FundaMENTALs Life, Relationships & Career Accelerator™ Terms and Conditions Agreement

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Agreement to Terms

By enrolling in or purchasing access to the FundaMENTALs Life, Relationships & Career Accelerator™(“Program”), you (“Customer”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Agreement”).

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This Agreement is entered into between MindCast LLC, a Pennsylvania Limited Liability Company with a business address at 31 Stonerow Lane, Port Matilda, PA 16870 (“Company”), and you, the Customer.

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This Agreement becomes effective and legally binding upon enrollment and payment for the Program, whether made through the Company’s website or any authorized platform.

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By accessing or participating in the Program, you confirm your consent to these Terms and understand that this electronic agreement carries the same legal effect as a signed written contract.

 

1. SERVICES 

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NATURE OF THE PROGRAM

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The Know Your FundaMENTALs course, created and operated by MindCast LLC and Kelly Berthold, LCSW, is an educational and personal development program.
It is designed to provide general information, skills training, and tools for well-being, relationships, and personal growth.

Participation in this course does not create a therapist–client relationship or any form of psychotherapeutic, medical, or clinical relationship.

 

● FundaMENTALs Life, Relationships and Career Accelerator ("Program"): This is a monthly online-course subscription. 

 

This Program includes the following:

• Access to the online Program on a month-to-month subscription basis (internet access required)

  • Video recordings 

  • Downloadable documents 

  • Downloadable audio recordings

  • Quizzes

  • Questionnaires 

 

2. PROGRAM SUBSCRIPTION TUITION AND PAYMENT
 

These Terms & Conditions (“Terms”) govern your participation in the FundaMENTALs Life, Relationships and Career Accelerator (the “Program”) offered by MindCast LLC (“Company,” “we,” or “us”). By subscribing to the Program, you agree to these Terms.

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1. Subscription & Billing
   By subscribing, you agree to pay a monthly fee of $49 (or the current rate) for access to the Program. Your subscription begins on the date you register and provide valid payment information. Access to the Program is contingent upon timely payment of subscription fees.

2. Payment Information
   You must provide a valid credit card or other accepted payment method to activate your subscription. By providing payment information, you authorize the Company to charge your payment method automatically each month until you cancel your subscription.

3. Cancellation
   You may cancel your subscription at any time through your account settings. Cancellation will prevent future charges but will not retroactively refund fees already billed. Access to the Program will continue until the end of the current billing cycle.

4. Access to Program
   While your subscription is active and payments are up-to-date, you will have full access to the FundaMENTALs Life, Relationships and Career Accelerator. Continued access is contingent upon timely payment of subscription fees.

5. Refund Policy
   Subscription fees are non-refundable. Canceling the subscription stops future billing but does not provide prorated refunds for the current billing period.

6. Modifications
   The Company reserves the right to modify subscription fees or terminate the Program at any time. Any changes will not affect active subscriptions without prior notice.

7. Governing Law
   These Terms shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to conflict of law principles.

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By subscribing, you acknowledge that you have read, understood, and agree to these Terms & Conditions.

 

3. COMMUNICATIONS 

PLEASE READ THIS SECTION VERY CAREFULLY AS WE MAINTAIN TIGHT BOUNDARIES ON COMMUNICATIONS: 

Any communication with Kelly Berthold or MindCast LLC through email, direct message, social media, testimonials, surveys, course feedback, or other written or verbal means is not monitored for crisis situations and should not be used to report emergencies or mental health crises.

If you are in distress or experiencing suicidal thoughts, homicidal thoughts, or any situation involving danger or abuse, please contact 911 or your local emergency line, go to your nearest emergency department, or reach out to the 988 Suicide and Crisis Lifeline immediately (for those living in the United States).

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Customer agrees that all communication between ("Company") and ("Customer") is to  occur only in one way. 

The form of communication for support is via email and the email address the Customer  should use is kelly@knowyourfundamentals.com. Company's office hours are Monday through  Friday 10am-5pm EST, except holidays. Company typically responds to emails within 24-48  hours, excluding weekends and standard holidays. 

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4. LEGALITIES AND RESPONSIBILITIES 

The Customer is responsible for their own Program use, including access to Program and its available materials, and success in Program and its completion. 

