Welcome to www.toolsofthemind.org. Please review these Terms and Conditions of Use (these “Terms”) before using this Site.
The terms “we,” “us,” “our,” and “Tools of the Mind” refer to Tools of the Mind, Inc., a Massachusetts nonprofit corporation, and its fiscally sponsored partner Tools of the Mind. “You” and “your” refers to you, as a user of this Site. “Site” refers to www.toolsofthemind.org and all webpages contained within the toolsofthemind.org domain. By accessing or using this Site, you understand and agree: (1) to accept, comply with, and be bound by these Terms, which may be updated by us from time to time in accordance with the section captioned “Changes” below; (2) you have the right, authority and capacity to abide by these Terms; (3) to comply with all applicable Laws (as defined below) concerning your access to and use of this Site, and (4) you are over 18 years of age. If you do not agree to these Terms, do not proceed to access or use this Site.
This Site and all materials, including without limitation, images, photographs, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, logos, interfaces, specifications, catalogs, advertisements, titles, names, and any other information provided on this Site (collectively, the “Content”), are the property of Tools of the Mind and/or its licensors. This Site as a whole and all Content are protected by copyright, patent, trademark and other proprietary rights Laws of the United States, as well as international treaties, conventions, and the Laws of other countries, as applicable. You agree to comply with all such Laws, treaties and conventions.
While we strive to deliver content from those who have a high degree of knowledge and experience, you should not, and agree not to, rely on such terms as any guarantee that you will receive a particular level of expertise or advice from such parties. Content available through the Site is to be used for general information purposes only and never as a substitute for in person evaluation or professional advice (including without limitation regarding medical, legal, tax, or financial issues).
We reserve the right at any time and without notice to suspend or terminate your access to the Site, including your eTools account and to take technical, legal, or other action to stop you from using the Site if we determine, in our sole discretion, that you are in breach of any provision of these Terms. Should we do so, you acknowledge and agree that we shall not incur any liability to you or any other person.
You agree that you are responsible for everything you do on or through the Site whether through or in connection with your eTools account, or any other access or use of the Site, or through any email correspondence with us or other users of the Site. You must ensure that you comply with the Laws that apply to you and your use of the Site. Because anything done through your eTools account will be considered to have been done by you for the purposes of these Terms, you must maintain the security of your eTools account and login information at all times.
We reserve the right to change these Terms at any time and without prior notice to you. When we do make any changes, we will post them on this Site and we will indicate at the bottom of these Terms the new effective date of these Terms. Your continued use of this Site after changes to these Terms have been posted will be considered your acceptance of those changes.
You agree to indemnify, defend and hold harmless Tools of the Mind and its directors, officers, equityholders, partners, employees, contractors, and agents and their respective affiliates, successors and assigns from and against any liability, loss, claim and expense, including reasonable attorneys’ fees, arising out of or relating to your failure to comply these Terms or your use of this Site. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.
TOOLS OF THE MIND DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE, ACCURATE OR COMPLETE. THIS SITE AND THE CONTENT ON THIS SITE ARE MADE AVAILABLE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. You agree that your use of This Site and any linked website and reliance on any information or other Content provided on This Site or any linked website is at your OWN risk. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE MAY ALSO MAKE CHANGES IN THE PRODUCTS, SERVICES, PROGRAMS OR RELATIONSHIPS DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE. TOOLS OF THE MIND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY implied warranties of merchantability, fitness for a particular purpose, and non-infringement. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Tools of the Mind relating to your use of THIS SITE shall be to discontinue use of This Site.
INFORMATION ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT TOOLS OF THE MIND IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. TOOLS OF THE MIND ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or EXCLUSIONS may not apply to you.
Under no circumstances will Tools of the Mind or its affiliates or their respective agents be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to your ACCESS TO OR USE OF this Site or your inability to access or use this site, or any linked website, or the information they contain (including the content), even if advised of the possibility of such damages.
THE MAXIMUM LIABILITY OF TOOLS OF THE MIND FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $10,000. 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. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND tools of the mind OR A REPRESENTATIVE OF tools of the mind CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You agree that the Laws of the United States and the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, will govern these Terms, and any dispute that may arise between you and Tools of the Mind or its affiliates, or any of their respective successors and assigns. You hereby consent to the exclusive jurisdiction and venue of the courts of the Commonwealth of Massachusetts, U.S.A., for all disputes arising out of or relating to accessing or using the Site.
If any portion of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, such provision[s] shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Tools of the Mind and all related names, logos, product and service names, designs and slogans are trademarks of Tools of the Mind or one of its affiliates or licensors. Such marks cannot be used without the prior written permission of Tools of the Mind. All other names, brands and marks mentioned on this Site are the property of their respective owners.
Copyright to this Site is owned by Tools of the Mind. All materials on this Site are owned or licensed by Tools of the Mind or our affiliates. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without our written permission. Any rights not expressly granted herein are reserved by Tools of the Mind.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Tools of the Mind at the address below:
Tools of the Mind
PO Box 829
Shirley, MA 01464
These Terms are effective as of October 1, 2015.