**COMPLETE TERMS OF USE - THE CAPACITY SPA**
---
**WEBSITE TERMS OF USE**
**Last Updated: 12/30/2025**
The following Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and A Mindset by Design, LLC, operating as The CAPACITY Spa ("Company," "we," "us," or "our").
These Terms govern your access to and use of www.amindsetbydesign.com and www.capacityspa.com, including all content, functionality, services, products, and resources offered on or through these websites (collectively, the "Website").
**PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.**
---
**1. ELIGIBILITY**
This Website is intended for users who are 18 years of age or older. By using this Website, you represent and warrant that you:
- Are at least 18 years of age
- Have the legal capacity to enter into a binding contract with the Company
- Will use the Website in compliance with these Terms and all applicable laws
If you do not meet these requirements, you are prohibited from accessing or using the Website.
---
**2. CHANGES TO TERMS**
We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. Changes are effective immediately upon posting to the Website. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms.
You are responsible for reviewing these Terms periodically. We recommend checking this page regularly to stay informed of any updates.
---
**3. PRIVACY POLICY**
Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
---
**4. ACCOUNT REGISTRATION AND SECURITY**
**4.1 Account Creation**
To access certain features, services, or resources on the Website, you may be required to create an account and provide registration information. You agree that all information you provide is accurate, current, and complete.
**4.2 Account Security**
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:
- Keep your login information confidential
- Not share your account access with any third party
- Notify us immediately of any unauthorized use of your account
- Exit your account at the end of each session
- Use caution when accessing your account from public or shared devices
**4.3 Account Termination**
We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to the Website, the Company, or other users.
---
**5. INTELLECTUAL PROPERTY RIGHTS**
**5.1 Ownership**
All content on the Website, including but not limited to text, graphics, logos, images, videos, audio, software, designs, trademarks, and other materials (collectively, "Content"), is the exclusive property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.
**5.2 Limited License**
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use.
**5.3 Restrictions**
You may not:
- Copy, modify, distribute, sell, or lease any part of the Website or Content
- Reverse engineer, decompile, or attempt to extract source code from the Website
- Remove, alter, or obscure any copyright, trademark, or proprietary notices
- Use the Content for any commercial purpose without our express written permission
- Create derivative works based on the Website or Content
- Use automated systems (bots, scrapers, etc.) to access the Website
- Frame, mirror, or replicate any portion of the Website
**5.4 Trademarks**
"The CAPACITY Spa," "A Mindset by Design," and associated logos, slogans, and designs are trademarks of the Company. You may not use these marks without our prior written permission. Other trademarks, service marks, and logos displayed on the Website are the property of their respective owners.
---
**6. USER CONDUCT**
You agree that you will not:
- Use the Website for any unlawful purpose or in violation of these Terms
- Violate any applicable local, state, national, or international law
- Infringe on the intellectual property rights of the Company or any third party
- Transmit any harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the Website or servers or networks connected to the Website
- Attempt to gain unauthorized access to any portion of the Website, other user accounts, or computer systems
- Upload or transmit viruses, malware, or any other malicious code
- Collect or harvest personal information about other users without their consent
- Use the Website to transmit spam, chain letters, or other unsolicited communications
---
7. EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
7.1 Not Professional Medical, Nursing, or Healthcare Services
CRITICAL NOTICE: Tiffany Spencer, the founder of The CAPACITY Spa, is a Registered Nurse (RN) licensed in the State of Indiana. HOWEVER, the services, programs, and information provided through this Website and The CAPACITY Spa are NOT provided in her capacity as a Registered Nurse and do NOT constitute nursing care, medical care, or healthcare services of any kind.
The information, content, programs, and services provided on this Website are for educational and informational purposes only and are provided solely in Tiffany's capacity as a mental fitness coach and business owner.
