1. Enrollment Eligibility. A person under the age of eighteen is not permitted to enroll himself/herself or anyone else in a MINDsprinting program. By enrolling yourself or someone else in one of our programs, You represent and warrant to Us that: (i) You are eighteen years of age or older, and legally capable of entering into a binding agreement with Us; (ii) the information provided by You in order to enroll is complete, accurate and current; and (iii) You will be bound by, and abide by, the terms of this Agreement. Enrollments are non-transferable between students.
   
   
2. Term/Tuition Fees. Unless otherwise stated during the registration process, the term of each program is one of the following that You select when registering: (i) a one (1) year Term, or (ii) a 30-Day Term, beginning on the date of enrollment. The tuition fees (“Fees”) applicable to each program and term are identified during the registration process. We reserve the right to change the amount of Fees charged for particular programs and the manner in which such Fees are required to be paid, at any time, as determined by Us in our sole discretion. Such changes shall become effective immediately upon posting anywhere on the Site, but shall not apply to any student who is currently enrolled in a program (a “Current Student”) except as follows: (i) if a Current Student renews a program after a change is effective, the new Fees and terms will apply to the renewal period for that program; (ii) if a Current Student enrolls for additional programs after the change, the new Fees and terms will apply to the additional programs; (iii) if the Current Student elects to switch programs and apply unused prepaid Fees to the “switched” program, the new Fees and terms will apply to the switched program; and (iv) if a Current Student converts from a 30-Day Term to a 1-Year Term and the effective date of the conversion is after the date of the change, the new Fees and terms will apply to the switched program. Unless otherwise stated, all Fees are quoted in U.S. dollars. You are responsible for paying the Fees for all programs in which You enroll yourself or someone else, and all applicable sales and other taxes arising out of such enrollments (other than income taxes applicable to MINDsprinting on revenues received).
   
   1-Year Term: Fees for each 1-Year Term must be prepaid in full, subject to your right to receive a refund as set forth in Section 3 below. For the month in which You enroll, We shall be deemed to have earned 1/12 of the Fees paid for a program effective when You enroll. Thereafter, We shall be deemed to have earned another 1/12 of the Fees paid for a program on the first day of each “Month” in which You are enrolled in that program. For purposes of this Agreement, a “Month” shall mean a calendar month. Your first Month shall be deemed the month in which You enroll (regardless of the day on which You enroll). However, You will have access to the program for a full 1-year period notwithstanding the day We are deemed to have earned the last 1/12 of the Fees You paid. Example: If You enroll on January 15, 2005, on that day We will be deemed to have earned 1/12 of the Fees You paid (for January 2005), and another 1/12 on the 1st day of each calendar month thereafter up to and including December 1, 2005 when We are deemed to have earned the last 1/12 of the Fees paid; BUT You will continue to have access to the program through January 14, 2006. This policy ensures that You always receive one (1) full year of access regardless of the day of the month on which You enroll.
   
   30-Day Term: Fees for each 30-Day Term must be prepaid in full. There is no right to any refund of any kind for any 30-Day Term. We shall be deemed to have earned the entire Fees paid for all 30-Day Term programs You enroll in, effective when You enroll. A 30-Day Term shall be deemed to commence on the day on which You enroll for such 30-Day Term and end 30-days later (e.g. from April 23 through May 22).
   
   Converting from a 30-Day Term to a 1-Year Term: You may convert from a 30-Day Term to a 1-Year Term at any time during the 30-Day Term by checking the appropriate boxes on the Edit Student Profile page on the Site and submitting the information to Us. However, your 1-Year Term will not commence until the end of the 30-Day Term, at which time You will be charged for the 1-Year Term. Example: If You enroll for a 30-Day Term on April 23 and submit to Us your election to covert to a 1-Year Term on May 6, your 1-Year Term will commence on May 23 (the day after your 30-Day Term expires), at which time You will be required to pay the Fees then in effect for the 1-Year Term. If You previously paid Fees by credit card, We will automatically charge your credit card at that time. If You previously paid Fees via check, You will be required to pay the Fees at that time.
   
