Website Terms

Last Modified: September 9th, 2021

Your access to and use of the MNDTRST, Inc. ("MindTrust") website (“Website”) is conditioned on your acceptance of and compliance with the Terms of Use explained below. These Terms apply to all visitors, users, and others who access or use the Website.

By accessing and using the Website, you agree to these Terms of Use.

MindTrust reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth above.

1. Permitted Use of The Website

You may use the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about MindTrust products and services, and solely in compliance with these Terms of Use.

2. Prohibited Use of The Website

By accessing the Website, you agree that you will not:

  • Use the Website in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
  • Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MindTrust servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Use the Website in any manner that damages, disables, overburdens, or impairs the Website or MindTrust Service Applications or interferes with any other party's use and enjoyment of the Website;
  • Mirror or frame the Website or any part of it on any other website or web page;
  • Attempt to gain unauthorized access to the Website;
  • Access the Website by any means other than through the interface that is provided by MindTrust for use in accessing the Website;
  • Use the Website for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Any unauthorized use of any Content or the Website may violate patent, copyright, trademark, and other laws.

3. Copyrights and Trademarks

The Website is based upon proprietary MindTrust technology and includes the Content. The Website is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Website, including all intellectual property rights in the Website, belongs to and is the property of MindTrust or its licensors (if any). MindTrust owns and retains all copyrights in the Content.

The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Website, in whole or in part, by any means. MindTrust, the MindTrust logos, and other marks used by MindTrust from time to time are trademarks and the property of MindTrust. The appearance, layout, color scheme, and design of the Website are protected trade dress. Customer does not receive any right or license to use the foregoing. MindTrust may use and incorporate into the Website or the MindTrust service offerings any suggestions or other feedback you provide, without payment or condition.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Website or the Service should be sent to MindTrust's designated Copyright Agent. See the Claims of Copyright Infringement instructions below.

4. Information and Materials You Post or Provide

You represent that you have all right, title, and interest to materials you post on the Website or provide to MindTrust ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

5. Links to Third-Party Websites

Links on the Website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MindTrust of the third party, the third-party website, or the information there. MindTrust is not responsible for the availability of any such websites. MindTrust is not responsible or liable for any such websites or the content thereon. If you use the links to the websites of MindTrust affiliates or service providers, you will leave the Website and will be subject to the terms of use and privacy policy applicable to those websites.

6. Downloading Files

MindTrust cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimers; Limitations of Liability

MINDTRUST AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MINDTRUST AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MINDTRUST IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDTRUST AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF MINDTRUST OR ANY OF MINDTRUST’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MINDTRUST IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF MINDTRUST AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless MindTrust, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms of Use.

Privacy

Your use of the Website is subject to MindTrust's Privacy Policy, available at https://www.mindtrust.com/privacy-policy/.

General Provisions

  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MindTrust of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MindTrust therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MindTrust does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, MindTrust's Privacy Policy, your use of the Website, any other MindTrust website or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Connecticut, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Hartford, Connecticut in the event of any dispute of any kind arising from or relating to these Terms of Use, MindTrust's Privacy Policy, your use of the Website, or any other MindTrust website or the Content.

Claims of Copyright Infringement

DMCA Notices

MindTrust respects the intellectual property rights of others, and we ask our users to do the same. MindTrust may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on MindTrust's website, please provide the following information to MindTrust's Copyright Agent.

Contact MindTrust

The MindTrust Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an email to copyright@mindtrust.com or by sending a letter via U.S. Mail to:

MNDTRST, Inc

Attn: Legal Counsel

228 Park Ave S #86988

New York, NY 10003-1502

USA

Submission of Notification

To be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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 MindTrust to locate the material;
  4. Information reasonably sufficient to permit MindTrust to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Receipt of Notification

Upon receipt of the written Notification containing the information as outlined in 1 through 6:

  1. MindTrust will remove or disable access to the material that is alleged to be infringing;
  2. MindTrust will forward the written notification to such alleged infringer (the "Alleged Infringer");
  3. MindTrust will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification:

An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to MindTrust's Copyright Agent that includes substantially the following:

  1. A physical or electronic signature of the Alleged Infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which MindTrust may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification:

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. MindTrust will promptly provide the Complaining Party with a copy of the Counter Notification;
  2. MindTrust will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  3. MindTrust will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided MindTrust's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on MindTrust's network or system.