These terms of use (this “Agreement”) set forth the policies
of All Kinds of Minds and its subsidiaries and affiliates (collectively, the
“Institute”) regarding the use of www.allkindsofminds.org and
www.schoolsattuned.org (the “Website”). The Website enables users to explore
resources and programs intended to help students who are struggling to succeed
in school. This Agreement describes the terms governing your use of the
Website, which may be modified by the Institute at any time without prior
notice. You agree to be bound by any such modifications once they are posted on
the Website.
The Institute offers access to the Website to members of the
general public (each, a “User”) without the need to register. However, you must
register as a member of the Website (“Member”) in order to gain access to
certain features which are unavailable to Users.
2.1 You must be eighteen (18) years of age or over to
register as a Member. By registering, you represent and warrant that you have
the right, authority, and capacity to enter into, and to fully abide by, all of
the terms and conditions of this Agreement. You hereby agree to comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Website, and all applicable laws
regarding the transmission of technical data exported from the United States.
2.2 As part of the registration process to become a Member,
you must provide certain limited personally identifiable information (“PII”)
about yourself, and maintain and update this information as required to keep it
current, complete, and accurate. PII may include, but is not limited to, your
name, address, phone number, email address, job description, username,
password, and other information. Members will also be asked to create and enter
a password so that they may participate in online discussion groups and store
selected information via the Website. You are responsible for maintaining the
confidentiality of your password, and are fully responsible for all activities
that occur through the use of your password. You agree to immediately notify
the Institute of any unauthorized use of your password or any other breach of
security. You agree that the Institute shall not be liable for any loss or
damage arising from your failure to comply with the foregoing.
This Agreement shall remain in full force and effect until
modified or amended. If you are a User, you agree that your use of the Website
indicates that you have read and agree to be bound by the terms of this
Agreement and the Institute’s privacy policy (the “Institute’s Privacy Policy”)
located at
www.allkindsofminds.org/legal_Privacy.aspx. If you are a Member, you
agree that the Institute, at its sole discretion, may restrict or terminate
your use of the password protected portions of the Website for any reason, at
any time. If the Institute terminates your use of the password protected
portions of the Website because you have breached the terms of this Agreement,
your use of the Website shall nonetheless remain subject to the terms of this
Agreement.
4.1 You are solely responsible for any messages, images,
profiles, submissions, reviews, listings, programs or any other content
(“Content”) that you disclose, submit, publish, display, or otherwise transmit
directly or indirectly ("Post") on the Website, in whatever form (written or
otherwise). You acknowledge that the Institute does not guarantee the accuracy,
integrity or quality of the Content posted by Members.
4.2 Upon the Posting of Content to any Public Area (as
hereinafter defined), you automatically grant, and you represent and warrant
that you have the right to grant, to the Institute an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute such Content and to prepare derivative works of, or incorporate
into other works, such Content, and to grant and authorize sublicenses of the
foregoing. A “Public Area” shall refer to any portion of the Website where
Members or Users can Post Content that is viewable to others.
4.3 You acknowledge and agree that the Institute is under no
obligation (1) to maintain your Content in confidence, except as otherwise
expressly provided herein or in the Institute’s Privacy Policy; (2) to pay to
you or any User or Member any compensation for any Content; or (3) to respond
to any of your, or any other User’s or Member’s, Content.
4.4 You acknowledge and agree that the Institute may review
and delete any Content that in the Institute’s sole judgment violates this
Agreement, or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of any User or Member.
4.5 You acknowledge and agree that your PII may be disclosed
if required by law or in the good faith belief that such disclosure is
reasonably necessary to: (a) comply with a current judicial proceeding, a court
order or legal process served on the Website, (b) enforce this Agreement, (c)
respond to claims that the Content you Post violates the rights of third
parties; or (d) protect the rights, property or personal safety of the Website,
its Users, Members, and the public.
4.6 You acknowledge and agree that you shall not Post any
Content that:
(a) is designed or intended to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
(b) interferes with or disrupts the Website, services
connected to the Website, or otherwise interferes with operations or services
of the Website in any way, including through the use of JavaScript, ActiveX or
other coding;
(c) copies, reproduces, alters, modifies, or publicly
displays any material, to the extent that such actions would infringe any
patent, trademark, trade secret, copyright, or other proprietary rights of any
party;
(d) promotes an illegal or unauthorized copy of a
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer installed copy-protect
devices, or providing pirated music or links to pirated music files;
(e) is patently offensive to the online community,
such as Content that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
(f) harasses or advocates harassment of another
person;
(g) involves the transmission of "junk mail," "chain
letters," “spyware”, or unsolicited mass mailing or "spamming";
(h) promotes information that you know is false,
misleading or that promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
(i) contains restricted or password-only access pages,
or hidden pages or images (those not linked to or from another accessible
page);
(j) displays pornographic or sexually explicit
material of any kind;
(k) provides material that exploits people under the
age of eighteen (18) in a sexual or violent manner or in any other way, or
solicits personal information from anyone under the age of eighteen (18);
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(m) solicits passwords or PII for commercial or
unlawful purposes from Users or Members;
(n) creates liability for the Institute or causes the
Institute to lose (in whole or part) the services of its ISPs or other
suppliers;
(o) links to materials, directly or indirectly, to
which you do not have a right to link;(p) encourages others to violate this
Agreement;
(q) violates (intentionally or unintentionally) any
applicable local, state, national, or international law; or
(r) is fraudulent.
