PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
MindFour, LLC. (“MindFour”) may revise and update these Terms and Conditions at any time. Your continued usage of the MindFour website (“MindFourSite,” or the “Site,”) will mean you accept those changes.
Use of Content
MindFour authorizes you to view or download a single copy of the material on the MindFour Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2013, MindFour, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the MindFour Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MindFour or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MindFour . All rights not expressly granted herein are reserved to MindFour and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of MindFour and Its Licensors
The use of the MindFour Site and the Content is at your own risk.
When using the MindFour Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MindFour and its suppliers. Accordingly, MindFour assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MindFour Site.
The MindFour Site and the content are provided on an “as is” basis. MindFour, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MindFour, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MindFour Site or MindFour.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the MindFour Site.
In no event shall MindFour, its licensors, its suppliers, or any third parties mentioned on the MindFour Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MindFour Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MindFour, its licensors, its suppliers, or any third parties mentioned on the MindFour Site are advised of the possibility of such damages. MindFour, its licensors, its suppliers, or any third parties mentioned on the MindFour Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $10. MindFour, its licensors, its suppliers, or any third parties mentioned on the MindFour Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
MindFour.com makes no warranty that we will meet your requirements, or that the site will be uninterrupted, timely, secure, or error free; nor does MindFour.com make any warranty as to the results that may be obtained from the use of this site. MindFour.com will not be liable for any direct, consequential or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of MindFour.com.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of MindFour.com is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that MindFour.com does not guarantee the accuracy or completeness of any information in or provided in connection with MindFour.com. MindFour.com is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither MindFour.com nor its members, while such members are participating in MindFour.com, are engaged in rendering legal, medical, counseling or other professional services or advice. MindFour.com encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
MindFour.com shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in MindFour.com. Your participation in MindFour.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from MindFour.com or through MindFour.com, its employees, consultants and/or experts shall create any warranty not expressly made herein.
MindFour.com makes no warranty regarding any goods or services purchased or obtained through MindFour.com or any transactions entered into through MindFour.com.
MindFour.com is not responsible for the content on the Internet or World Wide Web pages that is contained outside MindFour.com site. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against MindFour.com with respect to such sites.
By permitting classified and personal advertising, MindFour.com makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. MindFour.com specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on MindFour.com, you are promising that the content of your advertisement is true and that you will indemnify MindFour.com against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on MindFour.com, you waive any claims against MindFour.com for damages arising from such advertisement or your reliance upon statements in such advertisement.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, postings, articles, comment, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to MindFour by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to MindFour by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to MindFour by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-MindFour a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. MindFour may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to MindFour by email. We try to answer every email in a timely manner, but are not always able to do so.
Privacy and use of questions and comments
Any questions, comments, suggestions or any other communications, including any ideas, inventions, concepts, techniques or know how you may forward to this site or otherwise to MindFour, electronically or by any other means, are on a non-confidential basis and will become the property of MindFour, which MindFour without restriction may use in any fashion and for any purposes whatsoever including developing, manufacturing and/or marketing goods or services.
User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the MindFour Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to MindFour a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes MindFour to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify MindFour and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
MindFour reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
MindFour has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MindFour passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MindFour account and password; (3) promptly inform MindFour of any need to deactivate a password. You grant MindFour and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MindFour cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using MindFour tools and services.
MindFour Community and Member to Member Areas (“Public Areas”)
If you use a Public Area, such as message boards, blogs, articles, comments, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. MindFour and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MindFour in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or “spamming”; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MindFour, exposes MindFour or any of its customers or suppliers to any liability or detriment of any type.
MindFour Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user’s access to any or all Public Areas and/or the MindFour Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the MindFour Site, regardless of whether such communication(s) violate these standards.
MindFour or its licensors have no liability or responsibility to users of the MindFour Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
MindFour may provide links to third-party web sites. MindFour also may select certain sites as priority responses to search terms you enter and MindFour may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MindFour does not recommend and does not endorse the content on any third-party websites. MindFour is not responsible for the content of linked third-party sites, sites framed within the MindFour Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MindFour does not endorse any product, service, or treatment advertised on the MindFour Site.
You agree to defend, indemnify, and hold MindFour, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
MindFour is based in Florida, in the United States of America. MindFour makes no claims that MindFour, or any Site within the MindFour Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MindFour Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with MindFour, or in any way relating to your use of the MindFour Site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving MindFour or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MindFour’s copyright department (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
MindFour’s Department for copyright issues relating to this web site is as follows: MindFour Site copyright@MindFour.com
In an effort to protect the rights of copyright owners, MindFour maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the MindFour.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via email to: comments@MindFour.com .
© 2013 MindFour. All rights reserved.