terms of use agreement
July 2007
Thank you for visiting the Web site (the “Site”) of The Mind Trust. Like
many other Web sites, this Site has rules (“terms of use”) that apply
to your use of the Site. By using the Site, you agree to comply with and
be bound by all terms, conditions, and notices contained or referenced in this
Terms of Use Agreement (the “Agreement”), which includes the Privacy
Policy. Please review this Agreement
carefully. If you do not agree with its terms of use or the Privacy
Policy, please exit the Site immediately.
Changes to the Agreement
We reserve the right to change the Agreement or Privacy
Policy from time to time. If we make any substantial
changes, we will notify you by posting a prominent announcement on our home page
and by posting the date of the most recent revisions to the Agreement on this
page. We urge you to review the Agreement from time to time, as your continued
use of the Site indicates your agreement to the revised terms. Any changes
to the Agreement will become effective immediately upon being posted on the Site,
unless otherwise indicated.
Copyrights
You acknowledge that all materials, information, images, products, and services
(the “content”) available on this Site, including the selection,
coordination, arrangement, and enhancement of such content, as well as content
original to it, are protected by national and international copyright, trademark,
service mark, patent, patent registration, trade secret, know-how, or other proprietary
rights and laws. In many cases, The Mind Trust owns the content. In
other cases, The Mind Trust has obtained permission from the owner or rights-holder
(a “licensor”) of the intellectual property to use the content on
this Site. The Mind Trust and its licensors retain exclusive ownership and/or
rights over all content viewed or accessed on the Site. You may only use
the Site or its contents as expressly permitted in this Agreement and for no
other purpose.
Trademarks
Unless otherwise indicated, all logos, names, package designs, and marks on the
Site are trademarks or service marks of The Mind Trust or used under license
by The Mind Trust. Other product and company names mentioned on the Site
may be trademarks or service marks of their respective owners. The unauthorized
use of any of these materials is strictly prohibited.
A Limited Right to Use
You agree to use the Site or its contents for lawful purposes and only as expressly
permitted in this Agreement and for no other purpose. Except where otherwise
noted, the viewing, downloading, or printing of individual pages, graphics, forms,
documents, or other content from the Site grants you a limited, nonexclusive
license for use solely by you for your own personal, noncommercial purpose and
not for sale, license, rent, distribution, republication, reproduction, transmission,
public display or performance, preparation of derivative works, or any other
exploitation of the Site’s content, in whole or in part. You may
not retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without The
Mind Trust’s prior, written authorization. We post copyright, legal,
and other proprietary notices on the Site’s Web pages. The notices
or credits must remain intact and must not be removed. The Mind Trust may
revoke this license at any time.
Submissions
The Mind Trust welcomes your feedback regarding the Site’s programs and
content. If you elect to submit content to the Site (“Submissions”),
you grant The Mind Trust and its licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, and promote the content in any form, anywhere,
and for any purpose. You also warrant and represent that you own or otherwise
control all of the rights to the content you submit to the Site and that The
Mind Trust’s public posting and use of your content will not infringe or
violate the rights of any third party. The Mind Trust reserves the right
to delete all or part of any Submission, for any reason or for no reason at all,
without your consent. The Mind Trust shall not be obligated to use or disclose
any of the Submissions.
Prohibited Behavior
Any use of the content contained in the Site in any manner that may express or
imply endorsement, sponsorship, affiliation, or association of the visitor by
The Mind Trust is strictly prohibited. You agree that you will not transmit
through the Site any material which (i) violates or infringes in any way upon
the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any law; or (iv) without The Mind Trust’s
express prior approval, contains advertising or any solicitation with respect
to products or services. You also agree not to submit or transmit any material
protected by copyright, trademark, or other proprietary rights without the express
permission of the owner of the copyright, trademark, or other proprietary rights
for such submissions or transmissions and for The Mind Trust’s subsequent
use of the material as provided in this Agreement. The burden of determining
that such material is not protected by copyright, trademark, or other proprietary
rights rests with you.
