MindWorks Resources - Terms of Use

These Terms of Use govern your access to and use of the MindWorks Resources website. By accessing or using the Site, or by clicking or checking a box indicating your acceptance, you agree to be bound by these Terms of Use and to any amendments that may be presented to you from time to time (collectively, the “Terms”). You can find the most current version of the Terms at https://www.mindworksresources.com/pages/terms-and-conditions.

If you do not agree with all of these Terms, you may not access or use the Site.

You represent that you are eighteen (18) years of age or older, or that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1. Definitions. For purposes of the Terms, the terms below have the meanings assigned to them:

“MindWorks Resources” means MindWorks Resources, Incorporated, a Texas corporation.

“Site” means mindworksresources.com and any affiliated domain or subdomain thereof, together with any content and services MindWorks Resources provides through mobile devices. The Site does not include Fox Den, which is governed by the Fox Den Terms as described in Section 4.2. Publicly accessible pages that describe Fox Den are part of the Site.

“Fox Den” means the password-protected areas of the MindWorks Resources platform made available to registered users, together with the content, materials, and services provided within them.

“Fox Den Terms” means the separate terms and conditions that a user must accept in order to create a Fox Den account and access Fox Den.

“Site Content” means the text, graphics, images, logos, videos, articles, product descriptions, documentation, software, and other material made available by MindWorks Resources on or through the Site. Site Content does not include the curriculum, instructional materials, or other products that MindWorks Resources sells, or any content made available within Fox Den, each of which is governed by the separate agreements described in Section 4.

“Account” means a customer account created on or in connection with the Site’s online store. A Fox Den account is a separate account, created and maintained on a separate system, and is not an Account for purposes of these Terms.

2. Acceptable Use.
2.1 Compliance. You will at all times comply with the Terms and with all applicable laws in connection with your access to and use of the Site. You will not undertake or permit any unlawful use of the Site, or take any action that would render the operation or use of the Site by MindWorks Resources or any other user unlawful. MindWorks Resources offers no assurance that your use of the Site will not violate any law or regulation applicable to you.

2.2 Prohibited conduct. You will not:

(a) abuse or misuse the Site, including gaining or attempting to gain unauthorized access to the Site or to any account, system, or network connected to it, or altering or destroying information on the Site;

(b) use the Site in a manner that interferes with any other user’s use of the Site, or that impairs, overburdens, or disrupts the Site or its infrastructure;

(c) frame or inline link any Site Content, or incorporate any Site Content into another website or service;

(d) copy, reverse engineer, decompile, or disassemble any software made available through the Site;

(e) use any robot, scraper, or other automated means to access or collect Site Content, except that operators of public search engines may crawl the Site for the purpose of creating publicly available search indices; or

(f) post, transmit, or make available through the Site any material that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other proprietary right.

2.3 International access. If you access the Site from outside the United States, you are responsible for ensuring that your use complies with local laws and regulations, including data protection and international data transfer requirements.

3. Accounts.

3.1 You acquire no ownership rights in your Account, and your Account may be terminated or changed at any time in MindWorks Resources’s sole discretion. Customer accounts and login are hosted by our e-commerce platform provider. You may review and update your account details by signing in through the Account link on the Site, or by contacting us.

3.2 You will adopt and maintain reasonable and appropriate security precautions to prevent disclosure to or use by unauthorized persons of your Account. You are responsible for maintaining the confidentiality of your Account and any associated credentials, and are responsible for all activities that occur under your Account. You agree to notify MindWorks Resources promptly of any breach or suspected breach of the security of your Account or the Site of which you become aware, and to cooperate with MindWorks Resources in investigating and mitigating it.

3.3 You will (i) provide true, accurate, current, and complete information as prompted by the Site’s registration or checkout process, and (ii) maintain and promptly update that information to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your Account. Our use of personally identifiable information you provide 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 https://www.mindworksresources.com/pages/privacy-policy.

3.4 Fox Den accounts are separate. Fox Den accounts are created and maintained on a system separate from the Site’s online store, using separate credentials, and are governed by the Fox Den Terms. Creating an Account does not create a Fox Den account or grant access to Fox Den, and this Section 3 does not apply to Fox Den accounts.

4. Separate Agreements.
4.1 Products, quotes, and purchases. These Terms govern your use of the Site. They do not grant any license or right in the curriculum, instructional materials, or other products that MindWorks Resources sells. Your rights and obligations with respect to purchased products, including any license to reproduce or use curriculum materials, are governed exclusively by the product license terms, quotation terms, and other purchase documentation applicable to your order.

