Tools Website Terms of Use | Tools of the Mind

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.

Your visit to this Site is also governed by our Privacy Policy that is intended to protect personal information about users of this Site, and that is incorporated by reference into these Terms.

Content

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).

Access and Use of Site

Tools of the Mind grants you a limited, revocable, non-exclusive and non-transferable license to access and use this Site solely for your personal and non-commercial purposes, except as otherwise expressly permitted by us in writing, including in these Terms and our Privacy Policy. You agree only to access or use this Site as expressly allowed by these Terms and out Privacy Policy. You agree to comply with all laws, regulations, ordinances, and orders (collectively, “Laws”) applicable to you, including all Laws regarding privacy, online conduct, acceptable use of content, and use of third party intellectual property, in your use of the Site. Without limiting the generality of the foregoing, you agree not to:

Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from this Site;

Hack into this Site or modify another website so as to falsely imply that it is associated or affiliated with this Site;

Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of, this Site;

Violate any applicable Laws in any jurisdiction (including but not limited to trademark, copyright and other intellectual property Laws); or

Access or attempt to access any password-protected, secure or non-public areas of this Site without the express written permission of Tools of the Mind.

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.

eTools Account

The eTools section of the Site is accessed by on-site registration. The eTools section contains materials and information for coaches, teachers, and administrators to support the implementation of the Tools of the Mind curriculum. We reserve the right to deny or terminate your eTools account if we determine, in our sole discretion, that you are in breach of any provision of these Terms, or nonpayment or misuse (misuse including providing your password to non-registered parties, using materials obtained from our website on other websites for commercial or other purpose. You may cancel your eTools account by contacting us at [mailto:information@toolsofthemind.org]. Even if your eTools account is cancelled or terminated for any reason, you remain responsible for your obligations under these Terms, and the rights granted to us under these Terms shall not be terminated as a result. If you register for an eTools account, you will be required to provide certain personal information, including [your name, address, email address and educational organization for whom you work] which you represent to us is current, complete and accurate. You are required to keep this information current by contacting us at [mailto:information@toolsofthemind.org] with updates for your eTools account as necessary. All such personal information you provide is subject to our Privacy Policy.

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.

Links to Other Websites

These Terms (including our Privacy Policy) apply only to this Site and not to any third party websites. We may provide links to other websites that we believe may be of interest to users of this Site, including links to third party websites through which users may purchase Tools of the Mind products and/or services. If you decide to visit any linked website, you do so at your own risk. Any such third party websites may be subject to their own terms of use and policies and procedures (including privacy policies). We do not guarantee the standards of every website to which we provide a link, and we are not responsible for and have no control over the terms of use or the policies and procedures (including privacy policies) of such third party websites or the content, information, goods or services available through such third party websites. We are not responsible for the content of linked websites or the use of those websites, and we encourage you to read the terms and conditions of use of those other websites before using such websites or purchasing any products or services offered through such third party websites.

Changes

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.

Indemnification

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.

Disclaimer

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.

Limitation of Liability

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.

Governing Law

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.

Severability

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.

Trademarks

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.

Copyrights

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, 01464
information@toolsofthemind.org

General

Any failure on the part of Tools of the Mind to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms shall survive any cancellation or termination of your eTools account (if any), and any termination of these Terms. Neither Tools of the Mind nor you shall be deemed to be an agent of the other party and our relationship with you shall be that of independent contractors. Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever. Tools of the Mind may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY AT [insert link to Privacy Policy], REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND YOU AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US AND YOU RELATING TO THE SUBJECT MATTER OF THESE TERMS.

Effective Date

These Terms are effective as of October 1, 2015.