MindWorks Resources - Terms of Use
By clicking or checking a box indicating your acceptance of these Terms of Use, or by accessing any of the Content (as defined below), you agree to be bound by these Terms of Use and to any amendments thereof that may be presented to you from time to time (collectively, the “Terms”). You can find the most current version of the Terms at http://mindworksresources.com/pages/terms-and-conditions.
(A) YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OR (B) IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least eighteen (18) and your legal guardian does not agree with all of these Terms, you must not accept these Terms and you may not access or use the Content.
1. Definitions. For purposes of the Terms, the terms set forth in this section have the meanings assigned to them below:
“MindWorks Resources” means MindWorks Resources, Incorporated, a Texas corporation.
“Content” means any and all online and/or downloadable content provided by MindWorks Resources to the User, including without limitation printed or digital courses that MindWorks Resources may offer and all websites, videos, applications, documentation, and other information provided by MindWorks Resources in connection therewith or otherwise.
“User Account” means the unique user account assigned to you in connection with the Content.
2. Access to and Use of the Content.
2.1 Limited License. Subject to the Terms, MindWorks Resources grants you a personal, revocable, nonexclusive, non-transferable, non-sublicensable right and license to access the Content and use the Content for your personal noncommercial use for the duration of time for which the applicable fees, if any, have been paid. In addition:
2.1.1 You will not reproduce, publish, or distribute content in connection with the Content that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
2.1.2 You will not: (a) abuse or misuse the Content, including without limitation gaining or attempting to gain unauthorized access to the Content and altering or destroying information in the Content; (b) using the Content in such a manner that interferes with other Users’ use of the Content; or (c) using the Content in any manner that violates the Terms.
2.1.3 You will not: (a) make the Content, in whole or in part, available to any other person, entity, or business, including without limitation by framing or inline linking any of the Content, or incorporating into another website or other service any of the Content; (b) copy, reverse engineer, decompile, or disassemble the Content, in whole or in part; or (c) modify the Content or associated software or combine the Content with any other software or content not provided or approved by us. You will obtain no rights to the Content except for the limited rights to use the Content expressly granted by the Terms.
2.2 Compliance with Terms. You will at all times comply with the Terms.
2.3 Compliance with Law. You will comply with all applicable laws in connection with your access and use of the Content. You will not undertake or permit any unlawful use of the Content, or take any action that would render the operation or use of the Content by MindWorks Resources or any other User unlawful. MindWorks Resources offers no assurance that your use of the Content under the terms of the Terms will not violate any law or regulation applicable to you.
If you access the Content from outside the United States, you are responsible for ensuring that your use complies with local laws and regulations, including but not limited to data protection and international data transfer requirements.
2.4 User Account.
2.4.1 You acquire no ownership rights in your User Account, and your User Account may be terminated or changed at any time in MindWorks Resources’s sole discretion. User accounts and personal information management are handled through Shop.com. If you need to update your account details, please log in to your Shop.com account.
2.4.2 You will adopt and maintain reasonable and appropriate security precautions to prevent disclosure to or use by unauthorized persons of your User Account. You are responsible for maintaining the confidentiality of your User Account and account password, and are responsible for all activities that occur under your account. You agree to immediately notify MindWorks Resources of any breach or suspected breach of the security of the Content of which you become aware, or any unauthorized use or disclosure of information within or obtained from the Content, and you will take such action to mitigate the breach or suspected breach as MindWorks Resources may direct, and will cooperate with MindWorks Resources in investigating and mitigating the breach.
2.4.3 You will: (i) provide true, accurate, current and complete information about yourself as prompted by the Content's registration form (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Content (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy, as it may be updated from time to time, a copy of which can be found at http://mindworksresources.com/pages/privacy-policy.
2.5 Indemnification. You agree to indemnify, defend, and hold harmless MindWorks Resources and its affiliates, officers, directors, and agents from and against any claim, cost, or liability, including without limitation reasonable attorneys’ fees, arising out of: (a) your use of the Content; (b) any breach by you of any representations, warranties, or agreements contained in the Terms; (c) the actions of any person gaining access to the Content under your User Account that adversely affects the Content; and (e) your negligent or willful misconduct.
3. Product and Service Notifications. MindWorks Resources may place advertisements concerning the products and services of third parties on the Content, so that you see them when you use the Content. MindWorks Resources may receive remuneration from the suppliers of these products and services for placing their advertisements. MindWorks Resources may use computerized processes to tailor the advertisements to you or to your use of the Content. However, except as expressly permitted under the Terms, MindWorks Resources will not disclose to any third party any information that identifies you to enable the third party to market products or services to you directly.
4. Third-Party Sites and Service Providers. The Content may contain hyperlinks (including without limitation hyperlinked advertisements) to Internet web sites operated by third parties, or to materials or information made available by third parties. Such third parties may offer goods or services for sale to you. Such links do not constitute or imply MindWorks Resources’s endorsement of such third parties, or of the content of their sites, the quality or efficacy of their goods or services, or their information privacy or security practices, and MindWorks Resources has no responsibility for information, goods, or services offered or provided by such third parties, or for the manner in which they conduct their operations. Your use of third-party sites and the materials, goods, and services offered by them is entirely at your own risk, and is subject to the terms of use of the third parties operating or providing them. You should assume that any Internet page or other material that does not bear the MindWorks Resources logo is provided by a third party.
