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Terms of Use

Mindgrasp:  Terms of Use and Important Legal Information

These  Mindgrasp Terms of Use (“Terms of Use”) apply to the websites, mobile apps, applications and other interactive features or services that post a link to these Terms of Use (each, a “Service” and collectively, the “Services” or “Mindgrasp Websites” or “Mindgrasp App).  Mindgrasp is referred to collectively in these Terms of Use as “Mindgrasp,” “Mindgrasp Websites,” “we” or “our.” “You,” “your” and “user” refer to any person or entity using our services.

These Terms of Use govern your use of our services we provide, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them (“Linked Services”), and regardless of whether you are a registered user or a guest.

Please note that different terms may apply to you based on where you live. Make sure you read the jurisdiction-specific terms for your country or province.  If not specified, the general terms provided here are the controlling terms. 

By clicking “I Accept” or by using our services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use our services and you must cease all such use immediately.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS OF USE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT WHERE PROHIBITED BY LOCAL LAW OR FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MINDGRASP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In some instances, both these Terms of Use and additional terms and conditions may apply to a service or product offered via our services (“Additional Terms”). We will make those Additional Terms available to You with the relevant Services. If you use those Services, the Additional Terms that apply will become part of this agreement between You and Mindgrasp. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

So what is in this document?

We are pleased to share the following:

  • Account Registration and Termination
  • Age and Residence Requirements; United States Jurisdiction
  • Proprietary Rights
  • Your License to Use Mindgrasp
  • Notice to Third-Party Websites
  • User Content and Activities
  • Acceptable Use Policy
  • Service Modifications
  • Mobile Use
  • Email and Text Message Notifications
  • Account Cancellation
  • Payments and Payment Processing
  • Third-Party Links, Content and Applications
  • Linking Policy
  • Disclaimer of Warranties
  • Limitations of Liability; Waiver
  • Indemnity
  • Informal Dispute Resolution
  • Dispute Resolution
  • Class Action Waiver
  • Commencing the Arbitration, Arbitration Rules, Governing Law
  • Arbitrator
  • Arbitration Location and Procedure
  • Batch Arbitration
  • Arbitrator’s Decision
  • Fees
  • Invalidity, Expiration, and Termination
  • Changes
  • Policies
  • Privacy Policy
  • List Prices
  • Mindgrasp Credit
  • Tax
  • Certain Payments and Renewals
  • Free Trial Memberships
  • Miscellaneous
  • Changes
  • Entire Agreement
  • Contacting Mindgrasp

 

1. Where it begins:  Your Account Registration

Mindgrasp provides certain services, both online and through our proprietary App, designed to improve the overall experience and help users save time. You may only have one Mindgrasp account for use of our services. You may not create or use more than one account, and you may not share your account or any of our services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third-party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Mindgrasp immediately if you suspect any unauthorized use of your account or access to your password. Mindgrasp has the right to terminate your account for any reason at our sole discretion without notice to you.

2. Age and Residence Requirements; United States Jurisdiction

Our services are available to individuals age 13 and over. If you are between the age of 13 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may register for an account regardless of where you live. Unless otherwise specified, all transactions, and all dollar values in this Terms of Use, shall be in United States Dollars. Our services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mindgrasp to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a United States company to do business. Mindgrasp operates the majority of its Services in the United States. Mindgrasp makes no representations or warranties that our services are appropriate for use or access in other locations. Anyone using or accessing our services from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of our services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. We will notify you before we exercise these rights, except when we are not required to and when required to protect our reputation, the integrity of our services or if you breach these Terms of Use.

3. Proprietary Rights

Our services are owned and operated by Mindgrasp. Unless otherwise explicitly specified by Mindgrasp, all materials that are included in or otherwise a part of our services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the “look and feel” of our services (collectively, “Mindgrasp Content”), are owned, controlled, or licensed by Mindgrasp or Mindgrasp’s affiliates. Mindgrasp Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. All rights in images of books or other publications included in our services are reserved by the copyright owners of such materials. Any unauthorized use of Mindgrasp Content is prohibited. Any unauthorized use of the materials appearing on our services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

4. Your License to Use Mindgrasp

Subject to your compliance with these Terms of Use, Mindgrasp grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view the Mindgrasp Content. You may only use our services for your own personal use. You agree not to view, copy, or procure content or information from our services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Mindgrasp Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Mindgrasp under separate written agreement. No materials from our services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Mindgrasp’s prior written permission or as expressly provided in these Terms of Use. When you download or use the Mindgrasp Content as authorized by these Terms of Use, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the Mindgrasp Content; and (c) not copy or adapt any object code associated with our services or reverse engineer, modify or attempt to discover any source code associated with our services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Mindgrasp Content, you may not share that subscription or license with others. Mindgrasp may impose reasonable limits on your scope of access to Mindgrasp Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.

