Terms & Conditions

The services offered by Mind Metrics ("Mind Metrics" or "we") include the Mind Metrics website (the "Mind Metrics Website" or "Site") and any other features, online tools, content, or applications offered from time to time by Mind Metrics in connection with the Mind Metrics Website (collectively, the "Mind Metrics Services" or "Services").

1. Acceptance of Terms of Use

These Terms of Use (the "Agreement") set forth the legally binding terms for your use of the Mind Metrics Services. Mind Metrics provides the Site and the associated Services available thereon to you, subject to this Agreement, which may be modified by Mind Metrics at any time upon posting to this Site. You agree to be bound to any changes to this Agreement when you use the Mind Metrics Services after any such modification is posted. In addition, when using particular Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into this Agreement.

You agree to be bound by this Agreement, whether you are a "Visitor" to this Site or you are a registered "Member" ("Visitor" and "Member" shall be referred to as "User"). You are only authorized to use the Mind Metrics Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should immediately leave the Site and discontinue use of the Mind Metrics Services. If you wish to become a Member, communicate with other Members and make use of the Mind Metrics Services, you must read this Agreement and indicate your acceptance when registering as a user of the Site and Services. Notwithstanding, your acceptance of the Agreement shall be deemed upon registration as a Member or use of the Site and Services as a Visitor.

Mind Metrics reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Mind Metrics Services at any time, for any or no reason, with or without prior notice, and without liability.

This Agreement includes Mind Metrics' policy for acceptable use of the Mind Metrics Services and Content posted on the Mind Metrics Website ("Content"), your rights, obligations and restrictions regarding your use of the Mind Metrics Services, and Mind Metrics' Privacy Policy. In order to participate in certain Mind Metrics Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions, posted policies, guidelines or rules. Unless otherwise provided by the additional terms and conditions, posted policies, guidelines or rules applicable to the Mind Metrics Services in which you choose to participate, those additional terms are hereby incorporated by reference into this Agreement. By accessing the Mind Metrics Website as a Visitor or becoming a Member, you consent to have this Agreement provided to you in electronic form. You may request a non-electronic copy of this Agreement by emailing us at: legal@mindmetrics.com.

2. Services provided by Mind Metrics

Mind Metrics currently provides users with access to a variety of Services, which may include but is not limited to, various communications tools, email-based discussion groups, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Mind Metrics reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Mind Metrics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Mind Metrics will exercise reasonable efforts to provide Services in a timely manner. On occasion, technical or partner problems may delay, prevent delivery, or cause the loss of information posted on the Site. For this reason, Mind Metrics recommends that Users store backups of all information they post on the Site.

3. License, Account Security, and Site Access

Users under the age of eighteen (18) are prohibited from using the Services or the Site. Organizations, companies, and/or businesses may not become Members and should not use the Services or the Site for any purpose. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Provided that you acknowledge the foregoing and agree that you are not under the age of eighteen (18), we hereby grant you a personal, non-exclusive, non-transferable, limited, and revocable license to access our Site and the Services (the "License") for your personal, educational, informational, and entertainment use. You may not use our Site and the Services for any other purpose, including any commercial purpose, without Mind Metrics? express prior written consent. For example, you will not, and will not authorize any other person to, (i) co-brand the Site or portion thereof, or (ii) frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another web site). ?Co-branding? means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. Users may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Site or any software used on or for the Services or cause others to do so. Users agree to cooperate with Mind Metrics in causing any unauthorized co-branding, framing, linking, or other illegal and/or unauthorized uses to immediately cease.

The License may terminate immediately without notice from us, in our sole discretion. Upon such termination, you may not access, use, or view the Site.

If you are issued a password and account by Mind Metrics to access any Services available on the Site, you agree that you will be personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to (a) immediately notify Mind Metrics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mind Metrics will not be liable for any loss or damage arising from your failure to comply with any of the foregoing requirements.

We reserve the right to investigate suspected violations of this Agreement and take all appropriate legal action, including without limitation, civil, criminal, and injunctive redress. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any User involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4. Registration Policy

In order to use certain Services, you will be required to register with Mind Metrics. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Mind Metrics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mind Metrics has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. Privacy Policy

Use of the Services and this Site is subject to the Mind Metrics Privacy Policy. The privacy policy is expressly incorporated herein by reference and made a part of this Agreement. The privacy policy may be found at: http://www.MindMetrics.com/privacy/.

6. Mind Metrics Spam Policy

You are prohibited from using the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by Mind Metrics (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services which are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient ("Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' email addresses from the Mind Metrics' site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

Each User understands and agrees that any violations of this Agreement, including this Spam Policy, may result in legal action against such user and the termination, without notice, of User's ID and/or anything associated with Mind Metrics, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. Mind Metrics does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

7. Links to 3rd Party Sites

The Site, Services, and/or third parties may provide links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Mind Metrics and Mind Metrics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mind Metrics is not responsible for any other form of transmission received from any Linked Site nor is Mind Metrics responsible if the Linked Site is not working appropriately. Mind Metrics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mind Metrics of the site or any association with its operators, or guarantee that the content contains accurate information. You acknowledge and agree that Mind Metrics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, such Linked Sites or goods or services available on or through any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, Mind Metrics is under no obligation to link to any site.