   Upon payment of the required fees, You will be enrolled in LLH for a period of 30-days. LLH will provide live assistance in English in the following subjects (K-12 levels) only: math; reading comprehension; building vocabulary; language usage; and writing. Fees paid are deemed earned in full upon payment and are not refundable under any circumstances. During your 30-day enrollment period You will have unlimited access to schedule sessions with a live tutor and/or to wait in the queue for the next available tutor during periods indicated. All sessions are subject to availability; You are not guaranteed (i) any minimum number of sessions during your enrollment period or (ii) assistance at any particular time. To schedule a session,You must comply with the rules and instructions provided with the online scheduling system. A session will only be deemed scheduled if you have reserved the time slot in accordance with the scheduling instructions then in effect. Tutors will only be available Monday, Tuesday, Wednesday, Thursday and Saturday between the hours of 5:00 p.m. and 11:00 p.m. Eastern Standard Time; provided however, We may make tutors available at other times as indicated by the online scheduling system. To participate in a tutoring session You must download, install, and use the free whiteboard technology We provide, in accordance with the instructions provided. Failure to be logged in and present for a session at the time it is scheduled may result in the loss of that session; failure to be logged in and present for a scheduled session on more than one occasion, or failure to conduct yourself in a courteous and reasonable manner during any session may result in termination of your access or suspension/limitation of your ability to schedule any more sessions during the remainder of your enrollment period, as determined by Us in our sole discretion. Tutoring services are provided by a third party and MS shall not be liable for its acts or omissions (see Section 7).
   
   
3. Refunds and Renewals You may terminate your enrollment in any or all programs, at any time, by going to the Edit Student Profile page on the Site, clicking on the Cancel Service link on the left, and following the instructions to cancel a program. Terminations are not retroactive; they become effective immediately and You will not be able to access the cancelled programs afterwards.
   
   NON-REFUNDABLE ENROLLMENTS: If You terminate a 30-day program or your enrollment is non-refundable (as indicated when you register), You will not be entitled to any refund.
   
   REFUNDABLE ENROLLMENTS: If Your enrollment is not stated to be non-refundable when You enroll and You terminate a 1-year program with at least one (1) “unused” Month (i.e. a complete calendar month that has not yet begun) remaining in your term, You will receive a refund of all Fees paid that We have not yet earned (i.e. the Fees for all remaining unused months in your term). Further, notwithstanding anything in this Agreement to the contrary, if You terminate a refundable 1-year program within 30-days from the date You enroll in that program, You will receive a refund of 11/12 of the Fees You paid (i.e. if You paid $180, You would receive a refund of $165). Refunds will be promptly paid to You in the same manner in which You paid (e.g. credit card or check). Terminations are not retroactive; they become effective immediately.
   

   EXAMPLES:
   (1) If You enroll for a 1-year program on January 15, 2005 and You terminate at any time up to and including February 13, 2005, You will receive a refund the Fees prepaid for 11 unused months;

   (2) If You enroll for a 1-year program on January 15, 2005, and You terminate on February 14, 2005, You will receive a refund of Fees prepaid for 10 unused months (i.e. there are 10 full calendar months remaining in your term, starting with March); and

   (3) If You enroll for a 30-Day Term on January 15 and terminate on January 16, You will not be entitled to any refund.

   
   RENEWALS: Upon expiration of the term then in effect for any program, your enrollment in that program will automatically be renewed for another term of the same length.

   EXAMPLES:
   (i) If You are then enrolled for a 30-Day Term You will automatically be re-enrolled for another 30-Day Term;

   (ii) If You are then enrolled for a 1-Year Term You will automatically be re-enrolled for another 1-Year Term; and

   (iii) if You originally enrolled for a 30-Day Term, but then converted to a 1-Year Term, so that the 1-Year Term is the one then in effect, You will automatically be re-enrolled for another 1-Year Term.