Nothing on this Website constitutes, and should not be construed as:
Medical, health, or mental health advice, diagnosis, or treatment
Nursing care or nursing services
Healthcare services or medical consultation
Therapy, counseling, or psychological services
Treatment for any physical or mental health condition
A substitute for professional medical, nursing, or mental health care
Legal, financial, tax, or accounting advice
Professional advice of any kind
7.2 No Professional Relationship Created
Use of this Website and participation in any programs or services offered by The CAPACITY Spa does NOT create any professional relationship, including but not limited to:
A nurse-patient relationship
A doctor-patient relationship
A therapist-client relationship
An attorney-client relationship
A financial advisor-client relationship
Any other professional service relationship
The relationship between you and The CAPACITY Spa is strictly that of a mental fitness coaching service provider and client.
7.3 RN Licensure Disclosure
While the founder holds an active RN license, this license:
Is disclosed for transparency and to establish clinical background and authority
Does NOT mean the services provided are nursing or healthcare services
Does NOT create a duty of care under nursing standards of practice
Does NOT fall under the nursing scope of practice regulations
The CAPACITY Spa operates as a mental fitness coaching business, not a healthcare practice.
7.4 Seek Professional Medical Care
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY.
You are strongly encouraged to seek the advice of qualified healthcare professionals, including physicians, psychiatrists, psychologists, licensed therapists, or other medical providers, regarding:
Any medical condition or symptoms
Mental health concerns or psychiatric conditions
Medication management
Diagnosis or treatment of any illness or disease
Any health-related questions or concerns
DO NOT:
Disregard professional medical advice because of information on this Website
Delay seeking medical care because of information on this Website
Stop taking prescribed medications without consulting your physician
Use this Website as a substitute for medical treatment
7.5 Mental Health Crisis Resources
If you are experiencing a mental health crisis, suicidal thoughts, or thoughts of harming yourself or others:
National Suicide Prevention Lifeline: 988 (call or text)
Crisis Text Line: Text HOME to 741741
911 for immediate emergency assistance
The CAPACITY Spa is not equipped to handle mental health crises and is not a substitute for emergency mental health services.
7.6 No Treatment of Medical or Mental Health Conditions
The CAPACITY Spa does not diagnose, treat, cure, or prevent any disease, medical condition, or mental health disorder. Programs and services are designed for:
High-performing women seeking to improve mental fitness
Stress management and nervous system regulation
Performance optimization and capacity building
Educational purposes related to conditioned stress responses
The CAPACITY Spa is NOT designed for and does NOT treat:
Clinical depression, anxiety disorders, or other diagnosed mental health conditions
Eating disorders or disordered eating
Substance abuse or addiction
Trauma requiring clinical intervention
Active suicidal ideation or self-harm behaviors
Severe mental illness or psychiatric conditions
Medical conditions requiring healthcare treatment
If you have been diagnosed with any mental health condition or are currently under the care of a mental health professional, you MUST:
Inform your healthcare provider before participating in any CAPACITY Spa programs
Continue all prescribed treatments and medications
Do not use CAPACITY Spa services as a replacement for professional mental health care
7.7 Informed Consent and Personal Responsibility
By using this Website and participating in any programs or services:
You acknowledge you understand this is NOT medical, nursing, or mental health treatment
You accept full responsibility for your health and well-being
You agree to consult with appropriate healthcare professionals for medical concerns
You understand results are not guaranteed and will vary by individual
You will not hold The CAPACITY Spa, its founder, or any associated parties liable for health outcomes
---
**8. NO GUARANTEES OR WARRANTIES**
**8.1 Results Not Guaranteed**
The Company makes no representations, warranties, or guarantees regarding the results you may or may not achieve by using the Website, participating in programs, or implementing strategies or information provided by the Company.
Your results will depend on numerous factors, including but not limited to:
- Your individual circumstances, background, and experience
- Your commitment, effort, and consistency
- Market conditions and external factors beyond our control
- Your ability to implement and apply the information provided
**8.2 Testimonials and Examples**
Any testimonials, case studies, examples, or success stories presented on the Website represent individual experiences and are not guarantees of results. These examples are not typical, and your results may vary significantly.
**8.3 Earnings Disclaimers**
If the Website or any programs discuss business strategies, income potential, or financial outcomes, such information is provided for educational purposes only. We make no guarantees regarding income, revenue, or financial success. Past performance or results are not indicative of future outcomes.
