MINDSTRONG - Privacy Policy

This Privacy Policy ("Policy") describes the information that The Rock Star Academy Inc. (doing business as “Dustin Hogan Wellness,” “Therapy For Dudes”, and “MindStrong”) and each of its affiliates (in each case, any of them could be referred to as “us”, “we” and “our”) collects through its websites, and during any user interaction of MindStrong’s products and services which MindStrong may offer from time to time (collectively referred to as the “Services”), and through any affiliated mobile applications or communication platforms related to the website, or in connection with any goods or services rendered through or related to any of the foregoing (collectively, the "Website") and how we use and protect it and the choices you can make about your information. Throughout this Policy, “information” includes personal information we may collect about you.  By clicking the “I accept” or “I agree” acknowledgment box to accept this privacy policy when you enter the Website, or by agreeing to purchase our Services and this Policy is incorporated by reference to those Services’ terms and conditions, you confirm that you accept this Policy and agree that it will apply to your use of the Website. 

PLEASE READ THIS POLICY CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, DO NOT USE OR VISIT ANY PORTION OF THE WEBSITE. BY USING OR VISITING THE WEBSITE, YOU AGREE TO THE TERMS OF THIS POLICY.  

CONTACT INFORMATION: Please contact us with any inquiry as follows: [email protected].

INFORMATION WE COLLECT

We may collect the following types of information in the manner described below.

  1. We collect information from and about you when you visit or use the Website.  The following are examples of ways in which you can visit or use the Website, without limitation:

- To provide contact and personal information (for example, full name, address, email address, telephone number, date of birth, gender, occupation, medical information and history, and any other personal information you provide to us, including any text, or other content, account details, credit card payment information, information for transactions with us and/or a third party through the Website, statistical data about your usage of the Website, information provided in connection with products and services, and any other demographic information;

- Information when you contact or otherwise interact with MindStrong, its other users in any community forums or in user’s use of the Services, or through any third-party service providers (“Service Providers”), including emails, direct messages, community forum posts, and your communications with the Website and MindStrong personnel); or

- Information when you engage in any services rendered from the Website or from MindStrong.

  1. We can receive information from or about you through any other individuals or third parties, which information can be used as described in this Policy.

  1. We can automatically collect other information about you, including, without limitation: Operating system; Browser type; Your Internet Protocol (IP) address; Domain name of your Internet service provider; Your geographic location; The website you visited before browsing to the Website; The Website pages that you visit and the time of your visits; and Aggregate Information (defined below) that cannot be used to specifically identify you when you use or visit the Website. 

  1. We can collect information about you from publicly accessible sources.

  1. We can combine any of the information we collect from or about you and use it in the manner described in this Policy.

YOUR CONSENT TO COLLECT, PROCESS, TRANSFER AND DISCLOSE YOUR PERSONAL INFORMATION

It is important to us that we collect, process, use and disclose your personal information where we have your express consent to do so.

USE OF THE WEBSITE AND YOUR AGREEMENT AND ACKNOWLEDGMENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY CONSTITUTE YOUR EXPRESS CONSENT FOR THE COLLECTION, PROCESSING AND TRANSFER OF YOUR PERSONAL INFORMATION. 

We may seek your additional consent at the time that we collect certain sensitive categories of personal information.  In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information.  If we plan to use or disclose your personal information for a purpose not previously identified (either in this Policy or separately), we will endeavour to advise you of that purpose before such use or disclosure.

As we have described above, you consent that we may collect, use or disclose your personal information where we are permitted or required to do so by applicable law or rules governing MindStrong’s professional conduct.

In the performance of our services, all efforts are used to preserve the confidentiality of your personal and medical information, provided that such an obligation shall not apply in the following cases:

- a valid court order/subpoena;

- perceived risk of imminent danger to yourself or others;

- current or suspected abuse or neglect of a child or a vulnerable adult; or

- the user directs MindStrong to share information with another person.

You understand that you have the right to withdraw consent to collecting and if required, disclosing your personal information, at any time by contacting [email protected]. However, the withdrawal of consent will affect MindStrong’s ability to provide you with the Website and the Services.

HOW WE CAN USE YOUR INFORMATION

We can use the information that we collect for the following purposes, including: 

∙ The purposes for which you provided it, including the performance of the Services; 

∙ To provide the Website to you, including any notifications or updates relating to the Website and its services, including any marketing materials or other relevant information about MindStrong or its partners; 

∙ To respond to your inquiries and comments (for example, regarding support or other requests); 

∙ To send you information about your relationship or transactions with us; 

∙ To notify you about changes to the Website, our policies, terms or any products or services we offer or provide through it;

∙ To improve the Website or to develop new products and services; 

∙ To identify you as a user of the Website; 

∙ For testing, research, analysis and product and service development that we or a third party can perform regarding the Website (for example, user base and Website usage). Any parties performing this research may not publish any research results so that identifying information would be revealed or that any specific user could be detected; 

