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AS THESE TERMS GOVERN YOUR RELATIONSHIP WITH POWER MINDS, INC (NFP).
CONTENT ON THE ENTITIES
The content of the pages of the Entities is for your general information and use only. It is subject to change without notice. Your use of any information or materials on the Entities is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through these Entities meet your specific requirements.
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The Entities may post or provide links to other websites by allowing you to leave these Entities to access third-party material or by bringing third-party material into the Entities via “inverse” hyperlinks and framing technology (a “Linked Entities”). PM has no discretion to alter, update, or control the content on a linked websites. The fact that PM has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website or its owners. There are inherent risks in relying upon, using or retrieving any information found on the internet, and PM urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked websites.
SUBMISSIONS TO THE ENTITIES
Thank you for advance for your User Generated Content (defined below)(“Submissions”) to the Entities. Any Submissions are purely on a volunteer basis and You will not be compensated for Your voluntary Submission. All volunteers and Submissions must be made by individuals 18 years old or older. You also agree that Your Submission is age appropriate for children, and any content will not break any local, state or federal laws. PM will report any illegal activities to authorities. If you are a minor, you must have parental consent before submitting content and/or participating in the Entities. Further, by submitting content, it is your responsibility to ensure that You have the legal right to share the content. PM has the right to remove any content that is submitted at its sole discretion. And, PM will not treat any communications as confidential unless we have agreed to a specific written confidentiality agreement. Further, you hereby waive all rights against us for any use or disclosure of any information submitted to us. Accordingly, Submissions to the entities will be at your own risk and if you believe that discretion is advised when making Submissions.
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PM does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Entities by any party other than PM, (b) any content provided on linked websites or (c) the capabilities or reliability of any product or service obtained from linked websites. Other than as required under applicable consumer protection law, under no circumstance will PM be liable for any loss or damage caused by your reliance on information obtained through the Entities or a linked website, or your reliance on any product or service obtained from a linked website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Entities, or obtained from linked websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the Entities or a linked website may include inaccuracies or typographical errors, and PM specifically disclaims any liability for such inaccuracies or errors. PM does not warrant or represent that the content on the Entities is complete or up-to-date. PM is under no obligation to update the content on the Entities. PM may change the content on the Entities at any time without notice. PM may make improvements or changes to the Entities at any time.
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ENTITIES USE RESTRICTIONS
A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the Entities and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Entities in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libellous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Entities, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Entities, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Entities.
NO PROFESSIONAL ADVICE
Any information contained in or made available through the Entities does not replace or substitute for the services of trained professionals. For instance, educational, financial, medical, psychological, or legal matters are not meant to be helped or solved on the Entities. We and our Neither we nor our volunteers, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Entities, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Entities users post or otherwise make available on or through the Entities, except to the extent the Content is owned by PM.
The Entities contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using PM’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
NATURE OF THE ENTITIES
Parental supervision is required. Parental consent is required. For parents agreeing to these terms and conditions, you are agreeing on behalf of your minor user. Each minor must have a separate account. All, or most, of the content of the Entities is provided by user volunteers. PM may not have the resources to screen all content, and parents should screen the content prior to children’s viewing of the content. All content connected in any way to the Entities are for educational, entertainment and informational purposes only. No information on any of the Entities is a promise or guarantee of results or future success and the Entities do not offer any educational, legal, medical, tax or other professional advice. Any information provided by the Entities is for entertainment and additional study for students and should not be taken as promises for actual or future performance. We cannot and do not make any guarantees for your results. The Entities are focused on helping by providing content that may serve as a learning resource independent from children’s school curriculum. This website is not a substitute for school curriculum, and should not be relied for testing, educational requirements or credits.
CONFIDENTIALITY AND NON-COMPETE
Users of the Entities agree that the tools, processes, strategies, materials and information presented on the Entities are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Entities proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and PM will pursue legal action and full damages if these terms are violated in order to protect its rights.
PM is not responsible or liable for any User Generated Content or other Content posted on the Entities or for any offensive, inaccurate, unlawful or objectionable content you may encounter on or through the Entities. The Entities, User Generated Content, Content, and the materials and products on this Entities are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, PM disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PM cannot guarantee and does not promise any specific results from use of the Entities. PM does not represent or warrant that the Entities will be uninterrupted or error-free, that any defects will be corrected, or that this Entities or the server that makes the Entities available are free of viruses or anything else harmful. To the fullest extent permitted by law, PM does not make any warranties or representations regarding the use of the materials or Content in the Entities in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Entities, loss of data or other harm of any kind that may result. PM reserves the right to change any and all Content and other items used or contained in the Entities at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
PM AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ENTITIES OR THE CONTENT OF THE ENTITIES OR THE CONDUCT OF OTHER ENTITIES USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF PM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ENTITIES. YOUR ONLY REMEDY AGAINST PM FOR USE OF THE ENTITIES OR ANY CONTENT IS TO STOP USING THE ENTITIES. THAT SAID, IF PM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS ENTITIES OR ANY CONTENT, PM’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section here and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to PM at the address above. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in DuPage County, Illinois; (ii) you and PM irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and PM agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and PM agree to waive any right to a trial by jury.
Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates any section of the Terms of Service.
Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
TRUE ORIGIN OF DIGITAL GOODS
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