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Any technical difficulties or challenges accessing Program materials are the responsibility of the Customer to notify Company immediately to receive prompt support.

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MANDATED REPORTING AND DUTY TO REPORT

Although this course is not therapy, Customer’s acknowledge that Kelly Berthold, LCSW, as a licensed clinical social worker, is a mandated reporter under state and federal law.

This means that if any information is shared—verbally, in writing, through email, social media, course feedback, surveys (including well-being or flourishing questionnaires), or any other form of communication—that gives rise to reasonable suspicion or knowledge of:

1. Child abuse or neglect

2. Elder or dependent adult abuse or neglect

3. Imminent risk of serious harm to self (suicidality)

4. Imminent risk of serious harm to others (homicidality)

—then Kelly Berthold is legally required to make a report to the appropriate authorities or protective services.

Customer understands that this legal duty to report overrides confidentiality and does not constitute a breach of privacy.

Whenever appropriate and feasible, Customers will be informed if such a report must be made, and all actions will be taken in accordance with professional and ethical obligations to promote safety and comply with the law.

 

UNAUTHORIZED USE AND CONFIDENTIALITY NOTICE

By enrolling in this Program, you agree that your login credentials are for your personal use only. Sharing login information, Program content, or any confidential or proprietary materials with individuals who are not paying customers is strictly prohibited.

The Company reserves the right to monitor and investigate any suspected unauthorized use, including retrieval of IP addresses where necessary. Any unauthorized distribution, reproduction, or use of Program materials outside of personal use may result in immediate termination of access and may subject you to legal action.

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5. HANDLING OF DISPUTES 

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach,  termination, enforcement, interpretation or validity thereof shall be handled in accordance with  applicable laws of the venue herein agreed upon. 

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6. OWNERSHIP OF MATERIALS 

Company shall retain the creative rights to all original materials, data, and similar items  produced by Company hereunder in connection with services under this agreement. All  services and software used by Company shall at all title to such materials or software. Customer acknowledges that Company may use and modify existing materials for customer’s benefit, and  that Customer holds no rights to such materials. 

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7. PROPRIETARY INFORMATION AND USE OF MATERIALS 

Except as provided elsewhere in this Agreement, all information disclosed by one Party (Company) to  the other Party (Customer), shall be deemed to be confidential and proprietary ("Proprietary  Information"). Such Proprietary Information includes, but not limited to, information regarding methods and processes, organization of information and materials, documents, audio recordings, transcripts, video recordings, images, artwork, visuals, slides, written materials, intellectual property. and other confidential or Proprietary Information belonging too related to a  Party's affairs. The receiving Party acknowledges and agrees that in any proceeding to  enforce this Agreement it will be presumed that the Proprietary Information constitutes  protectable trade secrets, and that the receiving Party will bear the burden of proving that  any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees,  subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information,  regardless of when or how disclosed, in strict confidence and with not less than the same  degree of care that they provide for their own confidential and proprietary information. The  Parties warrant and represent that the degree of care contemplated herein is adequate and  the Parties will take any and all steps reasonably necessary to preserve such Proprietary  Information. Nothing in this Agreement shall prohibit or limit the receiving Party's use of  information that can be demonstrated as: (a) previously known to the receiving Party;  (b) independently developed by the receiving Party; ( c) acquired from a third party not under  similar non-disclosure obligations to the disclosing Party; or (d) acquired through the public  domain through no breach by the receiving Party of this Agreement. 

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(7A) LICENSE 

Where applicable, Customer grants Company a limited, nontransferable, non-exclusive license  to copy, use, store, set up, publicly display, publicly perform, and transmit any trade names,  trademarks, service marks, copyrights, content, text, images, software, functionality, page,  and other design and layout, media and other materials therein and solely in connection with  creation of the Campaign and direct response marketing in accordance with this Agreement.  Other than as specifically provided herein, the Parties, their employees, subsidiaries,  affiliates, agents and assigns, shall make no disclosure of any Proprietary Information  without the express written consent of the other Party. In addition, neither Party shall use the  Proprietary Information for any purpose other than purposes related to their business  relationship as laid out in this Agreement. In the event that the receiving Party is required by  applicable law, rule, regulation or lawful order or ruling of any court, government agency or  regulatory commission to disclose any Proprietary Information, the receiving Party  understands that the disclosing Party may desire to seek an appropriate protective order or  take steps to protect the confidentiality of such Proprietary Information. Consequently, the  receiving Party agrees that it will provide the disclosing Party with prompt notice of such  request(s). 