∙ To create anonymous data or de-identified data, which we or a third party can do and which we or a third party can use for any purpose; 

∙ To aggregate data, which we or a third party can compile, and which we or a third party can do and can use for any purpose; 

∙ To analyze how you use the Website and to analyze the Website, which we or a third party can do; 

∙ To allow us to personalize and enhance your experience using the Website; 

∙ To contact you via telephone, email, text message, Website notifications, via the community forum, or any other electronic communication;

∙ To allow you to participate in interactive features on our Website;

∙ To carry out our obligations and enforce our rights arising from any agreements entered into between you and us;

∙ To investigate, and deter against fraudulent, unauthorized, or illegal activity and otherwise protect our users and our business; 

∙ To administer and troubleshoot the Website; 

∙ In any other way we can describe when you provide the information; and

∙ As otherwise stated in this Policy.

Why Do We Collect Personal Information? 

MindStrong collects personal information to enable us to manage, maintain, and develop our operations, including for example:

- to provide customized and user-specific Services, that addresses user needs and considerations;

- to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;

- to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services; 

- to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;

- to create Aggregated Information (as defined below) for the purposes of: (i) meeting our users’ requests; and/or (ii) developing new or improving existing products and services;to be able to comply with your requests;

- to enable us to comply with applicable laws or regulatory processes; and any other reasonable purpose to which you consent.

We may share anonymized Aggregated Information with third parties (including any Service Providers, contractors or subcontractors) for the purposes of managing, maintaining, and developing our operations, or in connection with our provision of goods and services to you.  For the purpose of this Privacy Policy, "Aggregated Information" arises from the compilation, combination and/or analysis of information from multiple sources on an aggregated basis (so as to prevent identification of personal information relating to any one individual) in order to identify or create, for example, trends, benchmarks, reports, summary metrics, predictive algorithms, products and/or services.

HOW WE CAN DISCLOSE YOUR INFORMATION 

We can disclose information to third parties in accordance with this Policy:

  1. To our staff members in order to perform and deliver the Services.

  1. Subsidiaries and Affiliates.  We can also share your information with any subsidiary or affiliate of ours for purposes consistent with this Policy.  Any subsidiary or affiliate of ours will be required to maintain that information in accordance with this Policy.

  1. Investigations and Law. Regardless of any choices you make regarding your information (as described below) and to the extent permitted by applicable law, we can disclose information about you to third parties to: 

∙ a valid court order/subpoena;• perceived risk of imminent danger to yourself or others;• current or suspected abuse or neglect of a child or a vulnerable adult; or• the user directs the Service provider to share information with another person.

  1. Website Analysis. We or a third party can analyze how you use the Website and can analyze the Website. 

  1. Aggregate, Anonymous and De-Identified Data. We can share aggregate, anonymous or de-identified data relating to visitors to and users of the Website with any third party for any purpose. 

  1. At Your Request. We can share your information with any other individual or third party or Service Provider at your request.

 

  1. With Your Consent. We can share your information other than as described in this Policy if we notify you and you expressly consent to the sharing thereof. 

  1. Cookies and Other Technologies; Do Not Track. Please see “Cookies and Other Technologies; Do Not Track” below.

COOKIES, MARKETING PIXELS AND OTHER TECHNOLOGIES; DO NOT TRACK

We, along with third parties, use cookies, marketing pixels, application analytics software and other technologies. These technologies are used for tracking, analytics and personalization and optimization of the Website. We may use any of the items below:

1. Cookies. Cookies are small text files that are stored on your computer (for greater certainty, “computer” shall also refer to any tablets, smartphones or any other similar devices).  ∙ Persistent cookies remain on the visitor’s or user’s computer after the browser or Website has been closed. ∙ Session cookies exist only during a visitor’s or user’s online session and disappear from the visitor’s or user’s computer when they close the browser software. You can instruct your browser to stop accepting cookies. But if you do not accept cookies, you may be unable to use all portions or all functionality of the Website. 

2. Web Beacons. Web beacons or tags (small images embedded into websites or emails that send information about your computer when you visit the Website, or open an email we send to you) can be used either by us or a third party.

3. Marketing pixels, aka “tracking pixels”, are small code files that allow MindStrong to gather information about visitors on the Websites—how they browse, what type of ads they click on, etc.

4. Flash Cookies or Local Shared Objects. We can use flash cookies or Local Shared Objects.

5. Third parties can collect personally identifiable information about an individual user's online activities over time and across different Internet services when a user uses the Website. 

6. Please refer to “Google Analytics” policies for more information regarding online tracking.

7. Do Not Track. At this time, we do not respond to “Do Not Track” signals sent from Web browsers or other mechanisms that provide users with the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across third-party Internet services. 

