future correspondence. You may also contact the Company by regular mail at 201 East Jefferson St. Syracuse, NY.  


In addition, by utilizing the Service you expressly and/or impliedly consent to receiving electronic communications from the Company relative to your purchase, including notices about your purchase (e.g., change in event time or venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the Service. These communications are part of your relationship with the Company and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.


The Company will not sell your email address to any third party.


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – PROPERTY


The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. These items of the Company may not be used or reproduced without prior written approval from the Company and may not be used in connection with any product or service that is not affiliated with the Company, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of the Company, or in any manner that disparages or discredits the Company. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. Any images of persons or personalities contained on the Website are not an indication or endorsement of the Company or any particular product or our service unless otherwise indicated.


You agree that the Company is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Event and/or the promotion of an Event, and for no other purpose. At the conclusion of your Event, you may take your own Work of Art with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the Work of Art you created (or any reproduction thereof).
You acknowledge that you do not have, acquire or retain any rights to any such Works of Art after the end of your Event (or after repeat Events utilizing the same Work of Art).


SECTION 5 - Photographs


You acknowledge that any photographs taken at your Event by any instructor, assistant, agent, contractor or employee or agent of a contractor which photographs depict in any manner the Work of Art, the set-up of your Event, the participants or instructors or staff at your Event, you, or the equipment, materials, supplies or marketing materials related to the Company in any way shall become the property of the Company, may not be reproduced or utilized except as authorized by the Company, and that the Company is free to use all such materials at its sole and absolute discretion, including photo-shopping and/or altering any portions of any such photographs.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice. 


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 7 - PRODUCTS OR SERVICES (if applicable)


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 9 – CANCELLATION POLICY


Occasionally classes are canceled due to low registration.  In the event of a class cancellation, registrants will be notified prior to the class date and a full refund will be issues.  In the event you need to cancel a class, you must cancel a minimum of 48 hours (2 days) prior to the class date in order to receive a refund of transfer credit.  No refunds or transfers will be made on the day of the class or after the class has started – no exceptions.  A single ticket may be transferred for the use of another class only once in the case of an emergency, sickness, or extreme weather.  Transfers must be made with in one week of cancellation.  If credit does not equal newly scheduled class price, the difference must be paid.  


Right Mind Syracuse may cancel a class for extreme weather conditions (i.e. if there is a warning to not be on the roads), in the case of an emergency, if there not enough seats purchased to cover running the class (we have a 6 seat minimum for on-site classes and an 8 seat minimum for off-site classes), or in the event that a teacher is unable to make the class. We will try to reschedule the class on the same day of the week, and the same scheduled time, as soon as we can. If you cannot make the rescheduled date, we will make an exception, and refund you the price of your seat.

Extreme weather policy: We are in Onondaga County in the City of Syracuse.  While we understand and truly appreciate that sometimes students travel from all over for our classes, we do make cancellation decisions based on the weather where we are located. To do this, we look at if Syracuse City Schools are closing early or have cancelled after-school activities, and what other businesses that host timed events (like a gym or theater), have cancelled as well.  We will do our best to notify you as early as possible as soon as possible.


SECTION 10 - OPTIONAL TOOLS


We will provide you with tools, supplies, and equipment, some of which may be owned/provided by a third party.


You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of tools, supplies, and equipment. 


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 11 - THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties. 


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

At the Event, you may encounter third-party services ("TPS"), including, but not limited to food and beverage service.  These TPS are provided solely as a convenience to you, and the Company is not responsible for and does not endorse the TPS provided. You understand that you are responsible for all additional charges you incur at your Event, including, but not limited to food and beverage charges.


SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY THE COMPANY. Some of these TPS may even use Company trademarks in connection with your Event. The Company is not responsible for and does not endorse the content of such TPS. You will need to make your own independent judgment regarding your interaction with these TPS. By using such TPS, you acknowledge and agree to the following: (i) your use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if the Company has not provided such information, and (ii) your use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold the Company harmless,  for the sharing of information or the receipt of TPS relating to your Event that results from your use of any TPS. You further agree to indemnify and hold the Company harmless from all claims that in any way involve or relate to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider and not the Company, unless otherwise indicated by the Company. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify the Company for any and all claims made as the result of the provision of TPS at your event.


SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.


We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 14 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 


You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Right Mind Syracuse, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 16 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Right Mind Syracuse and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 17 - SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 18 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 19 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 201 East Jefferson St, Syracuse, NY.


SECTION 21 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 22 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at dan@rightmindsyracuse.com.