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The MindUniversity Terms of Service
www.minduniversity.com
TERMS OF SERVICE: BY CHECKING THE BOX AND CLICKING ON CONTINUE YOU ARE AGREEING TO ALL OF THE TERMS CONTAINED IN THIS AGREEMENT, HEREAFTER REFERRED TO AS "TOS."
DESCRIPTION OF MINDUNIVERSITY MEMBERSHIP All
MindUniversity members receive
1-year of access to The Internet
Organizer -- an educational Web site (the "Tool") that provides
users the ability to upload, organize, retrieve, present and
share information through the use of a password-protected site
accessible through the World Wide Web. Unless explicitly stated
otherwise, any new features that are subsequently added to this
website shall be subject to this TOS. The Internet Organizer
Account allows account-holders 500 MB of disk storage space and
the use of documents or devices that may help in the
organization and management of online information
ACCESS TO THE INTERNET ORGANIZER. You are solely responsible for any and all costs of obtaining access to the Internet Organizer. That access may involve third-party fees (such as Internet Service Provider or airtime charges). You are responsible for those fees and charges. In addition, you must provide and are responsible for all equipment necessary to access the Internet Organizer.
REGISTRATION OBLIGATIONS. In consideration of use of the Tool you agree to: (a) provide accurate, current and complete information about yourself as prompted by the Tool's registration form and (b) maintain and promptly update the Registration form to keep it accurate, current and complete. If you provide any information that is false, misleading, inaccurate, not current or incomplete, or MindUniversity has reasonable grounds to suspect that such information is false, misleading, inaccurate, not current or incomplete, MindUniversity has the right to suspend or terminate your account and refuse any and all current or future use of the Tool (or any portion thereof).
CONTENT SUBMITTED TO TOOL. MindUniversity does not claim ownership of material, information, communications, text, graphics, links, electronic art, animations, audio, video, photo or other data (collectively the "Content") that you place on your Tool account. In addition, you grant MindUniversity and other Tool users the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish all Content made publicly available through your account.
You agree that the owner of any Content that you upload or otherwise make available to MindUniversity and users of the Tool has granted permission for all Content to be published through the Tool and made available for reproduction, modification, adaptation, and publishing in the public domain.
You acknowledge that MindUniversity and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is stored on the Tool. MindUniversity and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content including any reliance on the accuracy, completeness, or usefulness of such Content.
LINKS TO THIRD-PARTY SITES. MindUniversity Sites may contain links or produce search results that reference links to third party Web sites (collectively "Linked Sites"). MindUniversity has no control over these Linked Sites or their content and does not assume any responsibility or liability for any content, opinions, or materials available on Linked Sites. MindUniversity cannot and does not guarantee, represent, or warrant that the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. MindUniversity does not endorse the content of any Linked Site, nor does MindUniversity warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using the MindUniversity Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk and that you may not make any claim against MindUniversity for any damages or losses whatsoever resulting from such use.
PRIVACY AND DISCLOSURE OF INFORMATION. We believe your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to any MindUniversity Site, by electronic mail or otherwise, we will treat it as non-confidential and nonproprietary to you. By posting any content on the MindUniversity Sites, you authorize us to use and allow others to use, distribute, and reproduce the content. If you are under age thirteen (13), you may not post any personally identifying information about yourself on the MindUniversity Sites without the express permission of your parent, guardian, or school. MindUniversity reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, to refuse to post, or to remove any information or materials, in whole or in part, at MindUniversity's sole discretion.
USE OF INTERNET ORGANIZER. If you participate in using any of the features or submit any content to the Internet Organizer, you agree that any information posted or submitted by you
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shall not be false, inaccurate, or misleading
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shall not be fraudulent
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shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
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shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
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shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing
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shall not be obscene or contain child or other pornography
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shall not contain 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 any system, data, or personal information
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shall not create liability for MindUniversity or cause MindUniversity to lose (in whole or in part) the services of our ISPs or other suppliers
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shall not link directly or indirectly to links that you do not have a right to link to or include
MindUniversity has no obligation to monitor the Internet Organizer. However, MindUniversity reserves the right to review materials posted to the Internet Organizer and to remove any materials in its sole discretion. MindUniversity reserves the right to terminate your access to any or parts of the Internet Organizer at any time, without notice, for any reason whatsoever. MindUniversity does not control or endorse the content, messages, or information found in any part of the Internet Organizer, and, therefore, MindUniversity expressly disclaims any liability with regard to the Internet Organizer and any action resulting from your from your use of the program. All such participation is solely at your own risk.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Internet Organizer, you warrant to MindUniversity that you will not use the Internet Organizer for any purpose that is unlawful or prohibited by these TOS. You agree not to use the Internet Organizer in any manner that could damage, disable, overburden, or impair the Internet Organizer or interfere with any other party's use and enjoyment of the Internet Organizer. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Internet Organizer.
MODIFICATIONS TO INTERNET ORGANIZER. MindUniversity reserves the right to modify or discontinue, temporarily or permanently, the Internet Organizer (or any part thereof) with or without notice. You agree that MindUniversity shall not be liable to you or any third party for any modification, suspension or discontinuance of the Internet Organizer. MindUniversity may from time to time add additional functionality to the “Tool” and reserves the right to charge for this additional functionality. Continued use of the Internet Organizer after any functionality enhancements shall be considered acceptance of the revised TOS.
TERMINATION. MindUniversity reserves the right to terminate or temporarily suspend your use of the Internet Organizer at any time without liability and with no prior notice. MindUniversity reserves the right to change or discontinue your account at any time with or without notice to you.
INDEMNITY. You agree to defend, indemnify, and hold MindUniversity and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
NO WARRANTIES. You acknowledge that the Internet Organizer has been provided to you only for your personal, educational, and noncommercial use. The Internet Organizer, its Content, and its use are provided "as is," with no guarantees of completeness, accuracy or timeliness. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MINDUNIVERSITY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. MINDUNIVERSITY AND ITS AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE TOOLS WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
LIMITATION OF LIABILITY. THE USE OF MINDUNIVERSITY'S INTERNET ORGANIZER IS AT YOUR OWN RISK. IN NO EVENT SHALL MINDUNIVERSITY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE INTERNET ORGANIZER, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF MINDUNIVERSITY WAS AWARE THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. YOU ACKNOWLEDGE THAT MINDUNIVERSITY ASSUMES NO LIABILITY FOR ANY OF THE DATA, IMAGES OR SOUNDS STORED ON OR TRANSMITTED THROUGH THE INTERNET ORGANIZER, INCLUDING DATA IMAGES OR SOUNDS THAT MAY BE OBSCENE, OFFENSIVE, ILLEGAL, OR AN INFRINGEMENT OF PROPERTY RIGHTS OR COPYRIGHT OF OTHERS. FURTHERMORE, IN NO EVENT SHALL MINDUNIVERSITY BE LIABLE FOR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MINDUNIVERSITY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE TOOL.
VENUE AND JURISDICTION. This Agreement shall be subject to and understood in accordance with the laws of the State of Illinois, excluding conflict of law principles. The parties consent to jurisdiction and venue exclusively in the State of Illinois. Those who access this Web site, Content and/or the Internet Organizer from other locations do so at their own risk and are responsible for compliance with applicable local laws. MindUniversity makes no claim that the Content or any data delivered through the Tool is appropriate or available for use in other locations, and access to it from territories where the Content or data is illegal is prohibited. The failure of MindUniversity to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. In the event that any provisions of this Agreement are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Internet Organizer or the TOS must be filed within six (6) months after such claim or cause of action arose or be forever barred.
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