Links to Third Party Sites
The Site contains links to Web sites operated by third parties (“Third
Party Sites”) that are not under The Mind Trust’s influence or control. As
such, The Mind Trust is not responsible for the content of Third Party Sites. We
provide links to Third Party Sites only as a courtesy to our visitors, and such
links do not imply our endorsement or support of any linked Third Party Site,
the content on the Third Party Site, any organization sponsoring or participating
on the Third Party Site, or any product or service offered through the Third
Party Site. Any mention on this Site of products or services provided by
third parties is for informational purposes only and constitutes neither an endorsement
nor a recommendation. The Mind Trust makes no representations and assumes
no responsibility whatsoever for any third party content, any content that you
may access from a Third Party Site through subsequent links, or any content from
any Web site from which you may access this Site. A link to a Third
Party Site is not intended as an endorsement of any views that might be expressed
or referenced in the Third Party Site. Our Privacy
Policy is only applicable to this Site, and does not apply
to linked Third Party Sites. Please review the linked Third Party Site’s
terms of use and privacy policies, and if you do not agree to be bound by the
terms or policies governing the linked site, we recommend that you terminate
your visit to the Third Party Site.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Unauthorized
uses of this Site include unauthorized linking or framing to the Site without
the prior, written authorization of The Mind Trust. You also agree not
to “deep-link” to any of the Site’s internal web pages for
any purpose, unless you are specifically authorized by The Mind Trust to do so. Any
unauthorized use of the Site may result in criminal and/or civil prosecution. The
Mind Trust reserves the right, in its sole discretion, to terminate your access
to all or part of the Site, with or without notice, and for any reason whatsoever.
Disclaimer of Warranties
You expressly agree that all content included in or available through the Site
is provided on an “as is” and “as available” basis for
your use and that you use this Site and any content you choose to download at
your sole risk. The content is provided without warranties of any kind, either
expressly or by implication, including, but not limited to, warranties of title,
non-infringement, or implied warranties of merchantability or fitness for a particular
purpose or otherwise, other than those warranties which are incapable of exclusion,
restriction, or modification under applicable law. Neither The Mind Trust,
nor its employees, officers, directors, members, agents, consultants, contractors,
or licensors, make any warranty that the content of the Site or any service provided
through it, is accurate, reliable or correct; that the Site, or any linked Third
Party Site, will be available at any particular time or location; that any defects
or errors will be corrected; that the content is free of viruses or other harmful
components; or that you will achieve successful results from following any instructions,
directions, or recommendations on the Site.
Limitation of Liability
Under no circumstances shall The Mind Trust, or its employees, officers, directors,
members, agents, consultants, contractors, or licensors, be liable for any damages
in law or in equity, including without limitation direct, indirect, punitive,
incidental, special, or consequential damages that result from the use of, or
inability to use, the Site or from the content available on the Site. This
limitation applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis even if we have been advised
of the possibility of such damage. Because some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, our liability
in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold The Mind Trust and its employees, officers,
directors, members, agents, contractors, and licensors harmless from and against
any and all liabilities, claims, and expenses, including attorneys’ fees,
that arise from your use of the Site or its content, including without limitation,
your violation of the Agreement. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you agree to cooperate with us in asserting any available
defenses.
International Use
By choosing to access the Site from any location other than the United States,
you accept full responsibility for compliance with all local laws that are applicable. The
Mind Trust makes no representation that materials on the Site are appropriate
or available for use in locations outside the United States, and accessing them
from territories where such activity is illegal is strictly prohibited.
Security Precautions
The information and services provided through the Site are protected using industry
standard security precautions. It is up to you to fully understand the risks
and threats of using the public Internet, and to be sufficiently aware of those
risks to adequately protect your confidential information. The Mind Trust
provides some information regarding Security and Privacy in our Privacy
Policy. This document is provided as a guideline,
but it is up to the user to remain current and exercise care when using the Internet. You
should seek professional advice on protecting your privacy and evaluating the
security of the information systems you are using.
Choice of Law and Remedies
This agreement shall, for all domestic and international purposes, be governed,
interpreted, construed, and enforced solely and exclusively in accordance with
the laws of the State of Indiana, U.S.A., without regard to conflicts of law
provisions. You expressly agree that the exclusive jurisdiction for any
claim or action arising out of or relating to this Agreement or your use of the
Site shall be filed only in the state or federal courts located in the State
of Indiana, and you further agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim or action. In
any claim or action between you and The Mind Trust with respect to this Agreement,
the Privacy Policy, or the Site, you agree
that The Mind Trust will be entitled to recover its costs and expenses (including
attorneys’ fees), in addition to any other remedy available at law, in
equity, or otherwise, if The Mind Trust is successful in the prosecution or defense
of such claim or action.
Entire Agreement
This Agreement and our Privacy Policy constitute
the entire agreement between you and The Mind Trust with respect to the Site
and supersedes all prior or contemporaneous communications and proposals between
us with respect to the Site. If any provision of this Agreement is determined
to be invalid or unenforceable, all other provisions shall remain in full force
and effect. The section headings used in this Agreement are for convenience only
and shall not be given any legal import.
Acceptance of Terms of Use and Privacy Policy
You have read and accept the terms of this Agreement and our Privacy
Policy.
Contact Us
We welcome your comments, questions, or concerns. You may contact us at info@themindtrust.org.
