Terms and conditions

Website Terms and Conditions For Users:

Last Modified: 21 June 2024

​

These Terms and Conditions (hereinafter referred to as “these Terms and Conditions” or these “Terms”) govern your (hereinafter referred to as “the User” or “you”) visits to the website address: https:muscularminds.com (“the Website”). The Website is controlled by MuscularMinds LLC (the “Provider” or “we”, “us” etc)

​

If the User visits, browses, accesses the Website and/or purchases an item from the Provider’s swag shop, it will be deemed that the User has agreed and acknowledged these Terms and Conditions. Without the express permission of the Provider MuscularMinds LLC, the User is not permitted to download or use any Content found on the Provider's website for promotional purposes or any other similar uses. Additionally, the User is not permitted to distribute any of the Content to outside parties. Because anybody can visit the Website, for the purposes of these Terms and Conditions, anyone or everything can become a User, whether an individual, a legal entity, a company, a non-profit organization, governmental organization, among other things. 

​

Website

Any external, third-party links that may be provided on the Website at any time, either now or in the future, are not under the Provider's/ MuscularMinds LLC control, and the User assumes all liability for any goods or services purchased or inaccurate information discovered as a result of using these links. Under no circumstances can the Website be deemed liable or responsible for anything related to websites belonging to third parties that may be linked to the Website.

​

Consequently, the User understands and accepts that the Website shall not be held accountable or liable, directly or indirectly, for any harm or loss resulting from access to or use of any features or material from websites similar to these. 

​

The User is solely responsible for ensuring that their electronic device (Personal Computer or other device used to browse the Website) has adequate security measures, including up-to-date antivirus protection. The Provider makes no representations or warranties regarding the security of the User’s electronic device and is not liable for any security breaches, data loss, or other damages that may occur, even if the User has implemented security measures. By using the Website,​ the User acknowledges and accepts that security risks are inherent in internet use and agrees to hold the Provider harmless from any claims related to such risks.

​

The Website provides information related to mental health, relationships, parenting, faith, and other topics through blog posts, podcasts, and other media.

​

You may view, download for caching purposes only, and print pages from the Website for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

​

You must not:

• Republish material from the Website without proper attribution.

• Sell, rent, or sub-license material from the Website.

• Reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose.

• Edit or otherwise modify any material on the Website.

• Redistribute material from the Website, except for content specifically and expressly made available for redistribution.

​

​

Products

Furthermore, under no circumstances will the Provider/ MuscularMinds LLC be held accountable or liable for anything related to the User's use of the products.

​

Therefore, by placing an order for items from the Provider’s/ MuscularMinds LLC swag shop, the User understands and accepts that the Provider/ MuscularMinds LLC will not be held directly or indirectly liable for any loss, damage, or injury resulting from the use of the goods. To be clear, the Provider/ MuscularMinds LLC will not be held responsible in any way should the User experience an allergic response or any other health issue as a result of consuming the products that the Provider supplies. By using the website, the user accepts that there may be losses or damages, and the user agrees to pay the provider for those losses or damages. 

​

Our swag shop uses a third-party print-on-demand (POD) service, Printful, to process orders. All transactions, including payment and shipping, are handled by Printful. We are not responsible for any issues arising from the use of Printful’s services. By purchasing from our swag shop, you agree to comply with Printful’s terms and conditions.

​

Delivery Time (Force Majeure)​

The Provider/ MuscularMinds LLC delivers with an approximate delivery time of 14-21 working days. However, under no circumstances whatsoever will the Provider/ MuscularMinds LLC be held accountable or liable for any delay or failure to perform the delivery due to any event or circumstance that the party affected by it is unable to prevent or avoid. Examples of such events and circumstances include, but are not limited to, acts of God; pandemics; government regulations; curtailments of transportation facilities; strikes, lock-outs, or other industrial actions or trade disputes of any nature (whether involving employees of a party or a third party); terrorist attacks; haze; sabotage; riots; civil disturbances; insurrections; national emergencies (whether in fact or law); blockades; acts of war (declared or not); etc. (a “Force Majeure Event”). The Provider/ MuscularMinds LLC will provide the User with a written notice outlining the specifics of the Force Majeure Event that might impact the delay of a product delivery at the Provider’s earliest convenience.

​

Amending the Terms and Conditions

The Provider/ MuscularMinds LLC retains the right to periodically amend, modify, add to, subtract from, or eliminate all portions of these Terms and Conditions. Any changes made to these terms and conditions will take effect once they have been posted and made available to the public on this website. It is the User's duty to periodically review these Terms and Conditions on the Website for updates and revisions. When changes and adjustments are published on this website, the user's continued use of the site will be interpreted as the user's express agreement to abide by the updated Terms and Conditions.

