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Home Page Frequently Asked Questions (FAQs)
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LICENSE AGREEMENT FOR SHARPER MINDS METHOD
(“METHOD”)
This
brief synopsis of the License Agreement is provided as a convenience for the
reader and does not contain the full text of the License Agreement to which a
Licensee will be bound – See Full Text for
Details following: 1.
By opening the shrinkwrap around the dust proof album (containing the
instructional materials) or examining any of the equipment or materials, you are
bound by the full License Agreement.
If you disagree, do not open the kit or examine any of the materials, but
promptly return the kit with a copy of your invoice to the vendor for a full
refund. Those
reviewing the kit or materials for any reason are also bound by this agreement. 2.
Warranty: 30-day money back guarantee for any reason of dissatisfaction
or for exchanging any defective component.
Thereafter, replacement due to any reason is made for a nominal fee.
If you return an opened kit, you are still bound by the confidentiality
and non-infringement terms of this agreement. 3.
Grant of license is for use only with the family members living in your
home (up to 10) or for use by a provider duly authorized and licensed by Sharper
Minds. 4.
Sharper Minds welcomes professionals or other providers who wish to use
the METHOD with their clients or students, whether in a paid or a volunteer
capacity. However,
these are subject to additional licensing requirements.
5.
You will need access to additional equipment such as a VHS, audiocassette
and CD player to make full use of the instructional materials for the METHOD. 6.
Make copies or print out only the 8½ x 11 forms so labeled.
You may copy the data files onto a personal computer hard drive for
printing out the forms needed for your family’s use.
You may not copy anything else. 7.
Keep the actual program methodology confidential – no dissemination
outside of your home by Internet, E-mail or other method.
8.
Resale of used kit is permitted under certain restrictions: no online
sales, no sales to entities, kit must be complete, written notice of transfer
required. 9.
All title and interest remains with Sharper Minds and/or its suppliers.
No non-authorized copying, public showing, usage or creating of
derivatives thereof, etc. or violating of Sharper Minds’ or its third party
suppliers’ intellectual property rights.
Sharper Minds owns rights to any copies or derivatives.
Violators agree to pay attorneys’ fees and costs plus stated damages. 10.
You are responsible for the proper application of the METHOD. 11.
Indemnity Clauses, Warranties, Disclaimers, Export Controls, U.S.
Government Restricted Rights, Notices, Address information, etc.
No liability is accepted, beyond the purchase price of the product. 12.
Agreement governed by Nevada law. FULL LICENSE AGREEMENT FOR THE SHARPER MINDS METHOD ("METHOD")BY OPENING THE SHRINKWRAP PACKAGING SURROUNDING THE INSTRUCTIONAL MATERIALS OF THE SHARPER MINDS METHOD, READING ITS MANUALS, OR EXAMINING ANY OF THE EQUIPMENT OR MATERIALS, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.Sharper
Minds licenses the accompanying METHOD to you only upon the condition that you
accept all of the terms contained in this license agreement.
Please read the terms carefully before continuing.
If you do not agree to these terms, Sharper Minds is unwilling to license
the METHOD to you, in which event you may not open the package, read the manuals
or watch or listen to any of the media components.
You must return the full product with proof of purchase to the vendor
from whom it was acquired within thirty days of purchase, and your money will be
refunded. By
ordering a Sharper Minds Method kit from any of our websites or an affiliated
website, or by opening up the shrink wrap around the dust proof album, or
reading, watching or listening to any of the METHOD’s instructional materials,
you are indicating that you have read and agree to the terms of this License
Agreement. If you are not willing
to abide by the terms of this License Agreement, do not order the Sharper Minds
Kit, do not open the dust proof album, read the manuals or examine any of the
materials. If
you are returning an opened kit subject to the 30-day money-back guarantee
provisions, you agree to be bound by this agreement, especially as it pertains
to intellectual property rights, our copyrights and the creation of derivatives
of any component of the METHOD. THIRD PARTY REVIEW OR SERVICESIf
you show the METHOD to someone else, including but not limited to a professional
for their review or evaluation, that other person must also agree with the terms
of this License Agreement prior to examining the materials.
[We welcome and encourage honest open-minded review by professionals.] Furthermore,
Sharper Minds welcomes professionals and other third party service providers who
are interested in utilizing the METHOD as part of their practice.
