1. Your Acceptance
We reserve the right to modify or discontinue the Website (or any portion of the Website),
Links to and From the Website
B. Except as You have otherwise agreed with Mentoring Minds, You may link to the Website from Your website or online service, subject to the following: (1) You may not frame the Website or any portion of the Website (except You may do so with functionality provided by Mentoring Minds, if any); (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Mentoring Minds name and not any logo; (4) You may not use any Mentoring Minds logo in any way; (5) You may not use the link in any way that suggests that Mentoring Minds is associated with or endorses You or Your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Mentoring Minds or damages its rights, reputation or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.
C. Scope of Use and Access. You agree and acknowledge that access to the Website is limited to the individual subscriber, or in the case of a non-individual subscriber (i.e., a school, company or other legal entity) (hereinafter “Entity Subscriber”), those individuals who are designated as authorized users of the Service pursuant to Section 4(d) below (“Authorized User(s)”). Furthermore, access to the Website and purchased written materials is limited to the duration and scope of the relevant subscription or trial period, which is set forth in the purchase order and/or invoice, between Mentoring Minds and subscriber.
D. Authorized Users. Access to the Website and purchased written materials is limited to the specific number of users contracted for by Entity Subscriber as set forth in the quote, purchase order and/or invoice between Mentoring Minds and Subscriber. At the time Entity Subscriber subscribes to the Website, Entity Subscriber must accurately specify the number of Authorized Users on Entity Subscriber’s account. Entity Subscriber must also designate one (1) administrator of Entity Subscriber’s account who is authorized to activate the Entity Subscriber’s account and provide administrative functions as needed. The administrator of Entity Subscriber’s account designates Entity Subscriber’s Authorized Users, and is also considered an Authorized User. Furthermore, access to the Website is limited to employees, contractors, registered students and/or agents of Entity Subscriber. Each Authorized User’s access to the Website is limited to the period of time that Authorized User is qualified to be an Authorized User by virtue of his/her relationship with Entity Subscriber. If Entity Subscriber becomes disqualified to use the Website, each Authorized User must immediately cease use of the Website, and all copies of any content or materials available therein, but not reports, made available via the Website must be deleted or destroyed. In no event shall You authorize access or use to any person or entity that is not a member of Your organization without prior written consent of Mentoring Minds.
E. No Assignment or Sublicense. You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under this Agreement, the Website, purchased written materials, or any content or materials accessible through the Website, in whole or part.
F. No Other Rights. No other rights are granted herein except as expressly set forth in this Agreement. Any and all other rights are expressly reserved to Mentoring Minds.
Restrictions on Use of the Website
A. In Your use of the Website, You shall not:
- provide false personal information or create an account for anyone other than Yourself without permission;
- create more than one account;
- create another account without our permission, if We have disabled Your account;
- share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website;
- post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or Your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
- collect personally-identifiable information of other users or visitors, unless You have rights to do so as the administrator of Your school/school district’s account;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- solicit other users to join, become members of, or contribute money to any online service or other organization;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;
- stalk or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion forum on the Website to advertise or perform any commercial solicitation.
Intellectual Property Rights
A. Everything You see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mentoring Minds, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Mentoring Minds owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. MENTORING MINDS, CRITICAL THINKING FOR LIFE!, MENTORING MINDS CRITICAL THINKING WHEEL, REAL CLASSROOMS. REAL RESULTS., TOTAL MOTIVATION, MOTIVATION ONLINE, and LANGUAGE FACTOR are some of the trademarks of Mentoring Minds.
B. Content on the Website is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print pages of the Website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mentoring Minds reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Mentoring Minds in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Mentoring Minds. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may You scrape any pages.
