PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING MINDKIT WEBSITE OR ANY RELATED CONTENT.
You agree to the following terms by accessing or using this website
1. YOUR USE OF MINDKIT’S WEBSITE
If you do not agree with these Terms, you should not use the Website or the Website’s content.
For the purposes of these Terms, “you” means any entity interacting with the Website or its content in any manner. If you are a parent, guardian, or other person who enables a person under 18 years of age (“child”) to access the Website, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against such a child.
You should contact Atlas’ representative if you have any questions or concerns.
3. ATLAS CONTENT AND CONDITIONS OF USE OF THE WEBSITE
No Advice: Unless otherwise indicated, information on the Website has been posted for the purpose of making it readily available for personal and public non-commercial use. The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed, and Atlas Content is not intended to be professional advice or recommendations.
Reproduction: The Atlas Content may be reproduced for personal purposes, in whole or in part, without charge or further permission from MindKit, provided that MindKit is identified as the source of the material, the material is reproduced in full without any changes, no charges are made for the use of the Atlas Content, and any associated copyright or other proprietary notices are retained. If you wish to make a change to Atlas Content on this site for personal or commercial purposes, the written permission of the Atlas is required. Links hosted on the Website may be shared without charge or further permission from MindKit, provided that the link is not shared for commercial purposes. If any content retrieved from a link is reproduced, please reproduce the link as the source of the content.
No Exploitation: You will not exploit Atlas Content for any purpose (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute Atlas Content) without Atlas’ prior written consent in each instance.
No Ownership: You acknowledge that, as between you and Atlas, Atlas Content is solely owned by Atlas and its licensors and your use of Atlas Content does not transfer to you any right, title or interest in, to or associated with Atlas Content other than the limited, restricted right to use Atlas Content as expressly set out in this Section 3.
Linked Sites: For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from MindKit, and we do not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Atlas arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
4. ACCURACY OF INFORMATION AND SECURITY
Passwords: You understand and agree that you may not share your user name or password information for the Website with any other individual. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your account. You agree to: (a) immediately notify MindKit of any unauthorized use of your user name, password or account or any other breach of security, and (b) logout from your account at the end of each session. Atlas will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Errors, Changes: The Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Atlas and its services. The Website might not be accurate, current or complete, and misprints, errors, inaccuracies, omissions or other errors might not be corrected. Atlas does not warrant that the Website (including Atlas Content) are accurate or complete. Atlas does not accept any liability for the Website (including Atlas Content). Atlas reserves the right to (a) correct any error, inaccuracy or omission in Atlas Content at any time without prior notice or liability to you or any other person; and (b) change the Website at any time without any notice or liability to you or any other. Atlas expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website, to the fullest extent permissible under applicable law.
Accuracy of Information: You will ensure that all information you provide to Atlas, through the Website or otherwise, is true, accurate, current and complete. Atlas will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Atlas or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
Communications: You authorize Atlas to: (a) accept communications it receives from you by means of the Website or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Atlas’ affiliates; and (c) respond to your communications through the Website, by email or other means of communication as Atlas considers appropriate. Communications that you send to Atlas are not effective unless and until they are processed by the responsible Atlas representative. Atlas may refuse to process communications that you send to Atlas, or may reverse the processing of any communications that you send to Atlas, at any time in Atlas’ discretion and without any notice or liability to you or any other person, including if Atlas believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
Termination of access: Atlas may change, suspend or terminate your access to the Website effective immediately at any time and without any prior notice or liability to you or any other person.
5. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
GENERAL DISCLAIMER: YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS, AND YOU USE THE WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ATLAS CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ATLAS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, ATLAS DOES NOT REPRESENT OR WARRANT THAT ANY OF THE WEBSITE OR ATLAS CONTENT WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF ATLAS WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.
- ATLAS CONTENT: YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR, AND BEAR ALL RISKS AND LIABILITIES RELATED TO, YOUR SELECTION AND USE OF ATLAS CONTENT.
- TECHNOLOGY AND SECURITY: YOU ACKNOWLEDGE THAT THE WEBSITE MIGHT BE AFFECTED BY CIRCUMSTANCES BEYOND ATLAS’ CONTROL, MIGHT NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND IS SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ATLAS IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, FAILURES OR ANY DAMAGE, LOSS OR LIABILITY RESULTING FROM ANY OF THOSE PROBLEMS. YOU ACKNOWLEDGE THAT SECURITY MEASURES USED BY OR ON BEHALF OF ATLAS AND ITS SUBCONTRACTORS AND SERVICE PROVIDERS MIGHT NOT PROTECT THE WEBSITE AGAINST UNAUTHORIZED ACCESS, USE OR DISCLOSURE. ATLAS IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, THEFT OR DESTRUCTION OF, THE WEBSITE OR ANY DATA STORED OR PROCESSED ON THE WEBSITE, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
6. GENERAL MATTERS