Terms of Service
The Terms of Service ("Terms") govern the relationship between You and MindLeaders, Inc., located at 5500 Glendon Court, Ste 200, Dublin, Ohio 43016, ("MindLeaders" or "We") regarding Your access to, use of all or part of any website or application of MindLeaders or its subsidiaries or affiliated companies (collectively, ":MindLeaders"), including www.mindleaders.com, or any other site or application or online service where these Terms are displayed (collectively, "Service"). If you have a signed agreement with MindLeaders governing your access to and use of the Service, that agreement, and not these Terms, applies to and governs our relationship with respect to the Service.
The Service is provided by MindLeaders, Inc., a United States entity, and not by any of its affiliates. The personal information which You give to MindLeaders when registering for the Service or ordering any products or services from MindLeaders will be used in connection with Your use of the Service and fulfilling Your order, and will be transferred to and maintained in MindLeaders records in the United States. If You do not consent to this transfer, do not accept these Terms.
While MindLeaders makes reasonable efforts to ensure the Service is available, MindLeaders does not guarantee, represent or warrant that Your access to the Service will be without interruption or error free. In addition, MindLeaders does not guarantee the Service will be free from loss corruption, attack, viruses, worms, Trojan horses, or other harmful components or from interference, locking, or other security intrusions. MindLeaders may change, suspend, or discontinue the Service at anytime.
You may be required to register an account on the Service to participate in certain areas or have a valid account on Facebook through which You connect to the Service. You agree that You will: (i) provide all equipment and software necessary to connect to the Service, see http://www.mindleaders.com/support/system-requirements.aspx, which is incorporated herein by reference; (ii) provide truthful and current information when You create an account; (iii) maintain security of Your account and update Your password regularly; (iv) notify MindLeaders if You discover or suspect any security breaches relating to the Service; and (v) maintain full responsibility for all activities that occur under Your account and accept all risks of unauthorized access.
You agree the following restrictions shall apply to Your use of the Service:
- (a) You shall not create an account or access the Service if You are under 13;
- (b) You shall not create an account or use the Service if You have been removed or banned by MindLeaders;
- (c) You shall not use Your account and this Service in a way that attempts to interfere with the proper functioning of the Service or its intent or in any way violates the Terms of Service;
- (d) You shall not use the Service if You are located in a country embargoed by the United States or if You are on the U.S. Treasury Department's list of Specially Designated Nationals.
- (e) You shall not use this Service to engage in any illegal conduct;
- (f) You shall not sublicense, rent, lease, trade, gift, bequeath or otherwise transfer Your account to anyone;
- (g) If You access the Service from Facebook, You must comply with its terms of service/use as well as these Terms of Service;
- (h) You shall not, intentionally or unintentionally, violate any applicable laws or regulations, or do anything that promotes the violation of any law or regulation;
- (i) You shall not use any unauthorized third party software or application or tool that accesses, intercepts, “mines” or otherwise collections information or designed to modify or interfere with the Service or attempt to gain unauthorized access, including but not limited to, circumventing or modifying or assisting any other person to circumvent or modify any security, technology, device or software that is part of the Service;
- (j) You shall not modify any files in the Service, unless authorized by MindLeaders;
- (k) You shall not disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Service; (2) the enjoyment of the Service by anyone; or (3) impose an unreasonable or disproportionately large load on our infrastructure;
- (l) You shall not institute, assist or become involved in any type of attack, including but not limited to the distribution of a virus, denial of Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
- (m) You shall not use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation: (1) any connection to an unauthorized server that emulates or attempts to emulate any part of the Service; or (2) any connection using programs, tools or software not authorized by MindLeaders;
- (n) You shall not copy, distribute or modify content from the Service or use any method to copy or distribute Service Materials or any portion of the Service;
- (o) You shall not, except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service using any method not expressly permitted by MindLeaders.
Subject to Your agreement to these Terms of Service, MindLeaders grants You a revocable, non-exclusive, non-transferable, limited license to access and use the Service subject to the limitations of this Terms of Service. You agree not to use the Service for any other purpose except for informational, personal, non-commercial use. In particular, Your right to use the Service does not include: (a) any commercial use of the Service or Service Materials; (b) distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making derivative uses of the Service or Service Materials; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) any portion of the Service or Service Materials or portions thereof; or (f) use of the Service or Service Materials for any other purpose other than for its intended purpose. Any use of the Service other than as expressly authorized herein shall terminate the license granted herein. Nothing contained herein shall be construed as conferring in any manner, whether by implication or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property or other right and any goodwill associated therewith. All rights not expressly granted are reserved.