SECURITY

MindStrong endeavours to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question.  These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. While we take reasonable administrative, technical and physical measures to protect the information you submit via the Website help protect the information you submit via the Website from accidental or unlawful destruction, loss or alteration and from unauthorized access, use, or disclosure, we cannot guarantee its absolute security. No Internet or electronic communication transmission is ever fully secure or error-free. Internet or electronic communications, including those sent through the Website, may not be secure. Unfortunately, we cannot guarantee complete security: for example, (i) unauthorized access use, or disclosure, (ii) hardware or software failure, and (iii) other events may compromise the security of your personal information at any time.  You should use caution whenever submitting information through the Website and take special care in deciding which information you provide us with.

USER-SUBMITTED CONTENT AND COMMUNITY FORUMS

If you choose to submit content, comments, or other materials to the MindStrong community forums or other interactive areas of the Website, you acknowledge that such content may be visible to and accessed by other users. You understand and agree that any personal information or other content you voluntarily share in these public or shared spaces is not subject to the safeguards outlined above and may be read, collected, and used by others. MindStrong does not monitor or moderate user-submitted content unless where a user flags an issue, and is not responsible for the information you choose to make publicly available. You assume all risks associated with your disclosure of personal or sensitive information in these areas, and you release MindStrong from any liability related to such disclosures.

INTERNATIONAL TRANSFERS AND STORAGE OF PERSONAL INFORMATION

MindStrong is based in Canada, and your personal information, including any content you submit through the Website or our community forums, may be collected, stored, accessed, or otherwise processed in Canada or in other jurisdictions where we or our affiliates and third-party service providers maintain operations. These jurisdictions may have different data protection laws than your country of residence, and in some cases may not be deemed to provide the same level of protection. By using the Website and submitting your personal information, you acknowledge and consent to the transfer, processing, and storage of your personal information in Canada and in such other jurisdictions, in accordance with this Privacy Policy.

If you are a California resident, you may have the right under the California Consumer Privacy Act (CCPA) to request access to, deletion of, or further information about how we use and share your personal information. You may also have the right to opt out of the “sale” or “sharing” of your personal information (as defined under CCPA). While MindStrong does not sell personal information in the conventional sense, you may exercise your rights at any time by contacting us at [email protected]  or via the methods described in the “Access to your Personal Information” section below.

If you are located in the EEA, UK, or Switzerland, you may also have the right to withdraw your consent, request access to your personal information, request rectification or erasure, object to processing, or request data portability. To exercise these rights, please contact us at [email protected] or via the methods described in the “Access to your Personal Information” section below.

LINKS TO OTHER WEBSITES 

This Policy applies only to the Website. The Website may contain links to other websites to which this Policy does not apply. The links from the Website do not imply that we endorse or have reviewed these websites. The policies and procedures we describe here do not apply to these websites. We neither can control nor are responsible for the privacy practices or content of these websites. We suggest reviewing the privacy policies of these websites.

ACCESS TO YOUR PERSONAL INFORMATION

You can ask to see your personal information.  If you want to review, verify or correct your personal information, please contact us at [email protected].  Please note that any such communication must be in email form.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you.  We may charge you a fee to access your personal information; however, we will advise you of any fee in advance.  If you require assistance in preparing your request, please contact us at [email protected]. 

Your right to access the personal information that we hold about you is not absolute.  There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you.  In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.  In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.  

YOUR CHOICES REGARDING YOUR INFORMATION

You have choices regarding the use of information on the Website. 

1. Changing Your Information. You can make changes to your information, including accessing your information, correcting or updating your information by contacting us at [email protected]. 

2. Email and App Notifications Communications. You can make changes regarding receiving email and App notifications from us by changing your account settings in the Website.

3. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above. 

4. Retention. We will retain your information for as long as you use the Website and in accordance with the terms of this Policy, and in accordance with applicable laws governing the storage and retention of personal information.

CHILDREN 

We do not knowingly collect personal information from individuals under the age of 18, unless we have obtained parental or guardian consent. If you are under the age of 18 and your parent or guardian has not consented to your use of the Website or our services, please do not access, use, or submit any personal information through the Website. If you have reason to believe that we may have accidentally received personal information from an individual under age 18, please contact us immediately at [email protected].

REVISIONS TO THIS PRIVACY POLICY

MindStrong from time to time, may make changes to this Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information.  We will post any revised version of this Policy on the Website, and we encourage you to refer back to it on a regular basis.  

This Policy was last updated on April 14, 2025.  

Interpretation of this Privacy Policy

This Policy does not create or confer upon any individual any rights, or impose upon MindStrong any rights or obligations outside of, or in addition to, any rights or obligations imposed by any applicable federal, state, provincial or international privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Policy and the applicable laws, this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such applicable privacy laws. 

