Last updated: 7/23/2019
To engage in a binding contract with us, you acknowledge that you are of legal age and standing to do so. If you are serving as an authorized representative of a subscribing organization, you agree that you serve as the authority to bind your subscribing organization to the terms outlined in this document and that any use of our services will be in full compliance of all applicable laws and regulations.
For entities wishing to export the data they collect regarding the individuals they assess, the entity takes full responsibility and liability for the confidentiality, disclosure, and distribution of such exported data. There is no guarantee that all forms of data will be exportable, and because MindVue does not control whether nor how entities utilize the data that is exported, we are not responsible or liable for its use.
When using our services, you acknowledge that our services may not be operable at all times due to extraneous circumstances including, but not limited to: outages of our, or your own, technological infrastructure such as with networks, servers, or internet connections/services or due to circumstances beyond our control such as with fires, natural disasters or severe weather events, wars or hostilities, civil disorder, labor disputes, strikes, riots, or lockouts.
We reserve the right to refuse to provide services to or cancel an account of any person or entity at any time. Likewise, you can terminate these terms outlined in this policy at any time by stopping the use of our services. If you choose to terminate your agreement with these terms, you agree that you will immediately destroy all materials used, downloaded, or copied when using our services. Any such fees paid prior to your termination are non-refundable.
When using our services, you agree that these terms comply with all applicable laws, regulations, and rules governing you. If at any time these terms conflict with these laws, regulations, or rules for which you must abide, you agree to not use our services or access our site. Any failure to abide by these terms may result in us deleting or cancelling your account. When using our services, you agree that you will not engage in any illegitimate, malicious, or illegal activities including, but not limited to: hacking, password mining, transmitting viruses, using robots or other spam mechanisms to interrupt or disrupt our services, uploading or transmitting content that you have no rights to or that infringes the rights, patents, trademarks, trade secrets or other copyright rights of other parties, uploading, sending, or transmitting content that is unlawful, defamatory, vulgar, obscene, pornographic, hateful or otherwise objectionable based on current social standards, using or selling information from our services to a third party, promoting advertisements of a third party, providing false or misleading information, impersonating another person or entity, or attempting to alter, steal, or destroy any of the services provided by MindVue. MindVue is not responsible for information posted on our site by users. However, we maintain the right to remove any information, refuse to post, or otherwise prevent the spread of information, in whole or in part, for any reason at any time.
For individuals being requested by another entity to access our site and complete our services, you agree that you are at least 13 years or older. MindVue's site and services are not intended for any person under the age of 13. If you are under the age of 13, you cannot use our services. Using our services is completely voluntary. As part of our services, you may be asked to complete a proprietary assessment. If you do not want to complete this assessment, you should refrain from doing so and delete your account. All questions, data, scoring algorithms, and other features pertaining to this assessment are the intellectual property of MindVue. By agreeing to these terms, you understand, agree, and permit MindVue to share your assessment scores with the entity that has requested you to complete our assessment or see your scores if that entity is using our services for that purpose. Because MindVue continually works to enhance our assessment and scoring algorithm, you understand that a person's scores on the MindVue Profile may change over time. We reserve the right to make changes to our scoring algorithm and normative data without any notification to you. You also acknowledge, understand, and agree that there may be times that we may need to access, use, or disclose your data such as for internal research purposes or in situations in which we are required such as those circumstances pertaining to the law, complying with legal procedures, enforcing these terms, addressing any claims of violations against the rights of others, responding to users' or clients' needs, or ensuring the safety and protection of the rights of our users, clients, and the public.
Many of the services provided by MindVue require payment or fees and may require applicable taxes. We reserve the right to alter our prices and fees or issue new charges at any time. Clients accessing our services will be billed based on the number of users accessing the platform and other services (e.g., workshops) they purchase. All sales are final, and any unused or remaining users are nonrefundable.
MindVue values and respects the intellectual property rights of others and requires that users of our services do the same. Those using our site and services cannot infringe upon or violate the intellectual property rights of another person or entity. In accordance with the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for additional details), we will respond to and address any allegations of copyright infringement occurring as part of our site or services. If you feel your intellectual property rights have been infringed upon, please contact MindVue with the following information: a) a physical or electronic signature of the person permitted to act on behalf of the copyright owner; b) the specific copyrighted information or a description of the copyrighted information; c) a description of where the alleged copyright infringement has occurred as part of our site or services; d) contact information such as name, address, email address, phone number, or other means by which MindVue can contact you; e) a statement articulating you have a good faith belief that the use of materials on our site or service is not authorized by the owner of the copyrighted material, its agent, or the law; and f) a statement by you that the information you present is, under perjury of law, accurate and that you are permitted to act on behalf of the individual alleging the copyright infringement.
MindVue reserves rights to all components and aspects of this site including text, logos, images, graphics, videos, and other features of our services and its software.
MindVue may use and provide links to third-party websites. Content from our site may be supplied by third parties. These pieces of content and links are provided for your benefit but do not imply an endorsement of these sites or the products or services they offer. If you use these links, you are no longer using our services. You acknowledge that you will use these links at your own risk and that MindVue shall not be liable for any issues, including any loss or damages, that occur or emerge from the use of the content, goods, or services of these third-party websites.
