WEB SITE USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE:
Use Of Material
MINDDATA authorizes you to view the Materials that are made available by MINDDATA on this site (the "Materials") solely for your personal, non-commercial use.
All Materials included on this site are the property of MINDDATA or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Materials on this site is the exclusive property of MINDDATA and protected by U.S. and international copyright laws. All software used on this site is the property of MINDDATA or its software suppliers and protected by U.S. and international copyright laws. Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express written permission of MINDDATA. The use of the Materials on any other web site or in a networked computer environment is prohibited.
This site may be covered by one or more copyrights, patents, or pending patent applications owned by MINDDATA.
In addition to violating these terms and conditions, unauthorized use of the Materials may violate copyright, trademark, patent and other laws.
Permitted Use of Web Site
This web site and the Materials included on this site (collectively, the "Site") may be used only for lawful purposes by organizations or individuals that either desire to utilize MINDDATA to obtain information or purchase MINDDATA provided profiling instruments, products, or services. You represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these terms and conditions. It is your responsibility to ensure that your use of the Site complies with these terms and conditions and to seek prior, express written permission from MINDDATA for any uses not permitted or not expressly specified herein.
In connection with your use of the Site, you will not:
a. Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
b. Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may invade another's right of privacy or publicity.
c. Impersonate any person or entity, including without limitation a MINDDATA employee or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity.
d. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
e. Delete or modify any material posted by any other person or entity.
f. If you are an employer, print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment.
g. Register an e-mail address, which you do not own or do not have the express permission of the owner to register.
h. Violate or attempt to violate the security of the Site, including, without limitation:
1. accessing data not intended for you or logging into a server or account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing";
4. sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or
5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of Site, system or network security may result in civil or criminal liability. MINDDATA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This site contains third-party products. The mention of third parties and/or inclusion of their respective products is neither a recommendation nor an endorsement of such third parties or their products. All third-party products must be ordered directly from such third parties or their representatives and all licenses and warranties relating to such third-party products, if any, are between you and such third party. MindData is not responsible for the contents of any third-party product and makes no representations or warranties, express or implied, regarding the contents or accuracy of materials or data contained in any such third-party products.
Links to third-party sites
This site contains links to third-party web sites. These links are provided solely as a convenience to you and the inclusion of any such link to a third-party site does not imply endorsement by MindData of such third-party site or the contents thereof. MindData is not responsible for the contents and behavior of any linked third-party site, including without limitation chat rooms, bulletin boards, or message boards, or any link contained in such linked third-party site, and makes no representations or warranties, express or implied, regarding the contents or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Disclaimer and limitation of liability
You assume all responsibility and risk for your use of this site and the Internet generally. This site and the information provided on it are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MindData, its affiliates or their respective employees shall modify the foregoing or create any warranty. MindData expressly disclaims any warranty that the information on this system or on the internet generally will be uninterruptible or error free or that any information, software or other materials accessible from the system is free of viruses or other harmful components. You shall have absolutely no recourse against MindData as the system provider for any alleged or actual infringement of any proprietary rights you may have in anything you post on this site. MindData does not assume any legal liability or responsibility for the accuracy, completeness, reliability, timeliness, truthfulness, or usefulness of any information, data, apparatus, product, software or process used or disclosed on this site or any other materials accessible from the site. In no event shall MindData be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use it (or any linked sites), or for any information, software, products and services obtained through this site, or otherwise arising out of the use of this site, the internet generally or on any other basis (whether based on contract, tort, strict liability or otherwise), even if MindData has been advised of the possibility of damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then MindData’s maximum liability to you for any type of damages for all claims arising from the use of the site or the materials shall be limited to u.s. $100.00.
You agree to defend, indemnify, and hold harmless MINDDATA, its officers, directors, employees, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Materials or your breach of the terms of these terms and conditions. MINDDATA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
This site is controlled and operated by MINDDATA from its offices within the state of Texas, United States of America. MINDDATA makes no representation that the Site or the Materials are appropriate or available for use in other jurisdictions or that the Site or the Materials may be lawfully viewed or downloaded outside of the United States of America. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries, and any such illegal access is strictly prohibited. Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Site or the Materials shall be governed by the substantive laws of the State of Texas, U.S.A., without giving effect to any principles of conflicts of laws, and without reference to the 1980 United Nations Convention On The International Sale Of Goods. You and MINDDATA hereby consent to the exclusive jurisdiction and venue for any action or dispute arising under these terms and conditions or any other agreement you enter into with MINDDATA regarding your use of the Site, in the state or federal courts located in Dallas, Dallas County, Texas, U.S.A. If any provision of these terms and conditions or those of any other agreement you enter into with MINDDATA regarding your use of the Site is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining terms and conditions, which shall remain in full force and effect. No waiver of any term or conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or software license or material on particular pages on the Site, or other agreement you enter into with MINDDATA regarding your use of the Site, these terms and conditions constitute the entire agreement between you and MINDDATA with respect to the use of the Site. No changes to these terms and conditions shall be made except by a revised posting on this page. Except as expressly provided herein, nothing in the Materials or on this Site confers or is to be construed as conferring, whether by implication, or otherwise, any license or right under any patent, copyright, trademark or other right of MINDDATA or any third party.
All Rights Reserved
Except as expressly provided herein, nothing in the Materials or on this site confers or is to be construed as conferring, whether by implication, or otherwise, any license or right under any patent, copyright, trademark or other right of MINDDATA or any third party. Any and all rights not expressly granted herein are reserved by MINDDATA.
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