MINDSTRONG - WEBSITE AND SERVICES TERMS OF USE

The Rock Star Academy Inc. (doing business under the names “Dustin Hogan Wellness,” “Therapy for Dudes” and “MindStrong”) and each of its affiliates (collectively "MindStrong") welcome you to its websites (including those websites using the various trade names and business names which MindStrong may use from time to time, and which websites include those used for marketing or information purposes, or for the delivery of Services (defined below) from MindStrong to you) and any affiliated online products and services which MindStrong may develop and offer from time to time (collectively, the “Services”), as well as mobile applications or communication platforms related to the websites (altogether, the "Website").  The following sets out the terms and conditions under which you may access and use the Website, and the information and materials contained therein. By accessing the Website, “you”, the “User” of the Website, are agreeing to be bound by these “Terms of Use”.  If you do not agree with these Terms of Use, you may not access or use the Website, or any information or materials contained therein.

The Website and the information contained therein (including changes to these Terms of Use) may be changed or updated from time to time without notice.  It is your responsibility to check for such changes.  MindStrong may revise, supplement or delete any video content, audio content, user-submitted content, written or graphical materials, information, the resources contained in the Website, and any products or services rendered through the Website, including any program materials related to the Services on the Website (collectively, the “Content”), and reserves the right to make such changes without prior notification to past, current or prospective visitors. If you do not agree with any amendment you must stop using and accessing the Website.  Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. Although MindStrong believes this information to be correct at the time it is posted, MindStrong does not warrant the accuracy, completeness or currency, or fitness for any purpose whatsoever, of this Content at all times and MindStrong cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness, or fitness for any purpose whatsoever, of the Content.  

You may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to, or accessible through, the Website. You may only use the Website for lawful purposes.

1. LIMITED LICENSE

Subject to these Terms of Use, you are granted a non-exclusive, limited, non-transferable, freely revocable license only to display the Content contained in the Website for your own personal, non-commercial use, provided that such Content is not modified and that copyright and other intellectual property notices are not altered or deleted.  You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any Content contained in the Website in any manner or form whatsoever. Unless you have entered into a separate agreement with MindStrong, any other use of such materials or information without MindStrong’s written permission is prohibited, and all title and copyrights to the Content are owned by MindStrong. MindStrong may terminate this license at any time for any reason and no reason.

2. MINDSTRONG ACCOUNTS

Your MindStrong account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You may never use another User's account. You must notify MindStrong immediately of any breach of security or unauthorized use of your account. MindStrong will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the MindStrong Service by changing the settings in your profile page. By providing MindStrong your email address you consent to our using the email address to send you MindStrong Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the MindStrong Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

3. MINDSTRONG SERVICE RULES

You agree not to engage in any of the following prohibited activities: (i) downloading, copying, distributing, or disclosing any part of the MindStrong Website in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the MindStrong Website in a manner that sends more request messages to the MindStrong servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that MindStrong grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the MindStrong Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations); (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the MindStrong Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the MindStrong Website; (vii) collecting or harvesting any personally identifiable information, including, but not limited to, account names, from the MindStrong Website; (viii) using the MindStrong Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the MindStrong Website; (xi) accessing any content on the MindStrong Website through any technology or means other than those provided or authorized by the MindStrong Website; (xii) modify, disassemble, decompile or reverse engineer the MindStrong Website, except to the extent that such restriction is expressly prohibited by law; (xiii) use the MindStrong Website in violation of applicable law; (xiv) use the MindStrong Website to harass or abuse another User; (xv) bypassing the measures we may use to prevent or restrict access to the MindStrong Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the MindStrong Website or the content therein; or (xvi) commit any act or omission that in MindStrong’s reasonable discretion, may represent a security risk to MindStrong, its data and systems, or to its Users.

4. PROPRIETARY RIGHTS

For the purposes of these Terms of Use, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any municipality, province, state, country, territory or other jurisdiction.

Except for your User Content (defined below), the MindStrong Website and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "MindStrong Content"), and all Intellectual Property Rights related thereto, are the exclusive property of MindStrong and its licensors (including without limitation other Users who post User Content to the MindStrong Website). Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MindStrong Content. Use of the MindStrong Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the MindStrong Website, including without limitation about how to improve the MindStrong Website or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MindStrong under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MindStrong does not waive any rights to use similar or related ideas previously known to MindStrong, or developed by its employees or contractors, or obtained from sources other than you.

5. DISCLAIMER OF ALL WARRANTIES – USE OF CONTENT ON AN AS-IS, WHERE-IS BASIS

THE WEBSITE AND MINDSTRONG CONTENT ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSIONAL HEALTHCARE SERVICE, INCLUDING THE GIVING OF MEDICAL ADVICE. NO DOCTOR-PATIENT, THERAPIST-PATIENT, OR COUNSELLING RELATIONSHIP IS FORMED BY YOUR ENGAGEMENT WITH THE MINDSTRONG CONTENT. THE INFORMATION AND MATERIALS PROVIDED THROUGH THE WEBSITE AND THE MINDSTRONG CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND ARE TO BE USED AT THE USER’S SOLE RISK. THEY ARE NOT INTENDED TO BE, AND SHOULD NOT BE CONSIDERED, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

MindStrong does not provide medical or psychological services, and none of the MindStrong Content should be relied upon as such. Users should never disregard, delay, or avoid seeking medical advice or treatment from a qualified healthcare provider because of any content or interaction on the Website. If you have or suspect you may have a medical condition, mental health concern, or other issue requiring clinical attention, you should promptly contact a licensed healthcare professional.