5. Notice to Third-Party Websites/Digital Content

Any Mindgrasp Content made available in connection with your site, or otherwise, by our Widgets, third-party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Mindgrasp Content upon notice.  If you receive as part of your order access codes, passwords or downloads for online eBooks or publisher created online digital services content (“Digital Content”), then, when activating the codes, downloading content or logging in to access or use Digital Content, you may be required to agree to certain additional terms and conditions (“Digital Content Terms”) before you may access the Digital Content. Read the Digital Content Terms for each Digital Content you rent or purchase, as different Digital Content may come with different restrictions or may be updated from time to time. If there is a conflict between the Digital Content Terms and these Terms of Use, the Digital Content Terms supersede the Terms of Use only to the extent of your use of the relevant Digital Content.

6. User Content and Activities

When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material (“User Content”) to Mindgrasp, any Mindgrasp employee or contractor, or a Mindgrasp Website, you grant Mindgrasp and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Mindgrasp, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

Note that pursuant to our Privacy Policy, we will not create, facilitate, or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of our services and your interactions with Mindgrasp, without your express, written consent.

You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with our services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with our services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Mindgrasp’s request, you will furnish Mindgrasp any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

Except as otherwise described in the posted Privacy Policy, or other agreement on our services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary. You acknowledge and agree that your relationship with Mindgrasp is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Mindgrasp in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Mindgrasp.

It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.

You agree that Mindgrasp has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Mindgrasp will not have any obligation to you with regard to User Content and that Mindgrasp may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through our services, or allowing them to be distributed through our services. This includes private messages exchanged by you and other users through our services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with Mindgrasp.

7. Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload, or otherwise provide User Content via our services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Mindgrasp may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited user content includes, but is not limited to, material that Mindgrasp determines:

  1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
  4. posts information that poses or creates a privacy or security risk to any person;
  5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
  10. involves commercial activities and/or sales without prior written consent from Mindgrasp such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  11. includes a photograph or video of another person that you have posted without that person’s consent; or
  12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

Prohibited activities include, without limitation:

  1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
  2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
  3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from our services;
  5. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Mindgrasp page via HTML/CSS or any other means;
  6. any automated use of our services, such as, but not limited to, using scripts to send messages or posts;
  7. interfering with, disrupting, or creating an undue burden on our services or the networks or services connected to our services;
  8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using our services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Mindgrasp, or sending messages with a commercial purpose;
  9. activity unrelated or disruptive to our services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, “Bumping” multiple older topics (posting in them a long time after the last post), posting multiple identical or near-identical messages or topics, including “fad” topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
  10. using our services in a manner inconsistent with any applicable law.
8. Service Modifications

Mindgrasp reserves the right, in our sole discretion, to make changes to or discontinue any of our services at any time. Any description of our services provided by Mindgrasp is not a representation that our services are working or will always work in that manner, as Mindgrasp is continuously updating our services, and these updates may not always be reflected in the Terms of Use.

9. Mobile Use

Our services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to our services, receive messages from our services, download applications to your mobile phone or access features from our services (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

If you change or terminate your mobile account, you agree to promptly update your Mindgrasp account information so that any messages or notices from Mindgrasp regarding our services are sent to you and not to the person who is assigned your old number.

For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps.

Notwithstanding any other provision within these Terms of Use, the following additional terms are applicable to those using any app governed by these Terms on an Apple iOS device (“App”): You understand that these Terms of Use are between you and Mindgrasp only, and not Apple, Inc. (“Apple”), and that Mindgrasp (or any third-party developer that may own and operate the App) are responsible for the App and the content thereof. You further understand that the App may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the date hereof. You are granted a license to use the App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We are solely responsible for providing maintenance and support for the sites, as specified in these terms or as required under applicable law. You understand that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the sites. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us. We, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law. In the event of any third-party claim that the App or your possession and use of such App infringes that third-party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and that you are not listed on any United States government list of prohibited or restricted parties. You must comply with all applicable third-party terms of agreement when using the application. If you have any questions or concerns regarding the App, please contact us as described in these Terms of Use.
We do not offer refunds for our iOS product and do not handle the account settings directly. You must go to your iCloud account to further cancel or close any subscriptions you may have under your Apple account. 