8. Content on Site

Mind Metrics owns and retains all proprietary rights in the Mind Metrics Website and the Services. The Mind Metrics Website contains the copyrighted material, trademarks, and other proprietary information of Mind Metrics, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Mind Metrics, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Mind Metrics does not: (i) guarantee the accuracy, completeness, or usefulness of any information from third parties on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement (other than the Terms of Use) made by any party (including Mind Metrics) that appears on the Mind Metrics Website. Under no circumstances will Mind Metrics be responsible for any loss or damage resulting from your reliance on information or other content posted on the Mind Metrics Website or transmitted to or by any Members.

9. Content Submitted by You

In many cases, Users are invited to submit content to the Site, which includes but is not limited to such items as documents, music, sound, images, video, topical questions or responses submitted through the forums, to Mind Metrics for publication, circulation, or distribution (collectively, the "User Content"). Mind Metrics does not claim ownership of User Content, but by submitting such User Content Users automatically grant, and represent and warrant that they have the right to grant, to Mind Metrics, its affiliates, licensees and successors, an irrevocable, perpetual, nonexclusive, worldwide license to use, copy, perform, modify, link to, reproduce, distribute, adapt, promote, display, and sublicense User Content, as well as to prepare derivative works of, or incorporate into other works, such User Content.

Please choose carefully the User Content you post on the Mind Metrics Website and that you provide to other Users. Your Mind Metrics publicly viewable profile may not include the following items: telephone numbers, street addresses, and any images containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, User Content provided by other Mind Metrics Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Mind Metrics assumes no responsibility or liability for this material. If you become aware of misuse of the Mind Metrics Services by any person, please click on the appropriate "Report Inappropriate Content" link.

Mind Metrics reserves the right to review and remove any User Content at any time, in whole or in part, with no obligation to notify the original submitter of the User Content. Publication of any User Content is at the sole discretion of Mind Metrics.

Individuals submitting User Content certify that they own the User Content being submitted, or otherwise have the right to freely redistribute the User Content without limitation, and that submitting this User Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting User Content certify that their submissions contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting User Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. Mind Metrics assumes no liability with respect to disputes over User Content ownership, copyright, or trademarks. In the event that Mind Metrics is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Mind Metrics will remove the User Content in question in a timely manner, with no obligation to notify the original submitter of the User Content in question.

In connection with User Content you submit, you further agree that you will not:

  • submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mind Metrics all of the license rights granted herein;
  • publish falsehoods or misrepresentations that could damage Mind Metrics or any third party;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements or solicitations of business; and/or
  • impersonate another person.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. Mind Metrics does not permit copyright infringing activities and infringement of intellectual property rights on the Mind Metrics Website, and we will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content without prior notice. We will also terminate a User's access to the Site, if such User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the Mind Metrics Website more than twice. Mind Metrics also reserves the right to decide whether User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.

You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that Mind Metrics is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mind Metrics with respect thereto, and agree to indemnify and hold Mind Metrics, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

10. Copyright Policy.

We respect the intellectual property rights of others. If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Mind Metrics of any such copyright or other intellectual property rights infringement at legal@mindmetircs.com, c/o Copyright Agent, in the manner set forth below. Mind Metric's Copyright Agent may also be reached as follows: Copyright Agent, Mind Metrics, LLC, P.O. Box 21347, Mesa, Arizona 85277-1347; Facsimile: (480) [Insert Facsimile Number]; Attn: Copyright Agent. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. [NEED TO REGISTER A COPYRIGHT AGENT WITH THE COPYRIGHT OFFICE.]

When reporting an infringement, please ensure you provide all of the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Mind Metrics will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). For additional information on filing a DMCA complaint, please visit our How to File a DMCA Complaint website. [INSERT HYPERLINK]

11. Harvesting of User Information

You agree that you will not harvest or collect any information, including email addresses, for any users or subscribers of any Services for any purpose whatsoever.

12. Reproduction of Content

You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the Services, use of the Services, or access to the Services.

13. Disclaimer of Warranties/Limitation of Liability

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICES, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND MIND METRICS, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID.

THE FOREGOING DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MIND METRICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification by Users

User will indemnify and hold Mind Metrics, and its subsidiaries, affiliates, licensors, contractors, officers, agents, and employees (the ?Indemnified Parties?) harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from a breach of this Agreement or to User?s unauthorized use under this Agreement, including any content submitted to, uploaded to, or transmitted via Mind Metrics by User. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys? fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User?s use of the information accessed from the Site.

15. Breach

You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of this Agreement may also entitle us to bring an action against you for any and all other remedies available at law or in equity.

16. Jurisdiction

We operate and control our Site from our location in the state of Arizona, United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so at your own initiative and are responsible for compliance with applicable laws and regulations.

You agree that this Agreement, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and us arising out of or relating to this Agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

17. No waiver; Severability

A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

18. Assignability

We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.

19. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

20. Term.

This Agreement will remain in full force and effect while you use the Site as a Visitor and/or are a registered Member. You may terminate your membership at any time, for any reason, using the cancel account function on the Website, by sending Mind Metrics written notice of termination to Mind Metrics, LLC, P.O. Box 21347, Mesa, Arizona 85277-1347 or sending an email notice of termination to cancel@mindmetrics.com. Upon receiving your termination notice, Mind Metrics will reasonably attempt to return a cancellation confirmation to the email address you specified in your membership submission, or such other email address as you may later provide to Mind Metrics. All decisions regarding the termination of memberships shall be made in the sole discretion of Mind Metrics. Mind Metrics is not required to provide you notice prior to terminating your membership. Mind Metrics is not required, and may be prohibited, from disclosing a reason for the termination of your membership. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

21. U.S. Export Controls.

Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Mind Metrics Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.