MindStrong offers a variety of coaching-related products and services designed to support personal development. Coaching is not a medical, psychological, or therapeutic service, and it is not a substitute for counselling, psychotherapy, psychiatric care, or any other professional mental health service. MindStrong does not provide medical or psychological diagnoses, treatment plans, or crisis intervention.

By using the Website, you expressly acknowledge and agree that MindStrong is not responsible for any decisions or actions you take based on the information provided and that MindStrong expressly disclaims, to the fullest extent permitted by law, any and all liability related to the use of the Website, the MindStrong Content, or any reliance thereon.

6. PRIVACY

Our Privacy Policy is attached to these Terms of Use.  Use of the Website requires you to agree to the terms and conditions of our Privacy Policy.

7. CONTENT THAT YOU SHARE WITH US

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the MindStrong Website, on any of our blogs, social media accounts, community forums, or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any MindStrong promoted hashtag (collectively "User Content"), shall be deemed nonconfidential and nonproprietary. You understand that certain portions of the MindStrong Website may allow other Users to view, edit, share, and/or otherwise interact with your User Content

By providing or sharing User Content through the MindStrong Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms of Use.  WE CLAIM NO OWNERSHIP RIGHTS OVER THE USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS. However, by submitting or posting any User Content, you hereby expressly grant to MindStrong and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the MindStrong Website and MindStrong's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MindStrong Website (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you.

Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You also hereby grant each User of the MindStrong Website a non-exclusive license to access your User Content through the MindStrong Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the MindStrong Website and under these Terms of Use.

By submitting or posting User Content on the MindStrong Website, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:

i) you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms of Use, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;

ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;

iii) your User Content and MindStrong's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;

iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files;

v) MindStrong may exercise the rights to your User Content granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise, and you agree to indemnify and hold harmless MindStrong for any third party or User claims against MindStrong in respect of any of the foregoing amounts; and

vi) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

You are solely responsible for the User Content and you hereby agree to indemnify and hold MindStrong and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

MindStrong does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or any other User. By submitting or posting the User Content you fully and unconditionally release and forever discharge MindStrong, its affiliates and  each of their respective officers, directors, employees, contractors, agents and representatives from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more Users or any other person or entity, or (ii) the use by MindStrong or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms of Use violates any of your or any third party’s Intellectual Property Rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity.

You acknowledge and agree that MindStrong has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content. In MindStrong’s community forums, MindStrong acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If MindStrong becomes aware of any User Content that allegedly may not conform to these Terms of Use, MindStrong may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use.Upon request by MindStrong, you will furnish MindStrong any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

MindStrong has no liability or responsibility to Users for performance or nonperformance of such activities.

MINDSTRONG HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST MINDSTRONG FOR SUCH REMOVAL AND/OR DELETION. MINDSTRONG IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE MINDSTRONG WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE MINDSTRONG WEBSITE OR ANY OTHER SITES OR PLATFORMS.

8. COMMUNICATIONS THROUGH THE WEBSITE / E-MAIL / SMS

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  MindStrong is not liable for any damages related to communications to, or from, the Website.  You agree with respect to any information provided by you to us through the Website or via e-mail that:

- MindStrong has no obligation concerning such information; 

- the information is non-confidential; 

- MindStrong may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and 

- the information is truthful, and disclosure of the information does not violate the legal rights of others.

9. LINKS TO THIRD PARTY WEBSITES

MindStrong does not control any third-party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. MindStrong provides such links only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by MindStrong of the linked website or information contained therein, and MindStrong does not make any representations regarding the privacy practices, content or accuracy of materials on such third-party sites.

10. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on the Website.  Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

MindStrong shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website.  MindStrong recommends that you install appropriate anti-virus or other protective software.

11. DISCLAIMER OF WARRANTIES

THE WEBSITE, AND ALL CONTENT, MATERIALS AND INFORMATION CONTAINED THEREIN, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" AND ARE USED BY YOU AT YOUR SOLE RISK.  MINDSTRONG MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MINDSTRONG HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE. IN ADDITION, WITHOUT LIMITING THE FOREGOING, MINDSTRONG DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  MINDSTRONG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE WEBSITE.