10. Email and Text Message Notifications

Notifications or receipts from Mindgrasp will be delivered to you by email at the address you provided to Mindgrasp when you created your account or as later updated. You may also opt to receive text message reminders from Mindgrasp as a courtesy to you. Mindgrasp may contact you, sometimes through an automated or pre-recorded message, using the phone numbers you provide to Mindgrasp, including wireless numbers. Mindgrasp will not ask you for your personal information, account username, and password, or any information about you or your method of payment via email or text message. If you receive such an email or text message purportedly from Mindgrasp, it is fraudulent and Mindgrasp will have no responsibility for any misuse of any information you provide as a result.

11. Account Cancellation

To ensure a smooth process, we encourage you to reach out to our support team if you require assistance. You may request the cancellation of your account at any time during your use of our services. Mindgrasp may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse.
We maintain a no-refund policy. This means that refunds will generally not be provided, including but not limited to partial months of service, Unused accounts, Renewal payments.
Account holders are responsible for ensuring that accounts they do not wish to renew are canceled before the renewal date. Once a renewal charge has been processed, it is non-refundable.
Our services are billed in advance on a recurring basis, and these charges are non-refundable. We do not offer credits or refunds for partial service periods & unused services on active accounts.

12. Payments and Payment Processing

Validation: Mindgrasp may require users of our services to provide a valid method of payment (e.g., credit or debit card, PayPal account, etc.) tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to Mindgrasp) or upon ordering products or services. If a method of payment is required, you are responsible for ensuring that a valid method of payment is associated with your Mindgrasp account at all times (either the original method of payment or a replacement). To confirm your method of payment is valid, Mindgrasp may initiate a “pending” charge on the account. This charge will not be confirmed and, therefore, you will not be charged, and it will simply disappear from your financial statement (usually within seven days – check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.

Authorization Holds: For certain transactions, we may authorize anticipated charges and taxes from your method of payment. The amount of the authorization sought will depend on the transaction and may also vary depending on the nature of the payment method you have provided. This is sometimes referred to as an authorization hold and these funds may not be available for your use. If the provider for your method of payment rejects any authorization, you agree that we may charge any other method of payment we have on file for you (without notice to you, unless required by applicable law). The timeframe for an authorization hold to be removed will depend on the policies of your financial institution. You are responsible and liable for ensuring that enough funds are available in connection with the payment method used at the time any transaction is processed.

Other Policies: Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card’s security code (e.g., CVC, CVV, CID). Mindgrasp will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Mindgrasp may store your method of payment and you hereby acknowledge and agree that Mindgrasp may charge you for, and you will pay for, any charges specified on our services and for any auto-extension or renewal.  Mindgrasp reserves the right to place you into collections if you fail to timely pay for the products and services ordered; collections may be done by Mindgrasp or a third-party on Mindgrasp’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and except where prohibited by local law, recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to Mindgrasp.

13. Third-Party Links, Content and Applications

There may be links from Mindgrasp, or from communications you receive from Mindgrasp, to third-party websites or online features. Our services also may include third-party content that we do not control, maintain, or endorse.

Functionality on our services may also permit interactions between our services and a third-party website or online feature, including applications that connect our services or your profile on our services with a third-party site. For example, our services may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on our services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from our services or your User Content with a third-party, which may be publicly posted on that third-party’s website. Using this functionality typically requires you to login to your account on the third-party website. We do not control any of these third-party sites or any of their content. Neither Mindgrasp nor its service providers are responsible for the practices of any third-party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third-party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH SUCH THIRD-PARTIES FOUND THROUGH OUR SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

14. Linking Policy

Linking to Mindgrasp.ai is expressly prohibited by these Terms of Service, unless prior authorization has been granted to you by Mindgrasp.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MINDGRASP WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MINDGRASP AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, THIRD-PARTY DISTRIBUTORS AND THIRD-PARTY LICENSORS OF CONTENT SOLD THROUGH MINDGRASP (COLLECTIVELY THE “MINDGRASP PARTIES”) SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE MINDGRASP WEBSITES OR OUR SERVICES; (B) THE MINDGRASP CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MINDGRASP OR VIA OUR SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MINDGRASP PARTIES DISCLAIM ALL GUARANTEES, CONDITIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND OUR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MINDGRASP PARTIES SPECIFICALLY DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MINDGRASP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF OUR SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON OUR SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MINDGRASP PARTIES DO NOT WARRANT THAT YOUR USE OF OUR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MINDGRASP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING OUR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE OUR SERVICES.

