Your use of Mindprint’s Services is subject to the terms of the legal agreement between you and Mindprint set forth in these Terms of Service (“TOS”). These TOS apply to any use of the Services including any information, tools, features and functionality including content, updates and new releases located on MindprintLearning.com, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the MindprintLearning.com website) or you are a “Subscriber” (which means that you have registered with MindprintLearning.com). The term “you” or “User” refers to a Visitor or a Subscriber. The term “we” refers to Mindprint Learning. If you wish to become a Subscriber, communicate with other Subscribers and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not accept this Agreement if you are not of a legal age to form a binding contract with Mindprint. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. YOU ALSO AGREE THAT YOU HAVE THE LEGAL RIGHT TO REPRESENT ANY CHILD THAT YOU REGISTER ON THE SITE AND HAVE THE LEGAL RIGHT TO SHARE ANY PERSONAL INFORMATION ABOUT THAT CHILD.
In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Mindprint for any Service; or by (2) actually using the Services. In this latter case, you acknowledge and agree that Mindprint will treat your use of the Services as acceptance of the TOS from that point onwards. By accepting this Agreement, (1) you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity; and (2) you are not a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services. Before you continue, you should print or save a local copy of this Agreement for your records.
For information about Mindprint’s data privacy and protection practices, please read Mindprint’s Privacy and Security Statement, which is hereby incorporated into this Agreement. This policy explains how Mindprint treats your Personal Information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
The Service is an online assessment of cognitive skills that can then be used to access a customized list of product and service recommendations for improving educational offerings. The Service is specifically designed for children ages 8-21 and their legal guardians or authorized caregivers. The Service may present information enabling the purchase of third party products or services through third party providers. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS.
The Service is provided to you by Mindprint and is not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and links on the Site, whether provided by the Company, contracted for by the Company from a third party or from un-affiliated external providers, is provided simply for your convenience and not for diagnostic purposes. Please consult a physician if you have any questions about the information and application of the information provided from this Service.
You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of cognitive research and technology in use by Mindprint at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Mindprint is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Mindprint provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Mindprint may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Mindprint’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Mindprint when you stop using the Services unless you are requesting closure of your account. Mindprint assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. At this time, the Mindprint assessment is only available to be administered over a desktop or laptop personal computer with a mouse and not other devices such as a touchscreen or tablet device. You are solely responsible for providing such equipment. You acknowledge and agree that while Mindprint may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Mindprint at any time, at Mindprint’s discretion.
Your right to access and use the Service is personal to you and your registered children is not transferable by you to any other person or entity. You are only entitled to access and use MindprintLearning.com for lawful purposes. You are only entitled to use MindprintLearning.com for those children for whom you have legal authorization.
Accurate records enable Mindprint to provide the Service to you. In order for the Service to function effectively, you must also keep your Personal Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of MindprintLearning.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of MindprintLearning.com or other actions that Mindprint, in its sole discretion, may elect to take. Any interruption of service at MindprintLearning.com should not impact any in-process test administration. If such an interruption should occur, please contact us immediately at 609-356-1480.
If you are under the age of 13 years, you MUST have your parents or legal guardian’s permission to use this website and the subsequent pages. Including but not limited to; All forum pages, photo galleries, blog posts and links from this website.
We respect the privacy of children, and do not collect any more personal information than reasonably necessary to enable them to participate in the activities we offer at our site.
Neither Mindprint nor the service is intended to provide legal or medical advice. Mindprint is not a Physician or licensed clinician. The Service is intended only to assist you in an improved understanding of your child’s learning strengths and weaknesses. Every child is a unique individual and may manifest behaviors that are not readily discernible by an online evaluation. Any information and advice obtained through the Service may not be appropriate for your child’s specific situation and needs. Accordingly, before making any final decisions or implementing any educational strategy, you should consider obtaining additional information and advice from your physician or other educational advisers who are fully aware of your individual circumstances and have met with you and your child in person.
Once you obtain the results of your Cognitive Assessment, you may learn information about your child that you do not anticipate.You should not assume that any information we may be able to provide to you will be welcome or positive and such information may evoke strong emotions. We may recommend you obtain further services from your physician or other health care provider. We stress that every individual has relative cognitive strengths and weaknesses and we believe that appropriate educational content can be used to improve both learning experience and outcomes based on scientific research made available throughout our website. However, you should not change your learning behaviors solely on the basis of information from Mindprint.If you have concerns or questions about what you learn through Mindprint, you should refer to information located on our web site or contact your physician or other health care provider.
