Terms & Conditions

By visiting www.iammentallytough.com and/or purchasing any of our services, you 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 & Conditions apply to all users of the website.

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

TERMS OF ENGAGEMENT

You are engaging me as a certified Mental Game Coach. Mental game coaching can be defined as a process that helps athletes learn and master proficiency in their mental skills. To aid in improving the mental game skills of athletes, our website may provide articles, blog posts and tips. Reading this information does not automatically make you a client of IAmMentallyTough.

Our mental game coaching services are not intended to be psychotherapy, psychological therapy, or psychoanalysis. Our coaching services are defined as instruction and education for the purposes of performance enhancement in sports only. Any advice, guidance or instruction given by us is not to be construed as medical or clinical advice. We do not offer any clinical services, nor do any of our services take place inside of a medical clinic.

By using this website or engaging in our services, you understand that Gladine Frasso is not a licensed psychologist or therapist and does not provide psychological services for the treatment of psychiatric problems.

GENERAL CONDITIONS

IAmMentallyTough reserves the right to refuse service to any person or entity, without obligation to assign a reason for doing so.

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 IAmMentallyTough.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

IAmMentallyTough is not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this website is at your own risk. We reserve the right to modify the contents of this website 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 website.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

IAmMentallyTough reserves the right at any time to modify or discontinue the Service without notice at any time.

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

LINKS TO THIRD PARTY WEBSITES

Certain content, products and services available via our website 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.

IAmMentallyTough is 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.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example if we did a giveaway) 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 & Conditions.

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.

PERSONAL INFORMATION

Your submission of personal information through mailing lists and forms is governed by our Privacy Policy.

WARRANTIES
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.

We do not warrant that your results from our services will be the same as another client’s. Every individual is different and results will depend on how well an athlete follows his or her program.

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.

INDEMNIFICATION

You will indemnify and hold IAmMentallyTough harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms & Conditions, or any use by you of the website or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

SEVERABILITY

In the event that any provision of these Terms & 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

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

These Terms & Conditions 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 & Conditions).

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

GOVERNING LAW | MEDIATIONS | VENUE

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Virginia within the United States.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Virginia or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions 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 & Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at IAmMentallyTough@gmail.com