THE MINDGRASP PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD-PARTIES ON OUR SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY MINDGRASP. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON OUR SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY MINDGRASP. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH OUR SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. MINDGRASP TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH OUR SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD-PARTIES. THIS “DISCLAIMERS” SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MINDGRASP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

16. Limitations of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ‎IN NO EVENT SHALL THE MINDGRASP PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) OUR SERVICES; (B) THE MINDGRASP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MINDGRASP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN OUR SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MINDGRASP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MINDGRASP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO MINDGRASP IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE MINDGRASP PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES TO THE STRICT EXTENT RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE MINDGRASP PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE MINDGRASP PARTIES, OR FOR THE MINDGRASP PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR LOSSES OR DAMAGES WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS IN YOUR JURISDICTION. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH MINDGRASP.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE MINDGRASP PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MINDGRASP CONTENT OWNED OR CONTROLLED BY THE MINDGRASP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MINDGRASP CONTENT OWNED OR CONTROLLED BY THE MINDGRASP PARTIES.

BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

17. Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mindgrasp and related Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your breach or anticipatory breach of these Terms of Use; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the Mindgrasp  and related Parties’ use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Mindgrasp. You will cooperate as fully required by the Mindgrasp Parties in the defense of any claim. The Mindgrasp Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Mindgrasp Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Mindgrasp.

18. Reporting Copyright and Other Intellectual Property Violations

Mindgrasp respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed, please notify us at Mindgrasp, 6751 Columbia Gateway Drive, Columbia, MD  21046, and include the following information:

  • Your contact information, including name, address, telephone number, and email address;
  • A description of the copyrighted work you claim has been infringed (including, e.g., the title, ISBN and other bibliographic information for books);
  • A reasonably specific description of where the allegedly infringing material is located on our services (including, e.g., the URL);
  • A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
  • Your electronic or physical signature;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Information reasonably sufficient to permit us to contact the complaining party.

NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.

We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Mindgrasp will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party’s intellectual property rights.

IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY MINDGRASP, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.

We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.

19. Informal Dispute Resolution

There might be instances when a Dispute (as defined under “Dispute Resolution” below) arises between you and Mindgrasp. If that occurs, Mindgrasp is committed to working with you to reach a reasonable resolution. You and Mindgrasp agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. Except to the extent prohibited by applicable consumer protection law, you and Mindgrasp therefore agree that before either party commences arbitration or against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of his or her intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. Notice to Mindgrasp that you intend to initiate an Informal Dispute Resolution Conference should be sent by email or regular mail to our offices located at Mindgrasp, 6751 Columbia Gateway Drive, Suite 300, Columbia, MD  21046, Attn: General Counsel. The notice must include: (1) your name, telephone number, mailing address, email address associated with your account and your account username; (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your claim.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a claim, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree otherwise; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree otherwise. In the time between a party receiving notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s claims. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

20. Dispute Resolution

If a dispute arises between you and Mindgrasp, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Mindgrasp agree that any dispute, claim or controversy between us arising out of or related to the Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, of our services or your use of our services (collectively, “Disputes”) will be finally settled by individual binding arbitration in accordance with this “Dispute Resolution” section, and not in a court of law. This “Dispute Resolution” section shall also be referred to as the “Arbitration Agreement.” Notwithstanding the foregoing, either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Without limiting the preceding sentence, you will also have the right to litigate Disputes in a court of competent jurisdiction if you provide Mindgrasp with written notice of your desire to do so by email or regular mail at our offices located at 6751 Columbia Gateway Drive, Suite 300, Columbia, MD  21046, Attn: General Counsel within thirty (30) days following the date you first receive these Terms of Use (“Arbitration Opt-out Notice”). Such notice must include your full name, address, Mindgrasp username, the email address you currently use to access your Mindgrasp account, and a clear statement that you want to opt out of this Arbitration Agreement. If you do not provide Mindgrasp with an Arbitration Opt-out Notice within this thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court except as expressly set forth with respect to individual actions in small claims courts.

You acknowledge and agree that you and Mindgrasp are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

21. Class Action Waiver

To the fullest extent permitted by applicable law, you and Mindgrasp agree to waive the right to have any Dispute within the scope of this Arbitration Agreement be brought, heard, administered, resolved, or arbitrated on a class, collective, or mass action basis, and as such all disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class, collective or mass basis, and an arbitrator shall not have any authority to hear, arbitrate or resolve any claim on a class, collective, and/or mass action basis, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”), or to consolidate arbitrations, except as provided in the Batch Arbitration section below. If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute, or if the Class Action Waiver is not permitted in your jurisdiction of residence, neither you nor Mindgrasp will be entitled to arbitration of such Dispute. If a court determines by means of a final decision not subject to any further appeal or recourse, that the Class Action Waiver is invalid or unenforceable with respect to a particular claim or request for relief, or if the Class Action Waiver is not permitted in your jurisdiction of residence, you and Mindgrasp agree that that particular claim or request for relief may be adjudicated in court, but shall be severed and the court proceeding stayed pending arbitration of the remaining claims. This Class Action Waiver does not prevent you or Mindgrasp from participating in a class-wide settlement of claims.