5. Intellectual Property.
5.1 Ownership. All right, title, and interest (including all copyrights and other intellectual property rights) in the Content in any form belongs exclusively to MindWorks Resources and/or its licensors. You acquire no proprietary interest in any of the Content. You shall not create, authorize, or facilitate the creation of any derivative works based on the Content without the prior written consent of MindWorks Resources. You must promptly advise MindWorks Resources in writing of any improper disclosure, misappropriation, unauthorized derivative works, or misuse of the Content by any person that may come to your attention.
5.2 Irreparable Harm. You acknowledge that MindWorks Resources will suffer irreparable harm if you fail to comply with your obligations set forth in this Section 6, and you further agree that monetary damages will be inadequate to compensate MindWorks Resources for any such breach. Accordingly, you agree that MindWorks Resources will, in addition to any other remedies available to MindWorks Resources at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
5.3 Trademarks. “MindWorks Resources” and all MindWorks Resources logos and product and service names are trademarks of MindWorks Resources (the “MindWorks Resources Marks”). Without MindWorks Resources' prior written permission, you agree not to display or use in any manner, any of the MindWorks Resources Marks.
5.4 Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by MindWorks Resources infringe your copyright, you, or your agent may send to MindWorks Resources a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MindWorks Resources actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MindWorks Resources a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. MindWorks Resources’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@mindworksresources.com
5.5 This Section 5 will survive the termination of the Terms for any reason.
6. Disclaimers, Exclusion of Warranties, and Limitation of Liability.
6.1 Carrier Lines. YOU ACKNOWLEDGE THAT ACCESS TO THE CONTENT WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND MINDWORKS RESOURCES’ CONTROL. MINDWORKS RESOURCES ASSUMES NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT USER’S RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
6.2 No Warranties. ACCESS TO THE CONTENT AND THE INFORMATION CONTAINED ON THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MINDWORKS RESOURCES MAKES NO WARRANTY THAT (I) THE CONTENT WILL MEET YOUR REQUIREMENTS, (II) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE CONTENT PURCHASED OR OTHERWISE RECEIVED BY YOU FROM MINDWORKS RESOURCES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDWORKS RESOURCES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IF YOU WISH TO APPLY IDEAS OR METHODS CONTAINED OR DESCRIBED IN THE CONTENT, YOU ARE TAKING FULL RESPONSIBILITY FOR YOUR ACTIONS.
MINDWORKS RESOURCES IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING PAYMENT PROCESSORS, HOSTING PROVIDERS, OR ADVERTISERS. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND POLICIES OF THOSE THIRD PARTIES.
6.3 Limitation of Liability. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE CONTENT, INCLUDING WITHOUT LIMITATION INACCURATE OR INCOMPLETE INFORMATION. MINDWORKS RESOURCES DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE CONTENT. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL MINDWORKS RESOURCES BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF MINDWORKS RESOURCES HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.
7. Termination. You may discontinue your use of the Content at any time. You agree that MindWorks Resources may, upon expiration of the period of time for which the applicable fees, if any, have been paid or upon your breach of any of these Terms, terminate your access to the Content, terminate the Terms, or suspend or terminate your User Account. In the event of termination, your account will be disabled and you may not be granted access to the Content, your account, or any files or other content contained in your User Account.
8. Modification. MindWorks Resources may change the Content and/or the Terms at any time and from time to time. You agree that MindWorks Resources shall not be liable to you or to any third party for any modification of the Content and/or the Terms.
9. Export Controls. You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.
If you are in a country outside of the United States, you agree to additionally comply with any local rules regarding online conduct and acceptable content, including without limitation laws regulating the export and reexport of data to and from the United States or such other country. You acknowledge that access to the Content may be restricted based on geographic location and that MindWorks Resources reserves the right to deny access to users in certain jurisdictions in compliance with applicable trade laws.
10. Applicable Law. The interpretation of the Terms and the resolution of any disputes arising under the Terms shall be governed by the laws of the State of Texas. If any action or other proceeding is brought on or in connection with the Terms, the venue of such action shall be exclusively in Dallas County, Texas.
If you are accessing the Content from outside the United States, you agree that you are doing so voluntarily and that the laws of the State of Texas shall apply to your use of the Content, regardless of any conflicting local regulations.
11. Severability. Any provision of the Terms that shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provision of the Terms, and such other provisions shall remain in full force and effect.
12. Notices. You agree that MindWorks Resources may provide you with notices, including without limitation those regarding changes to the Terms, by posting updates on our website. It is your responsibility to review the Terms periodically for changes. Your continued use of the Content after any updates to the Terms constitutes your acceptance of the revised Terms.
13. Waiver. No provision in the Terms shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
14. Complete Understanding. The Terms (including without limitation any policies, guidelines, and amendments that may be presented to your form time to time) constitute the entire agreement between you and MindWorks Resources and govern your access to and use of the Content, superseding any prior agreements between you and MindWorks Resources relating to the Content. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MindWorks Resources services, affiliate services, third-party content, or third-party software.
15. No Third-Party Beneficiaries. Nothing express or implied in the Terms is intended to confer, nor shall confer, upon any person or entity other than the parties and their respective successors or assigns any rights, remedies, obligations, or liabilities whatsoever.