   Renewals of non-refundable enrollments will be non-refundable for the renewal term unless otherwise specifically indicated by Us in writing at the time of the renewal. If You paid by credit card, your credit card will automatically be charged the Fee for the renewal term. If You paid by electronic check, You will have to complete the payment process again (We will notify You in advance to avoid any interruption in your program). Fees paid for your renewal term will be earned by Us in the same manner described in Section 2 above. 1-Year Term Example: If You enroll on January 15, 2005 your renewal term will be deemed to start on January 15, 2006; We will be deemed to have earned the first 1/12 of the renewal Fees paid as of January 15, 2006; We will be deemed to earn 1/12 of the renewal Fees paid on the first day of each of the next 11-months; and You will have access to the program until January 14, 2007). 30-Day Term Example: If You enroll on January 15, 2005 your renewal term will be deemed to start on February 14, 2005; We will be deemed to have earned the entire renewal fee on February 14, 2005.
   
   
4. Use Of our Site and Content. Our Site, and all of the information and materials contained or obtained on or through our Site (including any software used on our Site), whether viewed or printed, (including but not limited to, all images and text, lessons, homework, tests, products, images, photographs, tutorials, graphics, music, sounds, logos, shockwave/flash movies, and other material) (collectively “Content”) is the property of MINDsprinting, its affiliates, licensors, and various third-party companies and is protected by US and international intellectual property laws. As a user or enrollee of our Site, You may download Content solely for your personal, non-commercial use as provided below. You may not use the Content in any matter inconsistent with this Agreement or applicable law, and You may not duplicate, publish, modify or alter the Content.
   
   Each enrollment in a MINDsprinting program entitles You to access the educational Content for that program (including the Assessment Test), and to print materials from that program, for use by one (1) student only. Our Assessment Tests must be done online, and our educational assignments must be printed (the results must be reported to Us online). MINDsprinting reserves the right to change the Content, presentation, performance, user facilities and availability of any part of the Site in our sole discretion and without notice; provided however We will not intentionally change the availability of programs for which You have paid without notice to You.
   
   
5. Prize Redemption. Once enrolled, You may earn stars (see the Star Bank for details) that may be redeemed for prizes, in accordance with our policies that are in effect from time to time. Our Site contains a catalogue of prizes that You may select when You redeem stars earned. We do not guaranty that any prize that may appear in the catalogue will be available at the time stars are redeemed. In the event a prize selected is not available, You will be entitled to select another prize in the same redemption level (e.g. if the unavailable prize required 300 stars, You may select another prize requiring 300 stars). All of a student’s stars must be redeemed before that student’s enrollment in all MINDsprinting programs expires or is terminated; failure to be enrolled in at least one (1) MINDsprinting program will result in forfeiture of all stars earned as of the expiration or termination date of the student’s last MINDsprinting program. We do not manufacture, inventory or ship prizes; fulfillment of prize orders is performed by a third party under contract with Us. AS ALL PRIZES ARE SUPPLIED BY A THIRD PARTY, MINDSPRINTING SHALL NOT BE LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE) RELATIVE TO OR FOR: (i) THE ACTS AND OMISSIONS OF SUCH THIRD PARTY; AND (ii) THE PRIZES SELECTED AND/OR RECEIVED (INCLUDING THE QUALITY AND SAFETY OF SUCH PRIZES).
   
   
6. Software. Any software for download directly or indirectly from our Site, whether owned by Us or a third party, is provided for your convenience and all copyright rights therein shall at all times be reserved to the owner thereof. You agree that You will not download, copy or install any such software unless (i) You first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software, and (ii) You abide by the terms of that license agreement thereafter.
   
   
7. Third Parties. Should our Site at any time contain any: (i) advertisements for third party products, services, or websites; or (ii) links to third party websites; (collectively “3rd Party Activities”), We provide them only as a convenience for You, and not as an endorsement of the products, services, or information provided by such third party sites. MINDSPRINTING SHALL NOT BE LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE) RELATIVE TO OR FOR ANY 3RD PARTY ACTIVITIES. For example, MINDsprinting shall not be liable for, the quality, safety, truth, accuracy or legality of any 3rd Party Activities, including but not limited to any text, graphics, content, products, items or services, offered or obtained, directly or indirectly, from or as a result of any 3rd Party Activities.
   