YOU RECOGNIZE AND AGREE THAT ANY AND ALL USE OF MINDVUE’S SERVICES AS WELL AS THE CONTENT AND FUNCTIONALITY OF THIS SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS “WITH ALL FAULTS”. MINDVUE, ITS AFFILIATES, AND THEIR EMPLOYEES, OFFICERS, AND OTHER REPRESENTATIVES (COLLECTIVELY “AFFILIATES”) EXPRESSLY DISCALIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY. THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT. MINDVUE AND ITS AFFLIATES DISCLAIM ANY RESPONSIBIITY FOR THE ACCURACY, ADEQUACY, RELIABILITY, LEGALITY, AVAILABILITY, AND COMPLETENESS OF ANY OF THE SERVICES, PRODUCTS, OR INFORMATION PROVIDED BY MINDVUE OR THE CONTENT OF THE SITE. MINDVUE CANNOT AND DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT YOU WILL ACHIEVE CERTAIN RESULTS BY USING OUR SERVICES. MINDVUE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR OR LIABLE FOR ANY EMPLOYMENT, RECRUITING, OR PROMOTION DECISIONS, FOR ANY REASON MADE, BY AN ENTITY OR INDIVIDUAL UTILIZING OUR SERVICES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ALL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUES, PERSONAL INJURY, OR DEATH FROM ANY SUCH USE OF OUR SERVICES, WHETHER ON OUR SITE OR OFF. ANY USE OF OUR SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AT YOUR OWN RISK. AS SUCH, WE CANNOT PROMISE THAT OUR SERVICES MADE AVAILABLE WILL BE FREE OF ERRORS, DEFECTS, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL PROBLEMS. NO INFORMATION, ADVICE, OR RECOMMENDATIONS FROM MINDVUE, ITS AFFILIATES, ITS SITE AND THROUGH ITS SEVICES, WHETHER IN WRITTEN OR ORAL FORMAT, SHALL CREATE OR CONSTITUTE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION OR ACTIONS CONDUCTED BY USERS ON OUR SITE OR THOSE USING OUR SERVICES. FURTHER, MINDVUE IS NOT LIABLE FOR ANY ISSUES OR TECHNICAL MALFUNCTIONS SUCH AS WITH A NETWORK, SERVER, SOFTWARE, OR OTHER TECHNOLOGICAL COMPONENTS OF OUR SERVICES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SOME OF THE DISCLAIMERS AND LIMITATIONS NOTED ABOVE MAY NOT APPLY TO YOU. IN THESE SITUATIONS, THE LIABILITY AND EXCLUSIONS ARE LIMITED TO THE EXTENT PERMITED BY APPLICABLE LAW IN YOUR STATE OR JURISDICTION.
YOU ACKNOLWEDGE AND AGREE THAT MINDVUE AND ITS AFFILIATES INVOLVED WITH DEVELOPING, OPERATING, AND DELIVERING OUR SERVICES ARE NOT LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, PROFITS, USE OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) TO YOU OR ANY THIRD PERSON INVOLVED WITH UTILIZING OUR SERVICES OR MATERIALS AVAILABLE ON OUR SITE. THIS POLICY APPLIES WHETHER BASED ON CONTRACT, STRICT LIABILITY, WARRANTY, TORT, OR OTHERWISE, RESULTING FROM YOUR USE OF OR CONNECTION TO THE USE OF OUR SERVICES OR SITE AS WELL AS YOUR INABILITY TO USE OUR SERVICES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED, KNEW OF, OR SHOULD HAVE KNOWN ABOUT THE POTENTIAL OF SUCH LOSS OR DAMAGES. LIMITATIONS OF LIABILITY SHALL APPLY WHETHER DAMAGES OCCUR BECAUSE OF THE SERVICES OR FROM THE TERMINATION, INTERRUPTION, OR SUSPENSION OF SERVICES (WHICH INCLUDES ANY SUCH DAMAGES EXPERIENCED BY THIRD PARTY GROUPS) AND NOTWITHSTNADING ANY ISSUES WITH ANY FAILURE OF ESSENTIAL PURPOSE OF ANY INCOMPLETE, PARTIAL, OR IMPERFECT REMEDY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THE RISKS INVOLVED WITH THE USE OF OUR SITE AND SERVICES RESTS WITH YOU AND THAT MINDVUE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ILLEGAL, DEFAMATORY, OR OFFENSIVE CONDUCT COMMITTED BY OUR USERS OR OTHER THIRD PARTIES USING, UPLOADING, DOWNLOADING, OR OTHERWISE UTILIZING OUR SITE AND SERVICES. YOU RECOGNIZE THAT IF YOU ARE EVER DISSATISFIED WITH OUR PRODUCTS, SERVICES, OR SITE, YOUR BEST COURSE OF ACTION IS TO DISCONTINUE YOUR USE OF OUR PRODUCTS, SERVICES, AND SITE.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCENTAL DAMAGES, SOME OF THE LIMITATIONS NOTED ABOVE MAY NOT APPLY TO YOU. IN THESE SITUATIONS, UNDER NO CIRCUMSTANCES SHALL MINDVUE BE LIABLE FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN YOUR STATE OR JURISDICTION.
In the case of a dispute involving our services, site, or the terms outlined in this document, you agree to first take reasonable efforts to engage and negotiate with MindVue in a cooperative manner in order to achieve a mutually suitable and appropriate resolution. Both you and MindVue agree that if claims are brought forth against the other, they will only be in your or its individual capacity. These claims will not be as a class action or other means for which either party acts or proposes to act in representative manner.
You recognize that the terms outlined in this document are governed by the laws of the State of Kansas without reference to the principle of conflicts of laws thereof. Any disputes or litigation emerging from the terms outlined in document will be addressed in the courts within Johnson County, Kansas.
If any part of these terms is deemed invalid or unenforceable, you acknowledge that the remaining components will remain valid and enforceable. The failure to enforce any of the terms outlined in this document does not constitute a waiver of such terms or of any other components of this document.
If you have any questions regarding these terms as well as the products and services provided by MindVue, please contact us.