For a reasonable licensing fee, which includes training in overseeing the
METHOD as well as a number of kits, third party providers may oversee an End
User’s utilization and progress in the METHOD, as well as purchase additional
kits at reseller’s pricing. Since
any professionals or entities administering the METHOD are not under the direct
oversight of Sharper Minds, Licensee shall not hold Sharper Minds liable for any
deeds, misdeeds, errors or omission of said individual or entity. If
someone has given you any of the materials, including but not limited to the
equipment, manuals or any of the media components, and you do not agree with this License
Agreement, return the materials immediately to the person who provided them to
you without reviewing the materials or retaining any copies, drawings,
photographs or the like for yourself or any entity with which you are directly
or indirectly affiliated with. ONE KIT PER FAMILYThe
METHOD is intended for home use only, or as administered by a provider duly
licensed and authorized by Sharper Minds to oversee a family or student’s
usage and progress using the METHOD. As
such, Sharper Minds grants to you the limited right to use the enclosed METHOD,
including the equipment, manuals, forms and charts, and media components,
including but not limited to videos, audiocassettes, and any CDs with your
family or said student. Your family is defined as
any natural born, adopted or foster children or children for whom you are legal
guardian that are living in your home. Further
it includes any blood relatives or relatives by marriage, or significant others
living in the same residence as the primary purchaser.
A single kit may not be used with more than 10 family members in the same
residence. Professionals or other
providers guiding client families or students through the METHOD must allocate
one kit per family or student, and with the exception of in-office equipment
used for training and monitoring client families’ progress in the METHOD, may
not share the same kit with multiple families or students. COPYING OR PRINTING OF FORMSThe
METHOD includes 8½ x 11" forms for doing some of the written exercises and
tracking your family members’ progress in the METHOD.
You are authorized to copy only the labeled forms, but in no greater
quantity that necessary to do the exercises and track the progress of each
person that is working the METHOD. Reasonable
is no greater than an allocation of one copy of the Daily Record sheet per day
per person and up to four forms related to an exercise per day per person (i.e.
such as the spelling forms). Furthermore, you may insert any enclosed diskette or CD
containing forms in Adobe Acrobat Portable Document Format (PDF) into a personal
computer and print out sufficient quantities to meet your family’s needs as
permitted above. You may also copy
the data files onto one personal computer in the family’s home for ease of
access. If you move or copy the
files to another computer or transfer the kit in its entirety subject to that
provision following, you must delete the files from the former computer. It
is a breach of this agreement to fax, e-mail, send or otherwise disseminate the
digital files for the forms to anyone living outside your immediate home, or to
disseminate them via the Internet or any other method.
Any updated versions of the forms downloaded from our website or one of
our affiliates are subject to the applicable terms of this License Agreement as
well. ADDITIONAL EQUIPMENTYou
are responsible for obtaining the appropriate equipment such as audio or video
related equipment to view the videos or listen to the audio instructions.
While a computer and printer and Internet access is not required to do
the METHOD, if you wish to access our website for updates or some of our support
options, you will need access to these. THIRTY DAY MONEY BACK GUARANTEE:If
you are an original Licensee of this METHOD and are dissatisfied with the
product for any reason, you may return the complete product, together with a
copy of your
receipt, to the authorized dealer from which you purchased the kit, shipping
prepaid, for a full refund at any time during the thirty-day period following
the delivery to you of the METHOD. If
any component of this kit is defective, return the component along with a brief
note of explanation to Sharper Minds Inc. at P.O. Box 253, Burleson, TX 76097-0253 within 30 days of purchase along with a copy of your
dated receipt, and a replacement component will be mailed or shipped to you at
no cost. The Post office can handle oversized items if necessary and is very competitive with their pricing. Any
replacement or exchange after this time period, whether due to user damage or
defect, is subject to a nominal replacement charge after this time period. NO BAD PRESS IN THE MARKETYou understand that the METHOD requires consistent effort over time in accordance with the instructional materials to yield results. In the event that consistent effort over time is NOT put forth, nor the directions followed as provided in the METHOD instructional materials, then you shall not represent that the method is non-effective, nor generate or disseminate any negative publicity, whether by print, the Internet, e-mail, newsgroup or any other mechanism. TITLE, COPYRIGHT AND VIOLATION THEREOFAll
rights, title, interest and intellectual property rights in and to the content
comprising the METHOD or to which a user may be exposed to in the process of
using the METHOD, including but not limited to
all patent, copyright, trade secret, trade name, trademark, and other
proprietary rights related to the METHOD, shall remain vested in Sharper Minds
and/or its third-party suppliers and is protected by applicable copyright or
other intellectual property laws and treaties.