   Live Tutor Support is a 3rd Party Activity that is provided by a third party on its website and therefore the terms of the first paragraph of this section, Third Parties, immediately above applies in its entirety. We link enrollees in this program from Our website to the third party website. As this program involves live communications, adults are strongly advised to monitor all sessions and communications between minors and tutors. Enrollments are for thirty (30) day periods. There are no automatic renewals; enrollees must complete the renewal process and authorize another charge. The 3rd Party Provider has agreed to use good faith efforts to provide reasonable service. However tutoring sessions are subject to the availability of tutors during published hours of program operation (which may be changed from time to time in our discretion). All such changes will be reasonably posted. Enrollees in this program hereby acknowledge and agree that: (i) demand for tutors will fluctuate and therefore there may be occasions when a tutor or an appointment is not available when desired by an enrollee, and/or an enrollee may not be able to receive as many tutoring sessions during an enrollment period as he/she would like; (ii) enrollees shall be bound by, and abide by, all rules, regulations, and requirements of the Live Tutor Support program, as published from time to time on this website, the appointment scheduler, and/or the 3rd Party Activity website; and (iii) the unavailability of a tutor or an appointment at a particular time desired by an enrollee, or the failure to receive any particular number of tutoring sessions during an enrollment period shall not be deemed a breach of these Terms and Conditions. Enrollees in this program shall not be entitled to any refunds under any circumstances.
   
   
8. Intellectual Property. MINDsprinting and MINDsprinting’s logo are registered trademarks of MINDsprinting LLC. MINDsprinting's trademarks, service marks, trade dress and logos are the property of MINDsprinting. All other trademarks, service marks, trade dress and logos appearing on our Site are the property of their respective owners. As to any trademarks, service marks, trade dress and logos appearing on our Site, You shall not, without the prior written consent of MINDsprinting or such other owner, reproduce, use, or authorize their reproduction or use in any manner. You acknowledge that all intellectual property rights (including, patents, copyright, rights in databases, trade marks and trade names) on our Site belong to MINDsprinting, its licensors, or other third parties.
   
   
9. Opinions and Comments. Information, opinions, commentary, and advice (“Opinions”) appearing on the Site or elsewhere (including Opinions expressed about our Content and our programs) are those of contributing individuals and entities. MINDSPRINTING SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (E.G. DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE) ARISING OUT OF OR RESULTING FROM YOUR USE OF OR RELIANCE UPON ANY OPINIONS. You hereby grant MINDsprinting an irrevocable, perpetual, non-exclusive right and license to use, publish or otherwise distribute your opinions, comments, testimonials and other statements made in communications from You to Us (including those on the Rate Us page on the Site) (“Comments”), and publish such Comments on or within the Site or elsewhere, on media of any kind, for our advertising and promotional purposes.
   
   
10. By Accessing And Using Our Site And Our Programs You Agree:
    That You will not:
    1. Access or use our Site or our Content for any unlawful purpose or violate any law, statute, ordinance or regulation;
    2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything;
    3. (ii) Alter, damage or delete any information on our Site, including our Content, or otherwise interfere with the ability of others to access and use our Site and our Content;
    4. Infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, servicemark, copyright, and patent rights, as well as any publicity rights or privacy rights;
    5. Transmit to or from MINDsprinting any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable material;
    6. Transmit to or from MINDsprinting any chain letters, pyramid schemes, advertising, promotional materials, or other solicitation;
    7. (vi) Knowingly send Us any e-mail or other communication that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data, enrollee personal information, Content, or anything else contained on or relative to our Site and its operation;
    8. Use any robot, spider, other automatic device, or manual process to monitor or copy our Content;
    9. Use any device, software or routine, or otherwise interfere or attempt to interfere with the proper working of our Site;
    10. Take any action that imposes an unreasonable or disproportionately large load on our Site’s infrastructure;
    11. Copy, reproduce, alter, modify, create derivative works, or publicly display any of our Content except as specifically permitted in this Agreement; or
    12. Otherwise create for, or cause to be incurred by, MINDsprinting any liability or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers;
        
        AND THAT YOU WILL:
        
    13. Comply with all terms and conditions of this Agreement and abide by all of our policies in effect (including our Privacy Policy);
    14. Comply with all applicable laws, statutes, ordinances, rules and regulations (“Laws”) regarding your access and use of our Site and our Content (and be solely responsible for the knowledge of and adherence to any and all such Laws);
    15. Maintain the security of your user ID, password and other confidential information relating to your MINDsprinting account, and be responsible for all statements made and acts that occur through your enrollment and the use of your user ID and your password [Please don't disclose your password to anyone. If your password has been stolen, please let Us know as soon as possible];
    16. Provide at your expense and/or pay for: (a) all computer hardware, software, and other equipment and supplies (including but not limited to, computers, modems, printers, printer cartridges, and paper) necessary for You to access and use our Site and our Content; (b) all access charges (including but not limited to Internet access and equipment installation charges); and (c) all other fees or charges of any type or nature arising out of your access and use of our Site and our Content; and
    17. Immediately inform Us of any change in your email address.
        
