Terms of Use

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.  

These Terms of Use are a legally binding between you and us. By using our Website and the Services, you are accepting these Terms of Use. We reserve the right to modify or amend these terms from time to time, without notice. If you continue to use our Website after being notified of changes to these Terms of Use, you confirm that you have read, understand, and agree to be bound by them.

LEGAL AGE

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. 

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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. 

TRADEMARKS

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.

THIRD-PARTY LINKS

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

Subject to your compliance with these Terms of Use, Mindsize or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mindsize Services. This license does not include any resale or commercial use of any Mindsize Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mindsize Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Mindsize or its licensors, suppliers, publishers, rightsholders, or other content providers. No Mindsize Service, nor any part of any Mindsize Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mindsize. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mindsize without express written consent. You may not use any meta tags or any other “hidden text” utilizing Mindsize’s name or trademarks without the express written consent of Mindsize. You may not misuse the Mindsize Services which is determined in our sole discretion; including but not limited to actions which impose, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or Services; or (c) bypass any measures we may use to prevent or restrict access to the Website or Services. You may use the Mindsize Services only as permitted by law. The licenses granted by Mindsize automatically terminate if you do not comply with these Terms of Use.

INDEMNITY

You agree to defend, indemnify, and hold Mindsize harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms of Use, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to Mindsize; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.

TERMINATION

You or we may suspend or terminate your use of the Website or Services at any time, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

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. 

Mindsize, LLC

Email: [email protected]

2035 Sunset Lake Blvd., Suite B-2

Newark, DE

United States

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.

The laws of Delaware, U.S.A., excluding Delaware’s conflict of laws rules and the United Nations Convention on the International Sale of Goods, will apply to any disputes arising out of or relating to these terms or Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Essex County, Delaware, USA, and you and Mindsize consent to exclusive and personal jurisdiction in those courts. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

ADDITIONAL ASSISTANCE

If you have any questions about our Terms of Use, we invite you to contact us at: [email protected].