4.7 In the event that any of the above is nonetheless posted
on the Website and you are exposed to offensive, indecent, objectionable, or
otherwise damaging Content, you agree that you shall hold harmless and waive
any right to damages from the Institute related to such exposure.
4.8 You agree that you are prohibited from engaging in
illegal and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of Members by electronic or other means for the purpose
of sending unsolicited email and unauthorized framing of or linking to the
Website.
4.9 You agree not to create derivative works from the
Website or any portion thereof,
If you elect to purchase a product through the Website, you
will be directed to the Website of one of our merchant providers where certain
of your PII (including your name, billing address, shipping address, and credit
card information) will be requested by such merchant provider in order to
execute the transaction. You acknowledge and agree that any PII that you
disclose to such merchant provider shall be subject only to the privacy policy
posted on such merchant provider Website.
6.1 The Website (including, without limitation, text,
graphics, logos, button icons, images, audio clips and software), and the
collection, assembly, and arrangement of material on the Website, is the
property of the Institute and is protected by U.S. and international copyright
laws, except when otherwise indicated. The Content may be used subject to this
Agreement; any other use of the Content is strictly prohibited.
6.2 ALL KINDS OF MINDS®, SCHOOLS ATTUNED®, REACHING MINDS®,
STUDENT SUCCESS CENTERS™, STUDENT SUCCESS PROGRAM™, STUDENT SUCCESS SERVICES™,
ATTUNING A STUDENT™, CONNECTING MINDS™, DR. MEL LEVINE™, and any other
Institute graphics, logos, and service names are trademarks of the Institute
and/or Dr. Mel Levine. All other trademarks or service marks on the Website are
the property of the parties so indicated.
6.3 The Website contains copyrighted material, trademarks,
and other proprietary information of the Institute. Except for information
which is in the public domain or for which you have been given express written
permission by the Institute, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
6.4 If you believe that your work has been copied and Posted
on the Website in a way that constitutes copyright infringement, please provide
our Copyright Agent with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and
e-mail address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. The Institute’s Copyright
Agent for notice of claims of copyright infringement can be reached as follows:
Attn: Legal Department, 2800 Meridian Parkway, Suite 100, Durham, NC 27713, or
by e-mail to legal@allkindsofminds.org
6.5 You acknowledge and agree that no material from the
Website may be sold, copied, reproduced, republished, uploaded, displayed,
posted, transmitted, distributed, modified, publicly performed, used in any
derivative works based thereon or otherwise used for any public or commercial
purpose without the prior written consent of the Institute or, where
applicable, our licensors. You may print copies of the Website for your
personal, noncommercial use only, provided that you must keep intact all
copyright, trademark, and other proprietary notices appearing therein. Using
the Website in any other way is a violation of this Agreement. The use of
material from the Website, without the Institute’s express prior written
permission, on any other website or computer network, or in any other way, is
prohibited.
6.6 When you print material from the Website, we are
granting you a limited license to use that material as stated in Section 6.5
hereof. You do not own the material that you print (whether it is text, data,
images, or the like). The material that you print always remains the
Institute’s property, or the property of the Institute’s licensors.
The Website or any portion thereof may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without the prior express written consent of the Institute.
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 the Institute without prior express written consent. You may not use any
meta tags or any other "hidden text" utilizing the Institute’s name or
trademarks without the prior express written consent of the Institute. Any
unauthorized use of such names or trademarks shall terminate any permission or
license granted by the Institute for the use of such proprietary information.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Website so long as the link does not portray
the Institute in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any of the Institute’s logos or other proprietary
graphics or trademarks as part of the link without securing prior express
written permission from the Institute.
The Insitute shall not be liable for your interactions with
any organizations and/or individuals on or through the Website, including but
not limited to, payment for and delivery of goods and services, and any other
terms, conditions, warranties or representations associated with such dealings.
These dealings are solely between you and such organizations and/or
individuals. You agree that the Institute is not responsible for any damage or
loss incurred as a result of any such dealings. The Institute is not under any
obligation to become involved in disputes between Members and/or Users, or
between Members and/or Users and any third party. In the event of a dispute,
you acknowledge and agree that you release and hold harmless the Institute, its
partners, vendors, licensors, trustees, officers, employees, agents and
successors from claims, damages and demands of every kind, known or unknown,
suspected or unsuspected, disclosed or undisclosed, arising out of or in any
way related to such disputes and the Website.