12. EXCLUSION OF LIABILITY

AS ABOVE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND CONTENT, INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MINDSTRONG OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN EVERY EVENT, BY USING OUR WEBSITE AND MINDSTRONG CONTENT, YOU AGREE THAT MINDSTRONG’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PRECEDING SIX MONTHS OF THE APPLICABLE CLAIM OR ONE HUNDRED  ($100.00) CANADIAN DOLLARS.  THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR MINDSTRONG TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY MINDSTRONG, MINDSTRONG WOULD NOT PROVIDE THE WEBSITE OR MINDSTRONG CONTENT WITHOUT CHARGING SUBSTANTIAL FEES. 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

You agree to indemnify and hold MindStrong and its officers, directors, shareholders, predecessors, successors, assigns, employees, and agents harmless against all claims or liability asserted against MindStrong arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

14. GENERAL

MindStrong is headquartered in Alberta, Canada and the Website is controlled, operated and administered by MindStrong from Alberta, Canada. The Website can be accessed from all areas of Canada, United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Canada and the United States, by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the province of Alberta and those of Canada applicable therein (without reference to conflicts of laws principles).  You agree that any legal action or proceeding between you and MindStrong which in any way concerns these Terms of Use or the use of the Website or any materials or information contained therein shall be brought exclusively in the courts in the Province of Alberta, in the city of Calgary.  You irrevocably waive any objection, including any based on the doctrine of forum non conveniens, to the exclusive jurisdiction and venue of such courts. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against MindStrong relating to any such dispute and you also agree to opt out of any class proceedings against MindStrong.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief. Notwithstanding the foregoing, any dispute, controversy or claim arising out of or relating to these Terms of Use or the use of the Website shall be resolved by final and binding arbitration administered in accordance with the Alberta Arbitration Act. The arbitration shall be conducted in the City of Calgary, Alberta, before a single arbitrator mutually agreed upon by you and MindStrong. If the parties are unable to agree on an arbitrator within thirty (30) days of notice of arbitration, the arbitrator shall be appointed in accordance with the Alberta Arbitration Act.

The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding, and enforceable in any court of competent jurisdiction. MindStrong makes no representation that access to the Website or that the information contained therein is appropriate or legal in all jurisdictions.  You may not access the Website or use any information in those jurisdictions where it would be illegal.  In any case, your access to the Website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.MindStrong’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.Sections 4, 5, 6, 7, 11, 12, 13 and 14 shall survive any termination, expiry or subsequent amendment of these Terms of Use.

15. CONTACT INFORMATION:

MindStrong (a trade name of The Rock Star Academy Inc.) at [email protected]. LAST UPDATED: April 14, 2025

MINDSTRONG SUBSCRIPTION FORM

In consideration of the mutual promises set forth in this Subscription Form (“Subscription”), the receipt and adequacy of which is acknowledged by the undersigned (“User”) and The Rock Star Academy Inc. (doing business as “Dustin Hogan Wellness,” “Therapy for Dudes” and “MindStrong”, and with User, the “Parties” and “Party” means any one of them), the Parties agree as follows:

  1. Description of the Services. During the Term (defined below) of the Subscription, MindStrong will provide the following Services: i) access to the MindStrong program materials, including audio recordings, videos, text, interactive workbook materials and a weekly success planner; b) access to the MindStrong private online community forum; c) access to the MindStrong monthly live Q&A masterclass; and d) any other products or services which MindStrong may offer from time to time during the Term (collectively, the “Services”). MindStrong reserves the right, in its sole discretion, to modify, replace, or discontinue any aspect of the Services from time to time, provided that any such changes do not materially diminish the overall value of the Subscription.

  1. Incorporation by Reference. The Subscription shall be governed by and shall incorporate by reference each of the following documents: i) MindStrong – Website and Services Terms of Use; and ii) MindStrong - Privacy Policy (the “MindStrong Contract Documents”). User’s breach of any of the MindStrong Contract Documents shall be a breach of this Subscription. In the event of conflict between the provisions of this Subscription and the MindStrong Contract Documents, the applicable MindStrong Contract Document shall govern in the order of precedence listed above.

  1. Term. If User elects the Month-to-Month Option: The Parties agree that the “Term” of the Subscription will be month-to-month commencing upon User’s agreement to this Subscription and may be terminated for convenience by User upon 30 days’ prior written notice, except that User may early terminate the Term for convenience within the first 14 days of User’s agreement to the Subscription (the “Trial Period”), whereby if User terminates the Term on or before the expiration of the Trial Period, User shall be entitled to a full refund of the Fees remitted hereunder. MindStrong may early terminate the Subscription with immediate effect upon a material breach by User of any of its obligations under the MindStrong Contract Documents, and User shall not be entitled to any pro-rated refund for any prepaid Services.

If User elects the Six-Month Option: The Parties agree that the “Term” of the Subscription will be six (6) months commencing upon User’s agreement to this Subscription and may be terminated for convenience no later than 14 days of User’s agreement to this Subscription (the “Trial Period“). If User early terminates the Term on or before the expiration of the Trial Period, User shall be entitled to a full refund of the Fees remitted hereunder. MindStrong may early terminate the Subscription with immediate effect upon a material breach by User of any of its obligations under the MindStrong Contract Documents, and User shall not be entitled to any pro-rated refund for any prepaid Services. The Term shall automatically renew for subsequent recurring one-month renewal terms, provided that User may terminate this Subscription upon the next renewal date by delivering notice to terminate no later than 2 business days preceding the next renewal date of the Term.