D. You understand that when using the Website, You may be exposed to User Submissions from a variety of sources, and that Mentoring Minds is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE MENTORING MINDS PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE MENTORING MINDS PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If You are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which Mentoring Minds has referred or linked users infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
A. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
C. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
D. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
E. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to: Shad Madsen, P.O. Box 8843 Tyler, TX 75711, (800)-585-5258, firstname.lastname@example.org
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Mentoring Minds without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
Trademarks and Celebrity Material
A. Mentoring Minds responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
B. Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Website and You don’t have the celebrity’s permission. If You are a trademark owner or a celebrity and You believe Your rights have been infringed the Website, please submit a notification of infringement to our agent listed in Section 8 above.
C. To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
D. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where You believe the infringement is occurring.
Advertisements and Release
The online component of Total Motivation does not contain targeted advertising for students, teachers, or administrators.
Mentoring Minds takes no responsibility for advertisements or any third party material posted on the Website, nor does it take any responsibility for the products or services provided by advertisers, companies, groups, event sponsors, partners or others that post profiles, meetings, events or other Content on the Website or link to other websites (“Advertisers”). Any dealings You have with Advertisers found while using the Website are between You and the Advertiser, and You agree that The Mentoring Minds Parties are not liable for any loss or claim that You may have against an Advertiser.
The Website may provide tools that enable users to connect with Advertisers. Mentoring Minds has no control over such Advertisers.
BECAUSE WE DO NOT SUPERVISE OR CONTROL INTERACTIONS AMONG OR BETWEEN USERS, TEACHERS, SCHOOLS, SCHOOL DISTRICTS, STUDENTS, COMPANIES, MEMBERS OF GROUPS, EVENT ORGANIZERS, AND OTHER PERSONS, ORGANIZATIONS, AND COMPANIES, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY INDIVIDUALS AT EVENTS OR ON THE WEBSITE, AND BECAUSE WE DO NOT CONTROL CREDIT CARD COMPANIES OR OTHER PAYMENT PROCESSING COMPANIES, AND BECAUSE WE CANNOT GUARANTEE THE TRUE IDENTITY, AGE, OR NATIONALITY OF USERS OR ADVERTISERS, AND BECAUSE WE HAVE VERY LIMITED CONTROL, IF ANY, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE WEBSITE, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE MENTORING MINDS PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, YOUR TRANSACTIONS WITH USERS OF THE WEBSITE, ADVERTISERS, OR OTHER THIRD PARTIES, MENTORING MINDS’ RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR YOUR ATTENDANCE AT, OR THE ACTIONS OF YOU OR OTHER PERSONS AT, A COURSE OR EVENT POSTED ON THE WEBSITE. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-‐STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE PURCHASED WRITTEN MATERIALS SHALL BE AT YOUR SOLE RISK AND ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE MENTORING MINDS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE, THE PURCHASED WRITTEN MATERIALS, AND YOUR USE THEREOF AND ANY SERVICE, EVENT, OR AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, MENTORING MINDS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE FROM MENTORING MINDS, COURSES OR EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. MENTORING MINDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT MENTORING MINDS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF COURSES OR EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
Limitation of Liability
IN NO EVENT SHALL THE MENTORING MINDS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE OR MENTORING MINDS’ PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS, (VII) THIRD PARTY WEBSITES, (VIII) ERRORS OR OMISSIONS IN ANY CONTENT; OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS OR COURSE ORGANIZERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, OR YOUR ATTENDANCE AT ANY COURSE OR EVENT POSTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MENTORING MINDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ALL EVENTS, THE AGGREGATE LIABILITY OF THE MENTORING MINDS PARTIES, IF ANY, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PURCHASED WRITTEN MATERIALS AND ACCESS TO THE WEBSITE.
Any claims relating to use of the Website must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by Mentoring Minds from its facilities in the United States of America. The Website is intended for use in the United States only. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
Effect of Termination, Cancellation or Expiration
Modifications to Service
Mentoring Minds reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Mentoring Minds shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside.
If You have questions, please contact Mentoring Minds by emailing us at email@example.com or writing us at Mentoring Minds, L.P., P.O. Box 8843, Tyler, TX 75711.