You acknowledge and agree that the content made available
through this Website is for informational purposes only and is not intended to
constitute, and should not in any way be construed as, (i) medical advice or
counseling, (ii) the practice of medicine including without limitation the
provision of health care diagnosis or treatment, or (iii) the creation of a
physician-patient or clinical relationship with the Institute and/or Dr. Mel
Levine. Members and/or Users should never use the Website’s resources in the
place of seeking professional advice from licensed practitioners. The Institute
makes no promises, guarantees, or predictions of success regarding any of its
services or resources available through the Website.
YOU ACKNOWLEDGE THAT THE INSTITUTE IS NOT RESPONSIBLE FOR
ANY INCORRECT OR INACCURATE MATERIAL ON THE WEBSITE, WHETHER CONTENT POSTED BY
MEMBERS, OR AS A RESULT OF ANY MALFUNCTIONING EQUIPMENT OR SOFTWARE OR
OTHERWISE.
THE INSTITUTE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF,
WEBSITE FUNCTIONS, SERVICES, CONTENT, OR OTHER MEMBER/USER COMMUNICATIONS. YOU
ACKNOWLEDGE THAT THE INSTITUTE IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR
TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE
SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL
ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT
ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A MEMBER’S OR
TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR
DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE. YOU AGREE THAT IT IS YOUR
SOLE RESPONSIBILITY TO SCAN ANY DOCUMENTS ATTACHED TO, AND AGREE TO HOLD THE
INSTITUTE HARMLESS FOR ANY COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE THAT YOU
MAY RECEIVE FROM, ELECTRONIC MAIL SENT FROM THE WEBSITE. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, AS
TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND AS TO THE ACCURACY OR
COMPLETENESS OF THE WEBSITE IS ASSUMED SOLELY BY YOU. UNDER NO CIRCUMSTANCES
WILL THE INSTITUTE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONES
USE OF THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO
MEMBERS, OR ANY INTERACTIONS BETWEEN MEMBERS/USERS OF THE WEBSITE, WHETHER
ONLINE OR OFFLINE. THE WEBSITE IS PROVIDED "AS-IS" AND TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INSTITUTE EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE INSTITUTE
DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR
ITS SERVICES. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR
MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY MEMBER FROM THE INSTITUTE OR THROUGH OR FROM THE WEBSITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE
INSTITUTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS
ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE INSTITUTE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE LIABILITY OF THE INSTITUTE TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE INSTITUTE
FOR USE OF THE WEBSITE DURING THE TERM OF MEMBERSHIP, OR (B) $100.
The Institute may provide links to other websites or
resources of possible interest to Members or Users. Because we have no control
over such websites or resources, you acknowledge and agree that the Institute
is not responsible for the availability of such websites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such websites or resources.
You also acknowledge and agree that the Institute shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such websites or resource. All
such websites shall be subject to the policies and procedures of the owner of
such websites.
The terms regulating the handling of PII on the Website is
described in the Institute’s Privacy Policy
(www.allkindsofminds.org/legal_privacy.aspx). You understand and agree that we
may send you certain communications, such as announcements, newsletters, and
other messages, and that you may opt out of receiving these communications by
notifying the Institute In accordance with Section 16 of this Agreement.
If there is any dispute about or involving the Website, you
agree that the dispute will be governed by the laws of the State of North
Carolina without regard to its conflict of law provisions. You agree to
personal jurisdiction by and venue in the state and federal courts of the State
of North Carolina, City of Chapel Hill.
You agree to indemnify and hold the Institute,, trustees,
officers, agents, partners, vendors, licensors, and its employees harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Website in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of any of your representations and warranties set forth
above.
Except as otherwise stated, any notice to us shall be given
by certified mail to the Institute, Attn: Legal Department, 2800 Meridian
Parkway, Suite 100, Durham, NC 27713, or by e-mail to
legal@allkindsofminds.org, and any notice to you shall be given to the e-mail
address that you provided us during the registration process, if any, or to
such other address as you shall have provided to us. Notice shall be considered
given 24 hours after e-mail is sent, unless the sending party is notified that
the e-mail address is invalid. Notice given by postal mail shall be considered
given three (3) days after the date of mailing.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between you and the Institute is intended or
created by this Agreement.
The failure by the Institute to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such
right or provision and does not waive our right to act with respect to
subsequent or similar breaches.
Any provision of this Agreement which, by its nature or
express terms should survive, will survive the completion, expiration,
termination or cancellation of this Agreement.
This Agreement contains the entire agreement between you and
the Institute regarding the use of the Website. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect. The section titles in this Agreement are for convenience
only and have no legal or contractual effect.
Please contact us at mail@allkindsofminds.org if you have
any questions regarding this Agreement.
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