This Site is owned and operated by MindCare. MindCare reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. MindCare will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Other Prohibited Activities. In using this Site, you must also not:
Copyright The design, images, text content and overall layout contained in this website are protected under Canadian, U.S. and international law as copyrighted materials, whether registered or unregistered. Anyone who claims, displays, distributes, reproduces copies or creates derivative works for commercial or noncommercial purposes without the prior written permission of MindCare is in violation of the copyright laws and is liable for copyright infringement to the greatest extent of the law. Permission for all uses of materials, including linking to any page at this Site except the home page must be obtained from the MindCare in advance. Requests for such authorization should be submitted via an email to: email@example.com.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by MindCare or by other companies where so indicated. MindCare does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but MindCare, or other companies where so indicated, retain(s) full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving MindCare, or another company where so indicated, prior written notice of such activities.
All trademarks, service marks, logos and trade names displayed on this Site, whether registered or unregistered, are the exclusive property of MindCare, or other companies where so indicated, and are protected under Canadian and U.S. and international trademark law. Use of any of these marks without prior written permission of MindCare or the appropriate owner is strictly prohibited.
This website contains content supplied by parties other than MindCare. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of MindCare. Neither MindCare nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through MindCare represents the opinions and judgments of the respective third-party information provider or user, and not of MindCare.
Links to Other Websites
As you view this Site, you may notice links to other websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of MindCare's proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from MindCare. MindCare is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by MindCare of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
This Site is controlled and operated by MindCare from its offices within California, USA. MindCare makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
MindCare shall have the right, but not the obligation, to monitor the content of this website to determine compliance with these Terms and any other operating rules established by MindCare. MindCare shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this website. Without limiting the foregoing, MindCare shall have the right to remove any material that MindCare, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale.
Notwithstanding this right of MindCare, users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither MindCare nor any third party content provider shall assume or have any liability for any action or inaction by MindCare or any third party content provider with respect to any conduct, communication or posting on this website.
MindCare may terminate your use of this Site, our mailing list, our test center, our online store, or any of our other services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
Disclaimer of Warranty
(a) This Site is provided on an “as is” basis without warranties of any kind. To the fullest extent permissible pursuant to applicable law, MindCare disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
MindCare does not warrant that this Site or the server that makes it available are free of viruses or other harmful components. MindCare does not make any representations or warranties regarding the use or the results of the use of the materials in this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.(b) Each user expressly agrees that use of this Site is at his or her sole risk. Neither MindCare, nor any of its respective affiliates, employees, agents, third-party content providers, technical providers, or licensors, if any ("Companies") warrant that this website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability, or content of any information, service, or merchandise provided through MindCare Inc. or its content providers. (c) MindCare does not endorse, warrant or guarantee any product or service offered by a third-party through this Site and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate. Limitation of Liability (a) The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that MindCare is not liable for the defamatory, offensive or illegal conduct of third parties, including other users and that the risk of injury from the foregoing rests entirely with each user. (b) In no event will MindCare or the Companies or any person or entity involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this Site or the materials on it or out of the breach of any warranty, even if MindCare or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you. (c) MindCare neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this website, nor for any offensive, defamatory, or obscene posting made on the service by anyone. Under no circumstances will MindCare be liable for any loss or damage caused by a user’s reliance on information obtained through the content and/or any postings on this website. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through and from this website. (d) Each user specifically acknowledges that in no event will MindCare or the Companies, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third-party in connection with the service.
You agree to indemnify, defend and hold harmless MindCare and the Companies, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.
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