Description of Service
The Site and the information, features, applications, and services available on the Site (collectively, the “Service”) are subject to these Terms. Any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these Terms.
Informational Purposes Only
The Service is provided for informational purposes only. MindCloud is not liable for the accuracy, completeness, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible for any decisions made in reliance on such information.
Information You Provide to Us
You grant MindCloud and our affiliates a royalty-free, transferable, sublicensable, irrevocable, worldwide license to use, reproduce, modify, distribute, perform, and display the Content You post to the Site. Once You post Content to the Site, it becomes public and is not protected as confidential.
Your Use of the Service
You agree to use the Service only for lawful purposes and to not misrepresent Your affiliation with any entity. You are responsible for the Content and information You post or transmit through the Service. You shall not use the Service to upload any material that is defamatory, obscene, or otherwise objectionable.
Right to Review/Remove
MindCloud reserves the right to remove any material deemed inconsistent with these Terms and to terminate access to the Site for any user.
Third Party Websites
MindCloud is not responsible for external sites linked through the Service.
Any submissions to MindCloud shall be considered non-confidential and the sole property of MindCloud.
MindCloud's Service is designed for and intended for users in the United States. While accessible globally, not all features, products, or services discussed, referenced, provided, or offered through or on the Service are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. MindCloud reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Service is void where prohibited.
If you access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. MindCloud makes no representation that the Service and its content are appropriate or available for use in locations outside the United States, or that accessing them from territories where their contents are illegal is authorized.
Furthermore, MindCloud's software and technology must not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Disclaimer of Warranties; Limitation of Liability
MindCloud provides the Service on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. MindCloud makes no warranties or representations about the accuracy, reliability, timeliness, or completeness of the Service's content or the content of any sites linked to the Service, and assumes no liability or responsibility for 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 Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
MindCloud does not warrant that the Service will operate error-free or that the Service and its servers are free of computer viruses or other harmful mechanisms. If your use of the Service results in the need for servicing or replacing equipment or data, MindCloud is not responsible for those costs. The Service's content is offered for general information, discussion, and entertainment purposes only; you should not rely on the content of the Service for any decision making without obtaining primary, more accurate, more complete, or more timely sources of information.
You understand and agree that MindCloud shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Service.
MindCloud's aggregate liability for all claims relating to the Service shall not exceed one hundred U.S. dollars ($100), irrespective of the cause of action, whether in contract, tort, or otherwise.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Any claims arising in connection with your use of the Service must be brought within one (1) year of the date of the event giving rise to such action. If you do not file your claim within such one (1) year period, your claim is permanently barred.
Notices to You may be made via email or regular mail.
Changes to the Terms
MindCloud may revise and update these Terms at any time without notice by posting the amended terms to the Site. Such revisions may come into effect immediately upon posting unless otherwise specified. It is your responsibility to review these Terms periodically for updates and changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes. If you do not agree to the amended terms, you must stop using the Site immediately.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you disagree with the Terms (as amended from time to time) or are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site.
The Terms constitute the entire agreement between You and MindCloud and govern Your use of the Site, superseding any prior agreements between You and MindCloud. These Terms may be supplemented or replaced by, and shall not supersede, any terms entered into between You and MindCloud specifically applicable to any service or product offered by MindCloud. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software.
The Terms and the relationship between You and MindCloud shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. You and MindCloud agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
The failure of MindCloud to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
If you have any questions or comments about the Site or these Terms, or if you need to report a violation of the Terms, please contact us at [email protected]. We are committed to addressing your concerns as quickly as possible.
Our mailing address for legal notices is:
P.O. Box 2243
Clearwater, FL 33757
Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when sent by email.
Updated: January 13, 2024