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MINDsprinting
Terms and Conditions
[Last
updated 06/01/07]
MINDsprinting LLC, (MINDsprinting, Us, We) is a Delaware limited liability
company. Before using our website and our educational programs (collectively
the Site) in any manner, and in particular before enrolling in any of our
programs, You and/or any student that You may enroll (collectively referred to
hereafter as You) should carefully review the terms and conditions below
(referred to as this Agreement).
ACCESS AND USE OF MINDSPRINTING'S SITE, BY YOU, AT ANY TIME, SHALL MEAN THAT YOU
ACKNOWLEDGE, AGREE TO, AND ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS
AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. WE ASK YOU TO PLEASE REVIEW
THIS AGREEMENT OFTEN TO ENSURE THAT YOU ARE AWARE OF OUR CURRENT TERMS AND
CONDITIONS, AS YOUR CONTINUED USE AFTER THE POSTING OF SUCH CHANGES SHALL BE
DEEMED ACCEPTANCE BY YOU OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS IN EFFECT, YOU SHOULD NOT ACCESS AND USE OUR SITE, AND
YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE ACCESSING AND USING OUR SITE.
THANK YOU.
1. Enrollment Eligibility
A person under the age of thirteen (13) 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 thirteen (13) 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.
2. 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 the student enrolled 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.
By accessing and using our Site and our Programs You agree THAT YOU WILL NOT:
(a) Access or use our Site or our Content for any unlawful purpose or violate
any law, statute, ordinance or regulation;
(b) Impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with anyone or anything;
(c) 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;
(d) 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;
(e) Transmit to or from MINDsprinting any unlawful, infringing, threatening,
libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or
otherwise objectionable material;
(f) Transmit to or from MINDsprinting any chain letters, pyramid schemes,
advertising, promotional materials, or other solicitation;
(g) 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;
(h) Use any robot, spider, other automatic device, or manual process to monitor
or copy our Content;
(i) Use any device, software or routine, or otherwise interfere or attempt to
interfere with the proper working of our Site;
(j) Take any action that imposes an unreasonable or disproportionately large
load on our Site's infrastructure;
(k) Copy, reproduce, alter, modify, create derivative works, or publicly display
any of our Content except as specifically permitted in this Agreement; or
(l) 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;
By accessing and using our Site and our Programs You agree THAT YOU WILL:
(i) Comply with all terms and conditions of this Agreement and abide by all of
our policies in effect (including our Privacy Policy);
(ii) 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);
(iii) 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];
(iv) 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 Immediately inform Us of any change in
your email address.
3. 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.
4. 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, advertisements, products, items or services, offered or
obtained, directly or indirectly, from or as a result of any 3rd Party
Activities.
5. 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.
6. 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 (Comments), and publish such Comments on or
within the Site or elsewhere, on media of any kind, for our advertising and
promotional purposes.
7. Transmissions From Our Site
You shall not make any transmissions from our Site except transmissions to Us
(e.g. lesson results, emails to Us). Notwithstanding the foregoing,
MINDsprinting is not obligated to review any transmissions sent by enrollees
from or through our Site. 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.
8. 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,
all changes to the terms and conditions of this Agreement shall be effective as
to You upon posting on our Site. You hereby agree to be solely responsible for
updating yourself about any amendments made to the terms and conditions of this
Agreement.
9. 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 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.
10. 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): 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.
11. 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, ADVERTISERS 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. 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.
12. 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.
13. 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: 801 Brickell Ave. Suite 944, Miami,
FL 33131; 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, please do not reply to that email and forward it to Us at
[email protected].
14. Miscellaneous
This Agreement is entered into in the State of Florida and shall be construed in
accordance with the laws of Florida, 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 Miami-Dade in the State of
Florida, 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 2, 4, 5, 6, 10, 11,
and 12, 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 2004-2008 MINDsprinting LLC. All Rights Reserved.
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