Terms and Conditions

Overview
Thinking Body Institute Media (https://tbi-media.org/) is an online store which exists for the purpose of making educational materials available for purchase to the public. Our website uses WooCommerce.com software, which integrates with WordPress.org software. They provide us with the online e-commerce platform that allows us to sell our educational materials to you.

Thinking Body Institute Media offers this online store to you, the user, conditioned upon your acceptance of certain Terms and Conditions, meaning all terms, conditions, policies and notices stated in this web page. By agreeing to these, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

Please read these Terms and Conditions carefully before accessing or using our website to make a purchase of our materials. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions described here, you may not access Thinking Body Institute Media.

Throughout the following description of our Terms and Conditions, the term “Service” is used to describe all activities conducted by Thinking Body Institute Media. The terms “we”, “us” and “our” also refer to our activities.

General Conditions
The following are the General Conditions that you agree to uphold when you use our site:

  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Terms will result in an immediate termination of your use of our Services. We reserve the right to refuse service to anyone for any reason at any time.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our 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.

Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on Thinking Body Institute Media is not accurate, complete or current. 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.

Our site may contain certain historical information which may not be current and is provided for your reference only. 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 more accurate, complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

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 our 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 our Service.

Copyright Policy
The following are the terms you are required to observe in relation to US copyright regulations. When a copyright notice appears on any TBI Printed or Digital Media item, it serves to inform the purchaser that Thinking Body Institute Media has the exclusive right to:  reproduce the copyrighted work through all forms of printing, photocopying, scanning, faxing, or any other electronic means; prepare derivative works (e.g. translations, revisions, abridgments, video or audio adaptations or by any other method through which the work could be transformed; distribute copies for sale; display the work publicly or authorize individuals or companies to do any of the above.

Several TBI Printed or Digital Media items do not have official copyright assignments or are in the public domain.  After a check of the status of these works in 2015 revealed that the original copyrights had not been renewed, we enhanced various aspects of the original items in the effort to make them more useful for members of our community. These additions and improvements are protected by United States copyright regulations pertaining to derivative works.

By acknowledging the TBI Media Terms and Conditions before making a purchase, you agree that you will not make copies of any of our materials for sale or distribution.  For more details regarding our policies, please see Copyright Information.

Products
Our products are available exclusively online through our website. 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 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 errors can be corrected.

We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.  Our products may have limited quantities and are subject to return only according to our Return and Refund Policy.

Accuracy of Billing Information
We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. We may, in our sole discretion, limit or cancel quantities purchased per order. 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.

You agree to provide current, complete and accurate purchase information for all purchases made at our store. You agree to promptly update your information, including your email address so that we can complete your transactions and contact you as needed.

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 of these websites and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services of third-parties.

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.

Personally Identifiable Information (PII)
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

Errors, Inaccuracies and Omissions
Occasionally there may be information on our site 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 our information is inaccurate, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on any third-party website.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using Thinking Body Institute Media (https://tbi-media.org/): (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 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 any related website, other websites, or the Internet. We reserve the right to terminate your use of our website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

You expressly agree that your use of our products is at your sole risk. All products delivered to you through our site 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 expressed or implied, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Thinking Body Institute Media, our directors, officers, employees, 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 products procured using our website, or for any other claim related in any way to your use of 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 our site, even if advised of their possibility. Because several 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.

Indemnification
You agree to indemnify, defend and hold harmless Thinking Body Institute Media and our parent, subsidiaries, directors, service providers, subcontractors, 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability
In the event that any provision of these Terms and Conditions 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 and Conditions. Such a determination shall not affect the validity and enforceability of any of the other remaining provisions.

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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website, 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 provision of these Terms and Conditions, 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).

Entire Agreement
The failure to exercise or enforce any right or provision of these Terms and Conditions by Thinking Body Institute Media shall not constitute a waiver of such right or provision.

These Terms and Conditions and any associated policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of our 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 and Conditions).

You can review the most current version of the Terms and Conditions at any time on this page. Any new features or tools which are added to the current store shall be subject to the Terms and Conditions. We reserve the right to update, change or replace any part of these Terms and Conditions. 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. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Contact Information
Questions about the Terms and Conditions should be sent to us by using our secure Contact Form.


Last updated November 2018.