You will not do anything to infringe upon, contest, prejudice or violate
Sharper Minds' or its third-party suppliers’ title to the intellectual
property rights in the METHOD. Worldwide
rights reserved. Except
as authorized herein, you may not copy, modify, adapt, digitize, duplicate,
translate, rent, sublicense, loan, distribute, reverse engineer, or create
derivative works based upon the METHOD or any part thereof whether in materials,
equipment design, printed or media form. In the event you, or someone you provide the materials to
does so, Sharper Minds’ intellectual property rights apply to those items so
created and the promulgators or users thereof shall make proper licensing
arrangements prior to selling or using such methods or materials or making them
available to others. In the event
such licensing is not arranged, and/or breach of Sharper Minds intellectual
property rights occurs, then the person(s) or promulgating entity(s) recognize
that irreparable harm has been caused to Sharper Minds or its third-party
suppliers. Accordingly,
in the event of a breach, Sharper
Minds or its third-party suppliers are
entitled to promptly seek injunctive relief in addition to any other remedies
that Sharper Minds may
have at law or in equity.
Furthermore, Licensee and violating party, jointly and severally agree,
that any injunction relief would be inadequate for the damages caused to Sharper
Minds and agrees to pay Sharper Minds in addition to any relief by the courts, a
fee equal to 50% of the gross sales or donated values of such violating
materials or $250/day during which the violation occurs, whichever is greater,
along with all attorneys' fees and costs. This clause shall survive any
termination of this agreement, by any mechanism or operation of law, even if you
examined the kit contents and returned the METHOD subject to the 30-day money
back guarantee. RESTRICTIONS ON RENT, SALE OR RESALEUnless
you are a reseller or provider duly licensed and authorized by Sharper Minds to
do so, you may not rent, sell or distribute the kit components of the METHOD to
others except as provided in the following paragraph. As an individual purchaser and Licensee, you may, upon written notice to Sharper Minds (see below), sell or transfer the complete kit components of the METHOD on a permanent basis to another similar person for their own personal use, provided that you retain no copies of the METHOD and the transferee agrees to the terms of this agreement; such transfers include but are not limited to sales at a yard or garage sale. Online Sales, such as sales or offers of sale of used kits over the Internet, including but not limited to posting the items on eBay or other sites, is strictly prohibited. Licensee shall provide notice in writing
within fourteen (14) days of the sale or transfer of the kit components and
shall include the legitimate name and address of the transferee. Notice of
the transfer shall be delivered to Sharper Minds per the information provided at
the end of this License Agreement. You may not resell or transfer the kit
components to an entity such as a business, corporation, trust, LLC, or the
like. ACCOUNTABILITY AND LIABILITYYou
are responsible for the appropriate application of the METHOD, and retain
liability for your own actions or those who you permit to use the METHOD.
Usage of the equipment for any purpose other than that indicated in the
METHOD manuals is not recommended. Those
who may be harmed by a fall (such as the elderly, or those with vertigo or
dizziness) should not use the balance board or shall use it only under close
supervision by someone capable of catching and supporting them in the event of a
loss of balance or a fall. INDEMNITYYou
agree to indemnify and hold harmless Sharper Minds, Inc., Sharper Minds,
Inc., and any third party suppliers and their respective employees, directors,
and representatives from and against any loss, liability, claim, damage and
expenses (including attorneys' fees) arising from or in connection with usage of
this kit and its components and the information therein, or any supporting
information provided by one of our websites, or an affiliate’s website.
