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:
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.
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:
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:
MindLeaders, Inc. Marketing – DMCA Compliance 5500 Glendon Court, Suite 200 Dublin, Ohio 43016 (614) 731-7300 Marketing@mindleaders.com
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.
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.
Copyright MindLeaders, Inc. 2014