​

No Professional Advice

The information and content on this Website is for general informational purposes only. Professional advice is not provided on this website and using it does not create a professional-client relationship between us. This website's content should not be used as a substitute for professional advice in the areas of law, taxation, real estate, medicine, finance, risk management, marriage, mental health, or other fields. Before acting, please get the advice of a qualified or experienced specialist in that field if you need any such guidance.

​

Return and Refund Policy

We appreciate your support and strive to provide the best products and services. Please read our return and refund policy carefully to understand your rights and obligations.

​

Our merchandise is produced, fulfilled, and shipped by a third-party print-on-demand (POD) provider, Printful. All orders are subject to Printful’s return and refund policies. For detailed information, please review Printful's Return Policy and Purchasing Policy. If you encounter any issues with your order, such as defects, damages, or incorrect items, please contact us at  admin@muscularminds.com  within 30 days of receiving your order. We will work with Printful to resolve the issue promptly.

​

In terms of our digital products and non-tangible goods, due to the nature of digital products, such as e-books or digital downloads, we do not offer refunds or exchanges on these items.

​

Copyright and Intellectual Property Rights

All content on our website, including text, graphics, logos, images, and software, is our property or the property of our content suppliers and is protected by international copyright laws.

​

You are granted a limited license to access and use our website for personal purposes, but you must not download (other than page caching) or modify any portion of it without our express written consent.

​

Disclaimers

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

​

The website muscularminds.com and the information provided by MuscularMinds LLC are solely intended for informational and entertainment purposes and are not a substitute for advice, diagnosis, or treatment regarding medical or mental health conditions. Although, MuscularMinds LLC owner, Jered Dane Benedick is a licensed clinical social worker, the views expressed in his book, or any related content such as blogs and podcasts should not be taken for medical or psychiatric advice.

​

Always consult your physician before making any decisions related to your physical or mental health.

​

​

All communications and recommendations are Jered Dane Benedick’s own and are not endorsed by Lone Star Circle of Care. Descriptions of circumstances and incidents, except for ones relating to Jered Dane Benedick and his immediate family, are based on general experience and do not reflect events attributable to any real persons. 

​

All communications and recommendations are for informational or educational purposes only and do not constitute medical advice or professional health services.

​

Limitation of Liability

YOU AGREE MUSCULARMINDS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE MUSCULARMINDS LLC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE WEBSITE. To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of our website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

​

Indemnification

You agree to indemnify, defend, and hold harmless the Provider, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our website.

​

Choice of Law and Jurisdiction​

This Website is controlled, operated and administered by the Provider from the United States and the state of Texas. Visiting and using the Website from a location in which the Content is illegal is strictly prohibited. The User may not use this Website in breach of the United States and the state of Texas laws and regulations. If the User accesses this Website from locations outside of the United States and the State of Texas, that User is responsible for compliance with all local laws, including that the User is responsible for any extra fees that are associated with deliveries outside the United States and the State of Texas as they may be subject to local taxes and duties, and the User consents to the jurisdiction of the United States and the State of Texas courts in the event of any dispute.

​

Indemnification of Legal Fees, Out-of-Pocket Expenses and Liability for Breach 

If the User breaches these Terms and Conditions, the Provider shall be compensated by the breaching party for its reasonable legal fees and out-of-pocket expenses which in any way relate to the breach of these Terms and Conditions.

​

The User acknowledges that compliance with these Terms and Conditions is necessary to protect the goodwill and other proprietary interests of the Provider/MuscularMinds LLC that a breach of these Terms and Conditions will also give rise to irreparable and continuing injury to the Provider/ MuscularMinds LLC.

Therefore, the User by using the Website hereby agrees that breach of these Terms and Conditions will give the right to the Provider/ MuscularMinds LLC to seek damages for any losses and damages incurred as a result of breach of these Terms and Conditions and/or in connection with such violation.

​

User Content

You may submit comments, feedback, or other content ("User Content") to our blog and other interactive areas of the website. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute your User Content in any media.

​

You warrant that any User Content you submit does not infringe on the intellectual property rights of any third party, is not defamatory or unlawful, and does not violate any privacy rights.

​

We reserve the right to moderate, edit, or remove any User Content at our discretion.

​

Contact Us

If the User has any questions or wants to provide feedback regarding these Terms and Conditions, the User should not hesitate to contact us through email at:_admin@muscularminds.com_