4.2 Fox Den. Access to Fox Den requires registration and acceptance of the Fox Den Terms, which are presented at account creation. These Terms do not govern your access to or use of Fox Den, and grant no right to access it. Your rights and obligations with respect to Fox Den and any content made available within it are governed exclusively by the Fox Den Terms.

4.3 Conflict. In the event of any conflict or inconsistency between these Terms and the terms applicable to a purchase, the purchase terms control with respect to that purchase and the products supplied under it. In the event of any conflict or inconsistency between these Terms and the Fox Den Terms, the Fox Den Terms control with respect to Fox Den.

4.4 Product and pricing information. MindWorks Resources endeavors to describe products and pricing accurately on the Site, but does not warrant that product descriptions, availability, pricing, or other Site Content are complete, current, or error-free. MindWorks Resources reserves the right to correct errors and to modify or discontinue products and pricing at any time without notice, and to refuse or cancel any order.

5. Third-Party Sites and Service Providers. The Site may contain hyperlinks to websites 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, of the content of their sites, of the quality or efficacy of their goods or services, or of 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.

6. Intellectual Property.

6.1 Ownership. All right, title, and interest (including all copyrights and other intellectual property rights) in the Site and the Site Content belongs exclusively to MindWorks Resources and/or its licensors. You acquire no proprietary interest in any Site Content. You shall not create, authorize, or facilitate the creation of any derivative works based on the Site Content without the prior written consent of MindWorks Resources. You must promptly advise MindWorks Resources in writing of any improper disclosure, misappropriation, unauthorized derivative work, or misuse of the Site Content by any person that may come to your attention.

6.2 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.

6.3 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.

6.4 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 https://www.copyright.gov 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

6.5 This Section 6 will survive the termination of the Terms for any reason.

7. 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 Site; (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 Site under your Account that adversely affects the Site; and (d) your negligent or willful misconduct.

8. Disclaimers, Exclusion of Warranties, and Limitation of Liability.
8.1 Carrier Lines. YOU ACKNOWLEDGE THAT ACCESS TO THE SITE 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, AND 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 YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.

8.2 No Warranties. ACCESS TO THE SITE AND THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS 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 SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SITE CONTENT WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDWORKS RESOURCES THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IF YOU WISH TO APPLY IDEAS OR METHODS CONTAINED OR DESCRIBED IN THE SITE CONTENT, YOU ARE TAKING FULL RESPONSIBILITY FOR YOUR ACTIONS.

ANY WARRANTIES APPLICABLE TO PRODUCTS PURCHASED FROM MINDWORKS RESOURCES ARE ADDRESSED SOLELY IN THE PURCHASE TERMS APPLICABLE TO THAT ORDER, AND NOTHING IN THIS SECTION 8 IS INTENDED TO MODIFY THEM.

MINDWORKS RESOURCES IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING PAYMENT PROCESSORS AND HOSTING PROVIDERS. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND POLICIES OF THOSE THIRD PARTIES.

8.3 Limitation of Liability. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SITE CONTENT, INCLUDING WITHOUT LIMITATION RELIANCE ON 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 BY THE SITE. 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.

9. Termination. You may discontinue your use of the Site at any time. MindWorks Resources may, upon your breach of any of these Terms, terminate or suspend your access to the Site, terminate the Terms, or suspend or terminate your Account. In the event of termination, your Account may be disabled and you may not be granted access to the Site or your Account. Termination of your access to the Site does not affect any rights you hold in products already purchased, which are governed by the applicable purchase terms, and does not itself terminate your Fox Den access, which is governed by the Fox Den Terms.

10. Modification. MindWorks Resources may change the Site 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 Site and/or the Terms.

11. 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 Site 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.

12. Governing Law and Venue. 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 Site 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 Site, regardless of any conflicting local regulations.

13. 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.

14. Notices. You agree that MindWorks Resources may provide you with notices, including without limitation those regarding changes to the Terms, by posting updates on the Site. It is your responsibility to review the Terms periodically for changes. Your continued use of the Site after any updates to the Terms constitutes your acceptance of the revised Terms.

15. 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.

16. Entire Agreement. The Terms constitute the entire agreement between you and MindWorks Resources with respect to your access to and use of the Site, and supersede any prior agreements between you and MindWorks Resources relating to the Site. The Terms do not supersede, limit, or modify the Fox Den Terms, or any product license, quotation terms, purchase agreement, or other written agreement between you and MindWorks Resources relating to products or services purchased from MindWorks Resources, each of which remains in full force and effect according to its own terms.

17. 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.

18. Contact. Questions regarding these Terms may be directed to MindWorks Resources at support@mindworksresources.com or through the contact form at https://www.mindworksresources.com/pages/contact-us.

Last Modified: July 30, 2026