        
11. Transmissions From Our Site. MINDsprinting is not obligated to review any transmissions sent by enrollees from or through our Site (e.g. Refer-A Friend and Give a Gift e-mails). However, We reserve the right to, and may from time to time, monitor any information transmitted or received through our Site. Further, We may, at our sole discretion and without further notice to You, review, remove, or otherwise block information contained in those transmissions that We deem inappropriate or that violates any term or condition of this Agreement.
    
    
12. Amendments. We reserve the right to: (i) change this Agreement and any other posted policy on our Site; (ii) change, add or delete all or a portion of our Content; (iii) change, add or delete any other programs, products or services on our Site; and (iv) change the appearance and/or operation of our Site; at any time, as We deem appropriate. Except as specifically provided elsewhere in this Agreement or below, all changes to the terms and conditions of this Agreement shall be effective as to You upon posting on our Site except changes to: (a) the length of the term for any program in which You are already enrolled; (b) the Fees applicable to any program in which You are already enrolled and have paid for in full; and (c) the refund policy pertaining to any program in which You are already enrolled. As to (a), (b), and (c), the applicable terms and conditions shall be those that were in effect at the time You enrolled and paid the tuition fees in full. However, upon expiration of the current term for any program in which You are already enrolled and have paid for in full, should your enrollment in such program be renewed (or should You switch programs), then all amended terms and conditions (including applicable fees and refund policies) then in effect shall apply to such renewal term (or switched program). You hereby agree to be solely responsible for updating yourself about any amendments made to the terms and conditions of this Agreement.
    
    
13. Termination. MINDsprinting reserves the right to refuse, suspend or terminate the enrollment of You and any student enrolled by You, with or without cause, at any time, as determined by Us in our sole discretion. In the event of any such suspension or termination without cause You shall be entitled to a refund as provided in Section 3 herein. In the event You breach this Agreement, in addition to the right to immediately terminate the enrollment of You and any student enrolled by You, MINDsprinting shall be entitled to all other remedies available at law or equity.
    
    
14. No Warranty; Disclaimers. In addition to all other disclaimers set forth elsewhere in this Agreement (which are hereby incorporated by reference herein as if restated in this Section 14):
    
    OUR SITE, AND ALL INFORMATION, CONTENT (INCLUDING ALL TESTS, LESSONS, ASSIGNMENTS AND OTHER EDUCATIONAL MATERIALS), PRODUCTS AND SERVICES AVAILABLE ON OUR SITE, ARE PROVIDED "AS IS", “WHERE IS”, AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BY WAY OF EXAMPLE BUT NOT LIMITATION, MINDSPRINTING DOES NOT WARRANT THAT USE OF OUR SITE OR OUR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR EDUCATIONAL ACHIEVEMENT, BENEFITS, OR RESULTS OF ANY KIND WILL BE REALIZED.
    
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MINDSPRINTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THIS DISCLAIMER APPLIES TO, AND MINDSPRINTING SHALL NOT BE LIABLE FOR, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY AND ALL DAMAGES OR INJURY CAUSED BY, ARISING OUT OF, OR RELATED TO: ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, USE OF OUR CONTENT, FAILURE TO REALIZE ANY EDUCATIONAL ACHIEVEMENT, BENEFITS, OR RESULTS OF ANY KIND, THE CONTENTS OF ANY TRANSMISSION FROM OUR THROUGH OUR SITE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR COMPUTER, YOUR MINDSPRINTING ACCOUNT OR YOUR RECORDS (ON YOUR COMPUTER OR OUR SYSTEM); WHETHER ARISING OUT OF A CLAIM FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
    