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(7B) Portfolio Release 

Customer agrees that Company has the right to use materials created pursuant to this  Agreement for Company's portfolio, samples, self-promotion, including advertising for  Company's business, including, but not limited to, Facebook, Instagram, Linkedln, Twitter, or  any other social media platforms. In the event Customer wishes to exclude some specific  materials from the release under this paragraph, or to limit the time period of such release,  Company and Customer may agree in writing to such limitation in writing. 

 

(7C) Remedies 

The Parties acknowledge that the Proprietary Information exchanged is valuable and  unique and that disclosure in breach of this Agreement will result in irreparable injury to the  adversely affected Party, for which monetary damages, on their own, would be inadequate.  Accordingly, the Parties agree the adversely affected Party shall have the right to seek an  immediate injunction enjoining any such breach or threatened breach of the Agreement. 

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8. LIMITATION OF LIABILITY 

Company shall not be liable for any incidental, consequential, indirect or special damages,  or for any loss of profits or business interruptions caused or alleged to have been caused by  the performance or nonperformance of the Services. Customer agrees that, in the event  Company is determined to be liable for any such loss, Costumer's sole remedy against  Company is limited to a refund of payments made by Customer for said Services, less expenses  paid to subcontractors or to third parties. Company is not responsible for errors which result  from faulty or incomplete information supplied to Company by Customer. Customer also agrees to  not seek damages in excess of the contractually agreed upon limitations directly or indirectly  through suits by or against other parties. Company shall not be liable to Customer for any costs,  damages, or delays due to causes beyond its control, expressly including, but not limited to,  unknown site characteristics, changes in policies, or changes in terms of services. 

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9. GOVERNING LAW; VENUE; INTERPRETATION 

This Agreement shall be construed in accordance with, and governed by, the laws of the  State of Pennsylvania, U.S.A. applied to contracts that are executed and performed entirely in Pennsylvania. The  exclusive venue for any court proceeding based on or arising out of this Agreement shall be State College, Pennsylvania.

 

10. RECOVERY OF LITIGATION EXPENSES 

If any legal action or any arbitration or other proceeding is brought for the enforcement of  this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in  connection with any of the provisions of this Agreement, the successful or prevailing party or  parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be  entitled to by law.  

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11. STIPULATED (LIQUIDATED) DAMAGES 

Parties hereto acknowledge and agree that the amounts payable under Sections 3, 4, 6,  and 9, and 10 constitute stipulated (liquidated) damages and not penalties. The parties  further acknowledge that: (i) the actual amount of loss or damages likely to be incurred by  Company is difficult to precisely estimate; (ii) the amounts specified in such subsections  bear a reasonable proportion and are not plainly or grossly disproportionate to the probable  loss likely to be incurred by Company in connection with any failure by Customer to perform his  or her obligations under this Agreement; (iii) one of the reasons for the Parties reaching an  agreement as to such amounts was the uncertainty and cost of litigation regarding the  question of actual damages; and (iv) the Parties hold themselves out to be sophisticated  business parties and expressly affirm herein that they had the opportunity to be represented  by, or consult with, sophisticated and able legal and financial counsel in negotiating this  Agreement in good faith. The parties further agree that failure to consult with counsel prior to  entering this Agreement is not a defense to enforcement of this entire Agreement and all  clauses contained herein. 

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12. NO GUARANTEE 

Company does not warrant or guarantee any specific level of performance or or results. Examples of results obtained for other customers by Company may be used as a  marketing tool and shown to Customer for demonstrative purposes only and should not be  construed by Customer as indicating any promised results or level of results. It is up to the Customer  to implement the work and achieve their desired outcome. 

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13. MUTUAL DISPARAGEMENT 

Both Parties agree that in business, sometimes things don't work out or the relationship is no  longer healthy, agreeable or sustainable. If the relationship should stop or part ways for any  reason, both Parties respect each other's online reputation, public reputation and will remain respectful of each other as to not disparage each other personally, professionally,  verbally, written or other regarding products, services or coaching programs and will not  speak to Company's Customers in the Program negatively. 