  1. Subscription Fee. All references to currency in this Subscription and on the MindStrong “Website” are in United States dollars.

If User elects the Month-to-Month Option: : User shall pay the listed price on the checkout page of the Website attributable to the monthly rate, plus applicable taxes, for each month in the Term (“Fees”), provided that MindStrong may amend the Subscription Fees payable upon 30 days’ prior notice.

If User elects the Six-Month Option: User shall pay the listed price on the checkout page of the Website attributable to the six-month rate, plus applicable taxes, for the initial six-month period in the Term (“Fees”). In any month-to-month recurring renewal term, User shall pay the listed price on the checkout page of the Website attributable to the monthly rate, plus applicable taxes, provided that MindStrong may amend the Subscription Fees payable upon 30 days’ prior notice.

If User cancels its Subscription before the end of the next billing period, any pre-payments made by User for the applicable period shall be non-refundable, provided that User shall continue to have access to its pre-paid Services until the end of the billing cycle and expiration of the Term.

  1. Pre-Authorization for Debit. User authorizes MindStrong to collect all Fees through Stripe, Inc. (“Stripe”) or another authorized third-party payment processing service designated by MindStrong (each, a “Payment Processor”). User agrees to comply with the terms of use, privacy policy, and any other applicable policies of the Payment Processor, which are incorporated by reference to the extent necessary to facilitate payment. User acknowledges and agrees that MindStrong is not responsible for any acts or omissions of the Payment Processor and that payment processing services are provided directly by such third party and not by MindStrong.

By providing payment information, User authorizes the Payment Processor, on behalf of MindStrong, to charge the indicated credit card or bank account for all Fees as they become due, including recurring charges if applicable. User represents and warrants that all payment information provided to the Payment Processor is true, current, and complete and that User is authorized to use such payment method. User agrees to promptly update MindStrong and the Payment Processor of any changes to the payment information.

This authorization will remain in effect for the duration of the Term and until all Fees are paid in full. User acknowledges that User will cease to have access to the Services in the event of a failed or declined transaction, including but not limited to chargebacks, insufficient funds, or expired payment methods.

The authorization granted in this provision relates solely to the method of payment and shall not be construed to alter, modify, or extend any other contractual obligations between the parties with respect to the goods or services provided under this Agreement.

  1. Independent Contractor. In providing the Services, it is expressly agreed that MindStrong is acting as an independent contractor and not as an employee of User. MindStrong and User each acknowledge that this Subscription does not create a partnership or joint venture or employer-employee relationship between them and is exclusively a contract for goods and services.

  2. Notices. All notices, requests, demands or other communications required or permitted by the terms of this Subscription will be given in writing and delivered by email to the Parties at the following addresses: to User using the email attached to User’s MindStrong account; and to MindStrong at [email protected].

A notice is deemed received by email by the receiving Party one business day from the sending Party’s transmission.

  1. Limitations of Liability. WITHOUT LIMITATION TO ANY OF THE INDEMNITIES AND LIMITATIONS OF LIABILITY SET FORTH IN THE MINDSTRONG CONTRACT DOCUMENTS, BY AGREEING TO THIS SUBSCRIPTION, USER AGREES THAT MINDSTRONG SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INTERNET SERVICE PROVIDER, VIDEO CONFERENCE SERVICE PROVIDER OR SYSTEM IN CONNECTION WITH THE DELIVERY OF THE SERVICES, AND MINDSTRONG THEREFORE MAKES NO WARRANTIES IN CONNECTION THEREWITH. USER AGREES TO RELEASE, INDEMNIFY AND HOLD MINDSTRONG HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ALL CLAIMS, PERSONAL INJURIES, DEATH, LOSS OF PROPERTY, DAMAGES, EXPENSES, FEES INCLUDING ATTORNEY FEES, COSTS AND JUDGMENTS THAT MAY BE ASSERTED AGAINST MINDSTRONG, TO THE EXTENT THAT SUCH LOSSES OR DAMAGES WERE CAUSED BY ANY ACT, FAILURE TO ACT, ERROR, OMISSION, BREACH OF CONTRACT, OR NEGLIGENCE OF USER IN CONNECTION WITH THIS SUBSCRIPTION. IN THIS SUBSCRIPTION, NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, LIQUIDATED OR CONSEQUENTIAL DAMAGES, INCLUDING IN RESPECT OF LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF PROFIT, OR PUNITIVE OR EXEMPLARY DAMAGES. USER’S AGREEMENT TO THE LIMITATION OF ITS ABILITY TO PURSUE ANY USER’S CLAIMS IS A NECESSARY INDUCEMENT FOR MINDSTRONG TO ENTER INTO THIS SUBSCRIPTION.