The scoring mechanism may not be able to process your test results, and the scoring mechanism may result in errors.The scoring mechanism may not be able to process your test results if it detects issues during test administration or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Mindprint will reprocess a new assessment at no charge to the user. If the second attempt to process a new assessment fails, the user is entitled solely and exclusively to a complete refund of the amount paid to Mindprint, provided that the user shall not resubmit another assessment through a future purchase of the service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the service and processing is not successful, Mindprint will not offer to reprocess the assessment or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the scoring process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
Mindprint Services are for informational use only. The Cognitive Information provided by Mindprint is for informational use only. While the assessment results that we report have been statistically normed and validated, and the technology we use has been widely used for clinical testing; these tests were not designed for administration in the home by a parent or guardian. The Services are not intended to be used for any diagnostic purpose and are not a substitute for professional advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, treatment, or mitigation of any condition or impairment or the status of your cognitive health.
Mindprint does, however, recommend resources, tests, physician or other health care providers, or other products, procedures, opinions, or other information that may be mentioned on our website. As explained on our website, Mindprint believes that (a) cognitive function is only part of the picture of any individual’s state of being, (b) the state of the understanding of Cognitive Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of cognitive function, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors. Reliance on any information provided by Mindprint, Mindprint employees, others appearing on our website at the invitation of Mindprint, or other visitors to our website is solely at your own risk.
By accessing Mindprint Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Mindprint has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Mindprint and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Mindprint has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Mindprint has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are solely responsible for all activities that occur under your password or account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s). including but not limited to illegal or improper use by your child or someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service. You agree to (a) immediately notify Mindprint of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mindprint cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Mindprint immediately at the email address – info@MindprintLearning.com
In order to use the Services, you must first acknowledge and agree to thePrivacy & Security Statement. You may not use the Services if you do not accept the Privacy & Security Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Mindprint for any Service; or by (2) actually using the Services.
You acknowledge and agree that Mindprint has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. OurPrivacy & Security Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Mindprint Services, website, or other systems. We may include your information in the Aggregated Cognitive Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal or disclose to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. Mindprint will not release your individual-level Cognitive Information and/or Self-Reported Information to any third party, unless required by law. Further, you acknowledge and agree that Mindprint is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Mindprint may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Mindprint TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mindprint, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Mindprint may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information. See our completePrivacy & Security Statement here.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Mindprint, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Mindprint Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Mindprint and/or the sponsors who provide that content to Mindprint (or by other persons or companies on their behalf). Mindprint grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Mindprint website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © Mindprint Learning, Inc. 2013. All rights reserved; distributed pursuant to a Limited License from Mindprint; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Mindprint or by the owners of that content, in a separate agreement.
As a condition of your use of the Services, you warrant to Mindprint that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Mindprint, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users offered pursuant to the Services); (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Mindprint or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless expressly pertmitted; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including charity requests and petitions for signatures, except in those areas where expressly permitted and only to the extent such content is authorized by law; (12) send unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service; (13) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (14) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Mindprint; (15) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Mindprint’s website; (16) attempt to or actually override any security component of Mindprint web services; (17) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (18) post comments or reviews about products in which you have a personal or financial interest unless you fully disclose such interest in your post; (19) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Mindprint; or (20) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Mindprint has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Mindprint may suffer) of any such breach. In case of breach of any one of these agreements Mindprint has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Mindprint and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Mindprint has a reasonable ground to suspect that you have violated the terms of this Section, Mindprint has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Mindprint’s Services online.
As part of the Service, Mindprint allows Users to post product reviews and content on bulletin boards, blogs and at various other publicly available locations on MindprintLearning.com. These forums may be hosted by Mindprint Learning or by one of our third party service providers on Mindprint Learning’s behalf. You agree in posting content to follow certain rules under the TOS.
Mindprint will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-Mindprint content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Mindprint be liable in any way for any non-Mindprint content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Mindprint and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Mindprint and its designees shall have the right to remove any content that violates the TOS or is deemed by Mindprint, in its sole discretion, to be otherwise objectionable. You acknowledge and 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.
User Content. Mindprint does not claim ownership of the User Content you provide to Mindprint (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Mindprint, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 11 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Mindprint to make such User Content available to other Users, companies, organizations, or individuals with whom Mindprint has relationships, and to use such User Content in connection with the provision of those services.
You understand that Mindprint, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Mindprint to take these actions. You represent and warrant to Mindprint that you have all the rights, power, and authority necessary to grant the above license.
Cognitive and/or Self-Reported Information. Disclosure of individual-level Cognitive and/or Self-Reported Information to third parties will not occur, unless required by law. Note that Mindprint cannot control any further distribution of Cognitive and/or Self-Reported Information that you share publicly on the Mindprint website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Mindprint has no obligation to do so on your behalf.