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14. ENTIRE AGREEMENT 

This Agreement is the final, complete, and exclusive Agreement of the Parties. No  modification of or amendments to this Agreement shall be effective unless expressed, in  writing, and signed by the Parties. 

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15. SEVERABILITY 

If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, such  provision shall be fully severable, and this Agreement shall be construed and enforced as if  such illegal, invalid or unenforceable provision had never comprised a part of this  Agreement. Thus, the remaining provisions of this Agreement shall remain in full force and  effect. 

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16. HEADING 

The headings used in this Agreement are for convenience only and shall not be used to limit  or construe the contents of this Agreement. By their signatures below, the parties hereby  understand and agree to all terms and conditions of the entire Agreement. 

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17. INDEMNIFICATION 

Customer agrees at all times to defend, fully indemnify and hold Coach and any affiliates,  agents, team members or other party associated with Coach harmless from any causes of  action, damages, losses, costs, expenses incurred as a result of Customer’s use of Program, as  well as any third-party claims of any kind (including attorney’s fees) arising from his/her  actions as a direct or indirect result of Customer’s participation in Program. Should Coach be  required to defend herself in any action directly or indirectly involving Customer, or an action  where we decide Customer’s participation or assistance would benefit Coach’s defense, Customer  agrees to participate and provide any evidence, documents, testimony, or other information  deemed useful by Coach, free of charge. 

 

By their signatures below, the parties hereby understand and agree to all terms and  conditions of the entire Agreement. 

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FREE TRIAL TERMS AND CONDITIONS

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Effective Date: Upon registration and enrollment in the free trial

These Terms and Conditions (“Terms”) govern your participation in the free trial of the FundaMENTALs Life, Relationships & Career Accelerator™ (the “Program”) offered by MindCast LLC (“Company,” “we,” or “us”).

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By registering for the free trial and submitting your enrollment, you acknowledge that you have read, understood, and agree to be bound by these Terms. This Agreement becomes effective and legally binding upon your registration and enrollment in the free trial through the Company’s website or any authorized platform.

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2. PROGRAM SUBSCRIPTION TUITION AND PAYMENT 

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1. Free Trial Period

• New customers are eligible to receive a 14-day free trial of the Program (“Free Trial”).

• The Free Trial begins on the date you register and provide valid payment information.

• Access to the Program during the Free Trial is provided at no cost, subject to these Terms.

 

2. Payment Information Requirement

• To activate your Free Trial, you must provide a valid credit card or other accepted payment method at the time of registration.

• By providing payment information, you authorize the Company to begin billing your payment method automatically at the conclusion of the Free Trial unless you cancel as outlined in Section 3.

 

3. Cancellation During Free Trial

• You may cancel your Free Trial at any time before the 14-day period ends to avoid charges.

• If you cancel before the trial ends, your access will be immediately terminated, and you may not have access to all 14 trial days.

• Cancellation must be completed manually through your account settings.

 

4. Automatic Enrollment & Billing After Free Trial

• If you do not cancel your Free Trial within 14 days, your account will automatically convert to a monthly subscription at the rate of $49 per month.

• Your payment method will be charged the first monthly fee at the end of the Free Trial, and you will continue to be billed $49 per month thereafter until you manually cancel your subscription.

• You are responsible for all charges incurred until cancellation.

 

5. Access to Full Program

• Upon conversion from the Free Trial to a paid subscription, you will gain access to the Full Online Course: FundaMENTALs Life, Relationships and Career Accelerator.

• Continued access is contingent upon timely payment of subscription fees.

 

6. Termination & Refund Policy

• The Free Trial is offered once per customer and may not be combined with any other offers.

• Subscription fees are non-refundable once charged. If you cancel after billing, you will retain access until the end of the paid billing cycle, but no prorated refunds will be issued.

 

7. Modifications

The Company reserves the right to modify or terminate the Free Trial offer at any time without notice. However, such changes will not affect Free Trials already in progress.

 

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to conflict of law principles.

 

By registering for the Free Trial, you acknowledge that you have read, understood, and agree to these Terms & Conditions.