    
15. Release and Limitation of Liability. YOU AGREE THAT YOUR USE OF MINDSPRINTING IS AT YOUR OWN RISK AND THAT MINDSPRINTING, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS AND/OR SUPPLIERS ("RELEASED PARTIES"), SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR OUR CONTENT, EXCEPT FOR A CLAIM FOR A REFUND OF PRE-PAID TUITION FEES TO WHICH YOU ARE ENTITLED UNDER THE TERMS OF THIS AGREEMENT. EXCEPT FOR A REFUND CLAIM AS SPECIFICALLY PROVIDED IN THE PRECEDING SENTENCE, YOU FURTHER AGREE, AND DO HEREBY FOREVER RELEASE, DISCHARGE AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES OR LOSSES (INCLUDING ATTORNEYS FEES AND ASSOCIATED COSTS AND EXPENSES) YOU MAY HAVE AGAINST ANY RELEASED PARTIES, UNDER ANY THEORY OF LIABILITY, ARISING FROM YOUR ACCESS AND USE OF OUR SITE AND OUR CONTENT.
    
    IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF MINDSPRINTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS OR USE OF OR YOUR INABILITY TO ACCESS OR USE OUR SITE OR OUR CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, PAIN AND SUFFERING, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES MINDSPRINTING'S LIABILITY SHALL BE LIMITED TO, THE GREATEST EXTENT PERMITTED IN SUCH JURISDICTIONS.
    
    NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU, IN THE AGGREGATE, BY ALL RELEASED PARTIES COMBINED, EXCEED THE AMOUNT OF FEES PAID BY YOU TO US DURING THE CURRENT TERM OF YOUR ENROLLMENT IN MINDSPRINTING PROGRAMS.
    
    
16. Indemnity. You agree to indemnify, defend and hold harmless MINDsprinting and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or loss We may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement, your violation of any law or the rights of a third party, or your access and use of our Content and our Site. MINDsprinting will have the right to participate in our defense and hire counsel of our choice, at your expense, and You will not settle any action or claims on MINDsprinting’s behalf without our prior written consent.
    
    
17. Notices. All notices required to be served on MINDsprinting (other than termination of a program which may be effectuated as provided in this Agreement) shall be sent to Us by certified U.S. Mail postage prepaid or by nationally recognized overnight courier at the following address: 120 W. Madison, Suite 800, Chicago, IL 60602 ; MINDsprinting may deliver notice to You under this Agreement (or under any other published policy on our Site) by email, by a general notice published on the Site or by first class U. S. Mail to the street address on record with Us.
    
    MINDsprinting will never request any personally identifiable information from You via electronic or postal mail. If You receive an email or postal mail that purports to be from Us that requests personally identifiable information from You, and specifically, your credit card number, please do not reply to that email and forward it to Us at [email protected].
    
    
18. Miscellaneous. This Agreement is entered into in the State of Illinois and shall be construed in accordance with the laws of Illinois, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the County of Cook in the State of Illinois, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if MINDsprinting prevails, it will be entitled to recover its costs and attorney fees. Headings are not to be considered part of, or to be used in interpreting this Agreement and in no way limit or affect the content of this Agreement or its provisions. Unless the context clearly indicates, (i) words used in the singular include the plural, (ii) words used in the plural include the singular, (iii) the word “including” means “including but not limited to”, and (iv) all references to "days" shall mean calendar days. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are used for convenience only and shall not be used in the interpretation of any of the provisions hereof. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You and any such attempted assignment or transfer shall be void and without effect. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Specifically, (x) Sections 5, 7, 8, 9, 10, 14, 15, and 16, and (y) those sections of this Agreement that need to survive the termination or expiration of this Agreement in order to effectuate the intent of this Agreement, shall survive the termination or expiration of this Agreement. The terms and conditions of this Agreement will be strictly enforced. In the event of any conflict between the terms and conditions of this Agreement and any other statements, terms or conditions appearing on this Site, the terms and conditions of this Agreement shall control.
    
    Copyright 2004-2011 MINDsprinting LLC. All Rights Reserved.

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Copyright 2004-2011, MINDsprinting® LLC. All Rights Reserved.