USER AGREES AND ACKNOWLEDGES THAT IT IS IMPOSSIBLE FOR MINDSTRONG TO GUARANTEE ANY SPECIFIC RESULTS ARISING FROM THE SERVICES. MINDSTRONG THEREFORE DOES NOT GUARANTEE AND MAKES NO WARRANTIES THAT THE SERVICES PROVIDED HEREUNDER WILL MEET ANY SPECIFIC INTENDED RESULTS.

  1. Publicity. With User’s prior written consent, User may allow MindStrong to use User’s name and likeness, along with any images or success stories as part of MindStrong’s public portfolio.

  1. Amendment. Any amendment or modification of this Subscription or additional obligation assumed by either Party in connection with this Subscription will only be binding if evidenced in writing executed by all of the Parties.

  1. Time of the Essence. Time is of the essence in this Subscription. No extension or variation of this Subscription will operate as a waiver of this provision.

  1. Assignment – Subcontractors. User may not assign this Subscription or allow any other person to access the Services without the prior written consent of MindStrong, in MindStrong’s sole and unfettered discretion. MindStrong may subcontract, assign and transfer any portion of its obligations and the performance of the Services hereunder to a subcontractor upon prior notice to the User.

  1. Entire Agreement. This Subscription, together with the MindStrong Contract Documents that are incorporated by reference herein, constitute the entire agreement between the Parties, represent the final expression of the Parties’ intent and agreement relating to the subject matter of this Subscription, contain all the terms and conditions that the Parties agreed to regarding the subject matter, and replaces and supersedes all prior discussions, presentations, pdfs, emails, verbal conversations, understandings, agreements, negotiations, representations made (whether verbal, written or in digital form) and any and all prior written agreements between the Parties.

  1. Independent Legal Advice. Each of the Parties represents, warrants, and agrees that it has received or been advised to seek independent legal advice from its attorneys with respect to the advisability of executing this Subscription, and by their execution of this Subscription, acknowledge that they have had the opportunity to obtain legal counsel or to waive that opportunity.

  1. Inurement. This Subscription will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

  1. Titles/Headings. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Subscription.

  1. Choice of Law. This Subscription shall be governed and construed in accordance with the laws of the Province of Alberta, Canada, excluding and without regard to any choice-of-law principles, and all claims relating to or arising out of this Subscription, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Province of Alberta, Canada, excluding and without regard that any choice-of-law principles.

  1. Severability. The Parties agree that this Subscription is fair and reasonable. However, if any provision of this Subscription is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording was deleted, then such provision shall apply with such deletions as may be necessary to make it valid and the remaining provisions shall remain in full force and effect and this Subscription shall be enforced in such manner as carried out as closely as possible the intent of the Parties hereto.

  1. Waiver. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Subscription by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

  1. Survival. The provisions of this Subscription other than Sections 1, 3, 4, 5 and 9 shall survive the termination of this Subscription indefinitely.

  1. Force Majeure. Either Party shall be excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event as defined herein, as long as the nonperforming Party complies with its obligations as set forth below.

For purposes of this Subscription, “Force Majeure Event” means any event, circumstance, occurrence, or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within the reasonable control of, the nonperforming Party, and b) prevents the nonperforming Party from its obligations under this Subscription. Such events may include but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, power outage, cybercrime, pandemic, ordinances or regulations; strikes, lockouts or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature. The inability to pay monies owed when due under this Subscription shall not constitute a Force Majeure Event.

  1. Counterparts. The Parties agree that this Subscription, including the MindStrong Contract Documents incorporated by reference, shall be binding upon User upon the User’s affirmative acceptance through a valid click-wrap process. By clicking “I agree,” “Accept,” or taking any other clearly designated affirmative action indicating acceptance, User confirms that they have read, understood, and agreed to the terms and conditions of this Subscription and all referenced documents.

The Parties further acknowledge and agree that execution and delivery of this Subscription may be effected by electronic means, including but not limited to electronic signature platforms or other methods compliant with applicable laws governing electronic commerce and contracting. The Parties expressly recognize that:

In the United States, this provision is enforceable pursuant to the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA);

In Canada, this provision is enforceable under federal and provincial electronic commerce legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and corresponding provincial statutes;

In the United Kingdom, this provision is enforceable under the Electronic Communications Act 2000, the Electronic Identification and Trust Services for Electronic Transactions Regulations (UK eIDAS), and relevant common law principles;

In the European Union, this provision is enforceable under the eIDAS Regulation (Regulation (EU) No. 910/2014) and applicable national implementing laws.

Accordingly, electronic signatures—including those made via click-wrap or through any reputable electronic signature platform compliant with the above laws—shall carry the same legal force and effect as handwritten signatures on paper and shall be fully valid and enforceable in all relevant jurisdictions.

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