If a discussion forum available for public access and comment is
available on such website, you acknowledge that Sharper Minds does not on a
day-to-day basis monitor the discussion forum and you will examine the
appropriateness of any postings before permitting a minor to read them. WARRANTIESSharper Minds warrants that the equipment as well as the instructional media for the METHOD is supplied free of defects in materials and workmanship, and will provide to you at no charge, within 30 days of purchase, a replacement upon return of any defective item. Call toll free 1-866-HELP-A.D.D. for exchange instructions. THE
WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS,
WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW
OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHARPER
MINDS, INC. AND SHARPER MINDS CENTERS, INC. DO NOT REPRESENT OR WARRANT: (i) THAT THE METHOD WILL ENHANCE THE MENTAL PERFORMANCE OF EVERY PERSON IN
EVERY CATEGORY. (ii) THAT EVERY CHILD THAT IS ON PSYCHOTROPIC OR SIMILAR MEDICATIONS WILL BE
ABLE TO DISCONTINUE THEIR MEDICATIONS. SHARPER
MINDS IS NOT IN THE PRACTICE OF MEDICINE AND ANY DECISION TO ALTER THE DOSAGE OR
DISCONTINUE MEDICATIONS PRESCRIBED FOR ATTENTION DEFICIT HYPERACTIVITY DISORDER
OR THE LIKE SHOULD BE DONE IN CONJUNCTION WITH THE CONSULTATION OF A LICENSED
PHYSICIAN EXPERIENCED IN THIS FIELD. (iii) THAT THE METHOD WILL REDUCE OR ELIMINATE THE SYMPTOMS OF ALZHEIMER’S,
AUTISM, ASPERGERS OR THE LIKE. HOWEVER,
THE METHOD MAY HAVE A POSITIVE EFFECT ON SOME OR EVEN MANY INDIVIDUALS THAT HAVE
THESE CONDITIONS. This
limited warranty gives you specific legal rights, and you may have other rights,
which vary according to local laws. Because some states and provinces do not
allow the exclusion or limitation of implied warranties, the above warranty
exclusions or limitations may not apply to you. DISCLAIMERSIN
NO EVENT SHALL SHARPER MINDS, SHARPER MIND CENTERS, INC. OR THEIR
RESPECTIVE DIRECTORS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR EXPOSING FAMILY ISSUES, ISSUES
REVEALED BY ADDITIONAL MENTAL CAPACITY, EQUIPMENT FAILURE OR MALFUNCTION THROUGH
USAGE OF ANY MEDIA COMPONENTS OR DATA FILES OR THIRD PARTY PROGRAMS PROVIDED ON
INCLUDED DISKS, OR ANY AND ALL OTHER DAMAGES OR LOSSES, COMMERCIAL OR OTHERWISE
ARISING OUT OF THE USE OF OR INABILITY TO USE THE METHOD, EVEN IF SHARPER MINDS OR SHARPER MIND CENTERS, INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Because some states and provinces do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
exclusions or limitations may not apply to you. THE
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR DEMAND, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND
SHALL SURVIVE ANY FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL
PURPOSE OF THIS AGREEMENT, OR OF ANY REMEDY CONTAINED IN THIS AGREEMENT. IN
NO EVENT SHALL SHARPER MINDS'S OR SHARPER MIND CENTERS, INC.'S LIABILITY
TO YOU IN CONNECTION WITH THE METHOD EXCEED THE FEES PAID BY YOU FOR THE
PRODUCT. EXPORT CONTROLSNone
of the METHOD or underlying information or technology may be downloaded,
exported, or reexported into any country to which the United States Government
("U.S.") has embargoed goods, or 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 using the METHOD, you are agreeing to the
foregoing and you are representing and warranting that you are not a national or
resident of, or located in or under the control of, any country subject to such
export controls. U.S. GOVERNMENT RESTRICTED RIGHTSThe
METHOD is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the Government is subject to restrictions.
Software related components of the METHOD are subject
to restrictions set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR
52.227-19, subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause in DFARS
252.227-7013, or subparagraph (d) of the Commercial Computer Software--Licensing
at NASA FAR Supplement 16-52.227-86, or their equivalent, as applicable. Sharper Minds represents that the METHOD was developed
entirely at private expense, that no part of the METHOD was first produced in
the performance of a Government contract, and that the METHOD is not in the
public domain. Manufacturer is
Sharper Minds, Inc., formerly at 15050 SW Koll Pkwy. Suite Q, Beaverton, Oregon 97006. MISCELLANEOUSThis
Agreement represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them.
It may be amended only in writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER FOR THE METHOD PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT
THOSE CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make it
enforceable, This Agreement shall be governed by and construed under Nevada law
as such law applies to agreements between Nevada residents entered into and to
be performed within Nevada, except as governed by Federal law.
Furthermore, that the parties hereby exclude the applicability of the U.N.
Convention on Contracts for the International Sale of Goods, or any conflict of
laws provision. NOTICESExcept as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand-delivered, sent by facsimile with confirmation of receipt, sent by First Class Mail, return receipt requested (for all types of correspondence), postage prepaid, or sent by overnight courier service, and addressed as follows: Sharper Mind Centers, Inc. |
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