---
**9. LIMITATION OF LIABILITY**
**9.1 Use at Your Own Risk**
You expressly agree that your use of the Website and reliance on any Content is at your sole risk. The Website and all Content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
**9.2 Disclaimer of Warranties**
To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, or completeness of Content
- Warranties that the Website will be uninterrupted, secure, or error-free
- Warranties that defects will be corrected
**9.3 Limitation of Damages**
To the fullest extent permitted by law, the Company, its owners, employees, contractors, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to:
- Your use of or inability to use the Website
- Any errors, omissions, or inaccuracies in Content
- Unauthorized access to or alteration of your data or transmissions
- Actions or statements of any third party on the Website
- Any other matter relating to the Website or services
In no event shall the Company's total liability to you for all claims exceed the amount you paid to the Company in the twelve (12) months preceding the claim, or $100, whichever is greater.
9.4 Personal Responsibility and Health Acknowledgment
By using this Website, you:
Accept full personal responsibility for your health, well-being, and the results of your actions
Acknowledge that The CAPACITY Spa provides mental fitness coaching, NOT medical or healthcare services
Understand that despite the founder's RN credentials, services are provided as coaching only
Agree to consult licensed healthcare professionals for all medical and mental health concerns
Will not rely on this Website or CAPACITY Spa programs as a substitute for professional medical care
Take responsibility for any harm, damage, loss, or injury related to using or not using information from this Website
Agree to conduct due diligence and seek professional advice before implementing any strategies
If you have any medical condition, mental health diagnosis, or are under professional care, you MUST obtain clearance from your healthcare provider before participating in any CAPACITY Spa programs.
---
**10. INDEMNIFICATION**
You agree to indemnify, defend, and hold harmless the Company, its owners, employees, contractors, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Website
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
---
**11. THIRD-PARTY LINKS AND RESOURCES**
The Website may contain links to third-party websites, resources, or services that are not owned or controlled by the Company. We provide these links for your convenience only and do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites.
You acknowledge and agree that the Company is not liable for any damages or losses caused by your use of any third-party content, products, or services accessed through links on the Website.
---
**12. PAYMENT AND REFUND POLICY**
**12.1 Payment Terms**
All fees for products, programs, or services are due at the time of purchase unless otherwise specified. Payment must be made through the methods provided on the Website.
**12.2 Refund Policy**
All sales are final unless otherwise stated in writing for a specific product or program. Refund policies, if applicable, will be clearly disclosed prior to purchase and are incorporated into these Terms.
**12.3 Subscription Services**
For subscription-based products or services, you authorize the Company to charge your payment method on a recurring basis until you cancel your subscription. You may cancel at any time according to the cancellation procedures provided.
---
**13. TERMINATION**
We reserve the right, in our sole discretion, to terminate or suspend your access to the Website, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Conduct that harms or may harm the Company or other users
- Any other reason we deem appropriate
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.
---
**14. DISPUTE RESOLUTION**
**14.1 Governing Law**
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of law principles.
**14.2 Arbitration**
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Fishers, Indiana.
**14.3 Class Action Waiver**
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
**14.4 Exceptions**
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
---
**15. GENERAL PROVISIONS**
**15.1 Entire Agreement**
These Terms, together with the Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Website.
**15.2 Severability**
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
**15.3 Waiver**
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
**15.4 Assignment**
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
**15.5 Force Majeure**
The Company shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
**15.6 Headings**
The headings and subheadings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
---
**16. CONTACT INFORMATION**
If you have any questions, concerns, or feedback regarding these Terms of Use, please contact us at:
The CAPACITY Spa
A Mindset by Design, LLC
8500 E. 116th St PO BOX 7017
Fishers, IN 46038
Email Address: INFO@amindsetbydesign.com
---
**BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.**
---
**IMPORTANT LEGAL NOTICE:** This Terms of Use document is provided as a general template and should be reviewed by a qualified attorney licensed in your jurisdiction before publication. Laws vary by state and country, and this document may need to be customized to comply with applicable regulations and your specific business practices.