Effective Date: October 11, 2019
Thank you for visiting Mindsize.me (the “Website”). Mindsize, LLC and/or its affiliates (“Mindsize”) provide website features and other products and services to you when you visit Mindsize.me, use Mindsize products or services, or use software provided by Mindsize in connection with any of the foregoing (collectively, “Mindsize Services”). Mindsize provides the Services subject to the following conditions.
To the extent prohibited by applicable law, the Website and Services should not be used by anyone under the age of eighteen and you represent that you are of legal age. You may not access or use the Website or Services for any purpose if either of the representations in the preceding sentence is not true.
When you use Mindsize Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Website and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in, or made available through, Mindsize Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Mindsize or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in, or made available through, Mindsize Services is the exclusive property of Mindisize and protected by U.S. and international copyright laws.You shall comply with all applicable laws regarding your use of the Website and Services. You will not remove any copyright, trademark, or other proprietary notices from material found on the Website and Services.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Mindsize Services are trademarks or trade dress of Mindsize in the U.S. and other countries. Mindsize’s trademarks and trade dress may not be used in connection with any product or service that is not Mindsize’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mindsize. All other trademarks not owned by Mindsize that appear in any Mindsize Services are the property of their respective owners, who may or may not be affiliated with or connected to Mindsize.
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Mindsize. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from the Mindsize Website or Service, you do so entirely at your own risk.
LICENSE AND ACCESS
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MINDSIZE WEBSITE AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY MINDSIZE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MINDSIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MINDSIZE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MINDSIZE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MINDSIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MINDSIZE DOES NOT WARRANT THAT THE MINDSIZE WEBSITE, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MINDSIZE’S WEBSITE, SERVICES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM MINDSIZE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MINDSIZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE AND ANY MINDSIZE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MINDSIZE WEBSITE AND ANY MINDSIZE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MINDSIZE, AND ITS SERVICE PROVIDERS, SUPPLIERS, AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO US.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Mindsize and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that material available through our Website or Services, infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the party that made such material available by means of the most recent email address, if any, provided by such party to Mindsize.
Your Infringement Notice will be forwarded to the party that made the material available and also may be sent to third parties such as ChillingEffects.org.
Before submitting a DMCA (Digital Millennium Copyright Act) notice, it’s important to consider if the manner in which the material is used falls under fair use. You are required to consider whether the use of material is fair before submitting a takedown notification. If you are not sure whether material infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing your copyrights.
Copyright Compliance Dept.
Email: [email protected]
2035 Sunset Lake Blvd., Suite B-2
You must include the following:
- Identification of the copyright claimed to have been infringed;
- The location of the copyrighted work (i.e., where the original material is located on the Website, not the material about which you are submitting a complaint);
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Mindsize to find and positively identify that material; for example, a link to the specific webpage or blog post that contains the material and a description of which specific portion of the blog post or webpage – an image, a link, the text, etc. – your complaint refers to;
- Your contact information so we can contact you (name, address, telephone number and email address;
- A statement by you: (a) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner, its agent, or the law; (b) that all of the information contained in your Infringement Notice is accurate, (c) under penalty of perjury, that you are either the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed, and (d) you acknowledge that a copy of your infringement notice and any correspondence related to it, including any contact information that you provide (such as address, telephone number, and email address), will be forwarded to the party who made the material at issue available; and
- A physical or electronic signature of the copyright owner, or a person authorized to act on their behalf.
ABOUT THESE TERMS
These terms control the relationship between Mindsize and you. They do not create any third party beneficiary rights.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
Headings are provided for convenience purposes only.
If it turns out that a particular term is not enforceable, this will not affect the enforceability of any other terms.