Any Cognitive Information derived from your assessment results remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from Mindprint as a result of having your Cognitive Information processed; made available to you; or, as provided in our Privacy & Security Statement and Terms of Service, shared with or included in Aggregated Cognitive and Self-Reported Information shared with research and partners.
Waiver of Property Rights. As stated above, you understand that by having your Cognitive Information processed, accessing your Cognitive Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Mindprint or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Cognitive Information or Self-Reported Information.
You agree to defend and hold Mindprint, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
If you or your child have submitted to a cognitive assessment or otherwise provided your own Cognitive Information, you will defend and hold harmless Mindprint, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your Cognitive Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Cognitive and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Mindprint, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Cognitive and/or Self-Reported Information.
Other than pursuant to the terms of the Limited License in Section 11 of this TOS or unless otherwise agreed in a separate agreement between you and Mindprint, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Mindprint may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Mindprint’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Mindprint has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Cognitive Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Mindprint reserves the right to change these general practices and limits in its sole discretion.
Mindprint reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Mindprint features or Services, and (ii) Mindprint shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Mindprint. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Mindprint to deliver these to you) as part of your use of the Services.
You acknowledge that Mindprint may offer different or additional technologies or features to collect and/or interpret Cognitive Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Cognitive Information without fee, and that you will have to pay additional fees in order to have your Cognitive Information collected, processed, and/or interpreted using any future or additional technologies or features.
You acknowledge that Mindprint may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Mindprint a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
If you want to terminate your legal agreement with Mindprint, you may do so by notifying Mindprint at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Mindprint’s address, which is set out at the beginning of the TOS, or online viaCustomer Support. If you provide notice online, Mindprint will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
Mindprint may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Mindprint is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Mindprint offered the Services to you has terminated its relationship with Mindprint or ceased to offer the Services to you; (4) Mindprint is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Mindprint is, in Mindprint’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Mindprint shall not be liable to you or any third party for any termination of your access to the Services.
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Mindprint have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this Agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Mindprint shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. For example, in connection with product recommendations Mindprint Learning will provide links to other web sites. Because Mindprint has no control over such sites and resources, you acknowledge and agree that Mindprint is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mindprint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk. Such risk shall include any issues related to product purchases through third party websites that may be facilitated by Mindprint regardless of whether or not Mindrpint earns a commission on such purchases. Mindprint does not endorse, warrant or guarantee the products or services available through these third parties. Mindprint is not an agent or broker or otherwise responsible for the activities or policies of those web sites, although Mindprint may receive a commission from the sale of these products.
Mindprint does not guarantee that the products and prices offered by any particular third party on our website are actually the product and terms that you will receive if you decide to purchase through that third party. Nor does Mindprint guarantee that they are the available prices in the market.
Use of certain Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MINDPRINT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNINJTION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LONJTION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNINJTION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Mindprint may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Mindprint account, such as a change in your Personal Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Mindprint may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for Mindprint. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode or Personal Information about your child. However, such alerts may include product recommendations specific to your child. They also may include your Mindprint Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Mindprint does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Mindprint shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
You acknowledge and agree that Mindprint (or Mindprint’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Mindprint and that you shall not disclose such information without Mindprint’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Mindprint, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Mindprint and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Mindprint Learning, Inc., Mindprint, and other Mindprint logos and product and service names are trademarks of Mindprint and these marks together with any other Mindprint trade names, service marks, logos, domain names, and other distinctive brand features are the “Mindprint Marks”. Unless you have agreed otherwise in writing with Mindprint, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any Mindprint Marks and you agree not to display, or use in any manner, Mindprint Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Mindprint, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, Mindprint grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Mindprint, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mindprint, in the manner permitted by the TOS. Unless Mindprint has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Mindprint for use in accessing the Service. Any rights not expressly granted herein are reserved.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MINDPRINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) MINDPRINT MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDPRINT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. MINDPRINT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, MINDPRINT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MINDPRINT,OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINDPRINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MINDPRINT SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Notices to you may be made via either email or regular mail. Mindprint may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
Mindprint Learning, Inc.
ATTN: Legal Department
252 Nassau Street, 2nd Floor
Princeton, NJ 08542
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Mindprint may make changes to the TOS from time to time. When these changes are made, Mindprint will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Mindprint will treat your use as acceptance of the updated TOS.
If you violate the terms of these TOS and/or Mindprint has a reasonable ground to suspect that you have violated the terms of these TOS, Mindprint has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).