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Terms of Use - Usage of this website restricted to acceptance of
these terms and conditions
ACCEPTANCE
OF TERMS.
The services that Sharper Mind Centers provides to you are subject to the
following Terms of Use ("TOU"). Sharper Mind Centers reserves the
right to update the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages.
DESCRIPTION OF
SERVICES.
Through its network of Web properties, Sharper Mind Centers provides you with
access to a variety of resources, including information, research, photographs,
download areas, communication forums and product or service information
(collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are
subject to the TOU.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, brochures, products or services obtained from the
Services.
NOTICE SPECIFIC TO
INFORMATION AVAILABLE ON THIS WEB SITE.
Any brochures, information, software and the like that is made available to
download from the Services ("Information") is the copyrighted work of
Sharper Mind Centers Inc., Sharper Minds Inc. and/or its suppliers.
The Information is made
available for download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Information not in
accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
NOTICE SPECIFIC TO
DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above
do not include the design or layout of the SharperMindCenters.com Web site or
any other Sharper Mind Centers owned, operated, licensed or controlled site.
Elements of Sharper Mind Centers Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any Sharper Mind
Centers Web site may be copied or retransmitted unless expressly permitted by
Sharper Mind Centers.
SHARPER MIND CENTERS
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SHARPER MIND
CENTERS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SHARPER
MIND CENTERS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
SHARPER MIND CENTERS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME.
NOTICES REGARDING
INFORMATION, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL SHARPER MIND CENTERS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF INFORMATION, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
NO UNLAWFUL OR
PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Sharper Mind Centers server, or the network(s)
connected to any Sharper Mind Centers server, or interfere with any other
party's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any Sharper Mind Centers server or to any of the Services,
through hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service"
and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material that
are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using
the Communication Services, you will not:
- Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic,
name, material or information.
- Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless you own or control the rights thereto or have received all
necessary consent to do the same.
- Use any material or information, including images or
photographs, which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or
property of another.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Services
specifically allows such messages.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management
information, such as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
Sharper
Mind Centers has no obligation to monitor the Communication Services. However,
Sharper Mind Centers reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole discretion.
Sharper Mind Centers reserves the right to terminate your access to any or all
of the Communication Services at any time, without notice, for any reason
whatsoever.
Sharper Mind Centers reserves the right at all times to
disclose any information as Sharper Mind Centers deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in Sharper Mind Centers' sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any Communication
Services. Sharper Mind Centers does not control or endorse the content, messages
or information found in any Communication Services and, therefore, Sharper Mind
Centers specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized Sharper Mind Centers
spokespersons, and their views do not necessarily reflect those of Sharper Mind
Centers.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or dissemination; you
are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO SHARPER MIND CENTERS OR POSTED AT ANY
SHARPER MIND CENTERS WEB SITE.
Sharper Mind Centers does not claim ownership of the materials you provide to
Sharper Mind Centers (including feedback and suggestions) or post, upload, input
or submit to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are granting Sharper Mind Centers, its affiliated companies
and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses (including, without limitation, all
Sharper Mind Centers Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your name in
connection with your Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be paid with
respect to the use of your Submission, as provided herein. Sharper Mind Centers
is under no obligation to post or use any Submission you may provide and Sharper
Mind Centers may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services, (b) you have the rights
necessary to grant the licenses and sublicenses described in these Terms of Use,
and (c) that each person depicted in such Images, if any, has provided consent
to the use of the Images as set forth in these Terms of Use, including, by way
of example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community), permission
to use your Images in connection with the use, as permitted by these Terms of
Use, of any of the Services, (including, by way of example, and not as a
limitation, making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will
terminate at the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE SHARPER MIND CENTERS' SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF SHARPER MIND CENTERS AND SHARPER MIND
CENTERS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SHARPER
MIND CENTERS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. SHARPER MIND CENTERS IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY SHARPER MIND CENTERS OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
SHARPER MIND CENTERS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN SHARPER MIND CENTERS' PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SHARPER MIND CENTERS. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SHARPER MIND CENTERS OR ANYONE AT
SHARPER MIND CENTERS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SHARPER MIND CENTERS
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2001-2010 Sharper Mind Centers Inc.
P.O. Box 253, Burleson, TX 76097-0253 U.S.A. All rights reserved.
TRADEMARKS. Sharper Mind Centers and Sharper Minds, Sharper Minds
program, Sharper Minds Method are trademarks of Sharper Mind Centers, Inc. in
the U.S. and/or other countries.
The names of
actual companies and products mentioned herein may be the trademarks of their
respective owners.
Any rights not expressly granted herein
are reserved.
Send your questions to the appropriate contact as listed
below:
- Sharper Minds
Web properties,
(Info and the numeral 1)
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