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Terms of Use

Last Updated: May 15, 2013

Welcome to our website! This web site (the "Site") is published and maintained by MindShift LLC ("MindShift"). This document is a contract, and by accessing, browsing, or otherwise using the Site you agree to be bound, without limitation or qualification, to the terms of use ("Terms of Use") that are listed below.

MindShift reserves the right to change or otherwise edit these Terms of Use at any time and will do so by updating this posting. By continuing to use the Site after MindShift publishes changes to the Terms of Use you agree to be bound by such changes. MindShift recommends that you periodically visit this page to review the Terms of Use. The most recent date on which the Terms of Use were updated will be stated at the top of the Terms of Use. MindShift does not authorize you to use the Site unless you agree to the current Terms of Use.

TABLE OF CONTENTS

  1. LICENSE
  2. PROHIBITED ACTIVITIES
  3. INTELLECTUAL PROPERTY RIGHTS
  4. NOTICE OF COPYRIGHT INFRINGEMENT
  5. USERNAMES AND PASSWORDS
  6. COMMUNICATIONS AND SUBMISSIONS
  7. THIRD PARTY COMPANIES AND PRODUCTS
  8. CONTESTS, SWEEPSTAKES, AND OTHER PROMOTIONS
  9. RULES FOR CHILDREN (UNDER THE AGE OF THIRTEEN)
  10. AVAILABILITY OF PRODUCTS AND SERVICES
  11. DISCLAIMERS
  12. INDEMNIFICATION
  13. TERMINATION
  14. APPLICABLE LAWS
  15. GENERAL PROVISIONS

LICENSE

This Site is only for your personal use. MindShift grants you a non-exclusive, non-transferable, nonsub licensable, right to enter, display and use the Site as long as you comply with these Terms of Use.

PROHIBITED ACTIVITIES

You agree that your use of the Site will not violate any applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect MindShift, including engaging in or attempting to engage in the following actions:

INTELLECTUAL PROPERTY RIGHTS

Copyright

All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and the copyright laws of other nations. All Content is owned or licensed by MindShift or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks

MindShift trademarks and logos (collectively, the "Trademarks") displayed on the Site, including but not limited to the registered trademarks MindShiftGear™, rotation180™ and rotation180 professional™ are marks owned and used by MindShift. All non-MindShift marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of MindShift or such third party that may own other trademarks displayed on the Site.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide MindShift's designated copyright agent with the following information:

MindShift's copyright agent for notice of claims of infringement on the Site is:

By U.S. Mail:
Andrew Hutchins
Copyright Agent
MindShift, LLC
1105 N. Dutton Ave., Ste C
Santa Rosa, CA 95401
U.S.A.

By Email: ahutchins@mindshiftgear.com

By Fax: (001) (707) 527-0808

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), MindShift will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

USERNAMES AND PASSWORDS

Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MindShift of any unauthorized use of your password or account or any other breach of security. MindShift cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

If MindShift requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be truthful and accurate. If the information that you provide to MindShift changes, you agree to promptly provide MindShift with updated information.

COMMUNICATIONS AND SUBMISSIONS

User Communications

Other than Personally Identifiable Information, which is defined and covered in MindShift's Privacy Policy Statement, any material, information or other communication you send or post to this Site ("Communications") will be considered non-confidential and non-proprietary. MindShift will have no obligations with respect to the Communications.

By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Site, you understand and agree that you are giving MindShift a royalty free, irrevocable, perpetual, non-exclusive and fully sub licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that MindShift has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.

You agree that none of your Communications will include material that:

Although you are solely responsible for the content you provide, MindShiftmay, but is not required to, monitor Communications. If MindShift becomes aware of Communications that violate these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, MindShiftmay act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms of Use.

If you notice that any other user's submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact MindShift by e-mail: ahutchins@mindshiftgear.com.

Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others.

In sending Communications to MindShift, you release MindShift of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.

Unsolicited Ideas

MindShift has been actively engaged in research and development. In order to protect the interests of MindShift in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, MindShift does not wish to receive ideas, inventions, and the like or any confidential information from persons or entities outside MindShift unless MindShift has specifically requested them and a written agreement concerning the use of the ideas, inventions, and the like or any confidential information has been signed. MindShift maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Ideas") and therefore you should not submit any Unsolicited Idea to MindShift in any Communications through this Site or otherwise. MindShift does not wish to receive Unsolicited Ideas from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, MindShift strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.

Nonetheless, if you do send MindShift an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of MindShift. By submitting an Unsolicited Idea to MindShift, you agree to convey your ownership interest in the Unsolicited Idea to MindShift, and that MindShift will exclusively own all rights, title and interest therein. Furthermore, MindShift will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. MindShift will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities between the Unsolicited Idea and any future MindShift uses or activities.

THIRD PARTY COMPANIES AND PRODUCTS

Mention of third party products, companies and web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. MindShift makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and MindShift is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that MindShift approves, or endorses or recommends that site. MindShift disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

This Site may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see the MindShift Privacy Policy Statement for further information concerning contests, sweepstakes and other promotions administered by MindShift.

RULES FOR CHILDREN (UNDER THE AGE OF THIRTEEN)

This site is not directed to children under the age of thirteen. MindShift does not knowingly collect information from children under thirteen years of age without complying with applicable law.

AVAILABILITY OF PRODUCTS AND SERVICES

The products and services displayed on this Site may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

DISCLAIMERS

SITE INFORMATION REGARDING MINDSHIFT PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY MINDSHIFT WITH RESPECT TO ANY PRODUCT OR SERVICE AND MINDSHIFT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MINDSHIFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT MINDSHIFT WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND MINDSHIFT CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. MINDSHIFT THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MINDSHIFT'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL MINDSHIFT, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF MINDSHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MINDSHIFT DISCLAIMS ALL WARRANTIES APART FROM THE “NO RHETORIC WARRANTY,” WHETHER EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. MINDSHIFT ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL MINDSHIFT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

INDEMNIFICATION

You agree to indemnify, defend and hold MindShift and all of its agents, directors, officers, employees, information providers, licensors and licensees, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs) incurred by the Indemnified Parties in connection with your use of the Site or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in MindShift's defense of any such claim. You agree that MindShift shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that MindShift, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving MindShift, whether or not the settlement binds or is on behalf of MindShift, without the written consent of MindShift.

TERMINATION

MindShift may terminate or modify this agreement and/or suspend or terminate your access to the Site for any reason at any time without notice to you. Otherwise applicable sections of the Terms of Use shall survive any termination of this agreement or any account you may have with MindShift. In particular, because the licenses you grant to MindShift in your Communications are perpetual, these licenses survive any termination of this agreement.

APPLICABLE LAWS

This Site is administered by MindShift from its offices in Santa Rosa, California, United States of America. These Terms of Use are governed and interpreted under the laws of the State of California. You agree that any claim or dispute against MindShift arising out of or relating to the use of this Site must be resolved by a court located in California unless otherwise agreed upon by all parties.

GENERAL PROVISIONS

These Terms of Use and the MindShift Privacy Policy Statement, which is part of this agreement and is incorporated herein by reference, set forth the entire understanding and agreement between you and MindShift with respect to the Site. You acknowledge that any other agreements between you and MindShift with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.

BY CONTINUING TO USE THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.