RESTRICTIONS ON USE
The Service contains interactive areas in which You or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Service (“User Content”). You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- (a) Information that is threatening, abusive, obscene, contains nudity, is defamatory or libelous, incites violence, or is otherwise objectionable or offensive subject matter (including but not limited to racially, sexually or religiously offensive), or any information that contains a link to such content;
- (b) Information that attempts to, advocates or incites any abuse, harassment, harm, or violence of any other person or group or constitutes or encourages or assists in a criminal offense, violates the right of any party or creates liability or violates any applicable law or regulation;
- (c) Information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates another person;
- (d) Information that solicits, attempts to solicit or contains personal information of a user of the Service;
- (e) Information that collects, harvests, or posts any private information, including personally identifiable information (whether in text, image, or video form), identification documents, financial information, sensitive data, criminal charges or convictions, religious beliefs, political beliefs or other sensitive information;
- (f) Information that uploads, transmits or acts as a passive or active information collection or transmission mechanism, including without limitation, gifs, cookies, web bugs, spyware, psms, spam, direct marketing or other unsolicited advertising and promotional materials or other forms of solicitation or commercial content or contains any viruses, Trojan horses, easter eggs or other harmful, disruptive or destructive files.
LICENSE TO USER GENERATED CONTENT
By using this Service, You grant to MindLeaders a worldwide, perpetual, irrevocable, fully paid-up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license Your User Generated Content and Your name and likeness in connection with such use of Your User Generated Content. By posting User Generated Content, You hereby release MindLeaders and its agents and employees from any claims that such use above violates any of Your rights.
All information and material on the Service, including without limitation, MindLeaders logo, trademark, domain names, designs, text, graphics, pictures, information, data, software, applications, sound files, other files, and the selection and arrangement thereof and materials contain therein (collectively Service Materials) are the proprietary property of MindLeaders or its licensor or users and are protected by U.S. and international copyright laws. Other product or company names referred to on the Service made be trademarks of their respective owners. You may not use any trademark, domain name, logo, company name of MindLeaders or any third party without permission from the owner of the applicable trademark, domain name, logo, or company name.
If You believe any material available on the Service infringes a copyright You own or control, You may file a notification of such infringement with our Designated Agent as set forth below:
Marketing – DMCA Compliance
5500 Glendon Court, Suite 200
Dublin, Ohio 43016
Please see 17 U.S.C. Section 512 (c) (3) for notification requirements. In accordance with DMCA, MindLeaders has a policy of terminating in appropriate circumstances in its sole discretion, users who are deemed to be repeat infringers. MindLeaders may also, in its sole discretion, limit access to the Service and/or terminate accounts of any users who infringe intellectual property rights of others, whether or not there is a repeat infringement.
The information and material on this Service may include technical inaccuracies and/or typographical errors. The Service is provided on an “AS IS” basis and “AS AVAILABLE” for Your use without any conditions or warranties of any kind, express or implied. To the maximum extent permitted by law, MindLeaders disclaims all warranties, including but not limited to, express or implied warranties, warranties of merchantability, fitness for a particular purpose, title and non-infringement relating to any materials or information on the Service or contained therein.
MindLeaders makes no representation and accepts no responsibility for the quality, content, nature, reliability, of embedded content, third party websites accessible via hyperlink or any User Generated Content. When You leave our Service and link to another site, our Terms of Service do not govern those third party sites and materials, so You should review the applicable terms and policies of those third party sites. MindLeaders reserves the right to modify, discontinue, temporarily or permanently or any features or portions thereof without notice. You agree MindLeaders will not be liable for any modification, suspension or discontinuance of the Sites.
LIMITATION ON LIABILITY
You expressly agree that Your use of or inability to use the Service is at Your sole risk. To the maximum extent permitted by law, MindLeaders, its directors, officers, employees, affiliates, agents or contracts, shall not be liable for any direct, indirect, punitive or consequential damages or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability of the Service, the content or materials on the Service, including without limitation any damages caused by or resulting from reliance on a user on any information obtained from MindLeaders or that result from the mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to MindLeaders records, programs or Service. Under no circumstances will MindLeaders or its suppliers or licensors be liable to You for more than the amount You have paid to MindLeaders in the twelve (12) months preceding the date on which you first assert any such claim. Some jurisdictions do not allow for the limitation of liability in contract with consumers, so some or all of these limitations may not apply to You.
By Your use of the Service, You agree (to the extent permitted by applicable local U.S. and non-U.S. law) to waive any claims You may have against MindLeaders and to defend, indemnify and hold harmless MindLeaders and its service providers from and against any claims, damages, costs, liabilities, expenses, (including but not limited to, reasonably attorneys fees) arising out of or related to (a) Your use of the Service; (b) any User Generated Content You provide; and (c) Your conduct in connection with the Service. This means You cannot sue MindLeaders or recover any damages whatsoever from MindLeaders as a result of a decision to remove or refusal to process any information or content.
All users who access to the Service shall be governed by the State of Ohio, without resort to conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with MindLeaders regarding or relating in any way to Your use of the Service resides in the courts of the State of Ohio.
MindLeaders reserves the right, without notice and in its sole discretion, to terminate Your license to use the Service and to block or prevent Your future access to and use of the Service at any time.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MindLeaders failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of these Terms.
MindLeaders shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MindLeaders, including but not limited to, failure to perform due to unforeseen circumstances or causes beyond MindLeaders control such as acts of God, terrorism, riots, internet or other Service disruptions, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, lack of service to Facebook's platform, shortages of transportation, fuel, energy, labor or materials.