22. Commencing the Arbitration, Arbitration Rules, Governing Law

If the Informal Dispute Resolution Conference process above does not resolve satisfactorily the Dispute within 60 days after receipt of the notice, you and Mindgrasp agree that either party shall seek to finally resolve the Dispute through binding individual arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of these Terms of Use. (The AAA Rules are available at www.adr.org  .)

A party who desires to initiate arbitration must provide the other party with a Request for Arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username as well as the email address associated with the account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference as described above; and (5) the party’s portion of the applicable filing fee.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

The Terms of Use are governed by the laws of the State of California without regard to its conflict of law provisions, except where your jurisdiction states local law prevails. ‎The parties acknowledge that the Terms of Use evidence a transaction involving interstate commerce and that notwithstanding the provision in the preceding sentence with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If for whatever reason the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as follows, the arbitrator shall have the exclusive authority to resolve any Dispute relating to the interpretation, scope, applicability, enforceability, validity, or formation of this Arbitration Agreement. The exceptions to the preceding sentence are (1) all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable, illegal, void or voidable, or such Class Action Waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all Disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes arising out of or relating to whether either party has satisfied the condition precedent of engaging in the pre-arbitration Informal Dispute Resolution Conference discussed in the “Informal Dispute Resolution” section above, shall be decided only by a court of competent jurisdiction and not by an arbitrator. The parties agree that any and all due dates for arbitration fees shall be suspended, and no action for unpaid fees shall lie, while any Dispute arising out or relating to the Class Action Waiver, the payment of arbitration fees and/or the pre-arbitration Informal Dispute Resolution Conference are being resolved.

23. Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Maryland and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process is triggered (as described below), the AAA will appoint the arbitrator for each batch.

24. Arbitration Location and Procedure

Unless you and Mindgrasp otherwise agree, or the Batch Arbitration process is triggered, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000 United States dollars, then the arbitration will be conducted solely on the basis of documents you and Mindgrasp submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000 United States dollars, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator has the authority to grant motions dispositive of all or part of any claims or counterclaims.

You agree that any and all Disputes not resolved by the Informal Dispute Resolution Conference process will be finally resolved by arbitration in accordance with the AAA Rules then in effect, except as modified herein. Fees will be assessed based on the AAA Multiple Consumer Case Filings fees then in effect.

To increase the efficiency of administration and resolution of arbitrations, you and Mindgrasp agree that in the event that there are 100 or more individual Requests of a similar nature filed against Mindgrasp by or with the assistance of the same law firm, group of law firms or organizations within a 30 day period (or otherwise in close proximity), the AAA (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of case management fees and arbitrator compensation due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the applicability of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the Batch Arbitration process’ applicability (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Mindgrasp.

You and Mindgrasp agree to cooperate in good faith with the AAA to implement the Batch Arbitration approach including the payment of single case management fees and arbitrator compensation for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section.

25. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator’s award will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s awarding of damages must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.

If you prevail in arbitration, you may seek an award of reasonable attorneys’ fees and expenses, to the extent permitted under applicable law. Mindgrasp will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations.

Your responsibility to pay any AAA filing fees, case management fees and arbitrator compensation will be solely as set forth in the AAA Rules (see   Costs of Arbitration  ). However, if the arbitrator finds that either the substance of your claim or the relief sought in your Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Mindgrasp shall have the right to seek recovery of any AAA filing fees, case management fees and arbitrator compensation it has paid.

If any part or parts of this “Dispute Resolution” section are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the “Dispute Resolution” section shall continue in full force and effect to the fullest extent permitted by law. This “Dispute Resolution” section shall survive any expiration or termination of these Terms of Use or your relationship with Mindgrasp.

You agree that any Dispute that you have with Mindgrasp as detailed in this “Dispute Resolution” section must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Mindgrasp reserves the right to change the “Dispute Resolution”, “Class Action Waiver”, “Informal Dispute Resolution”, and arbitration sections. If Mindgrasp changes any such section after the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use), it will notify you. You agree that your continued use of Services will be deemed acceptance of those changes. If you do not agree to such changes, you may reject any such changes by sending us written notice (including by email to   legal ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date. In order to be effective, the notice must include your full name, address, Mindgrasp username, the email address you currently use to access your Mindgrasp account and clearly indicate your intent to reject changes to such sections.

Mindgrasp’s updates to the “Dispute Resolution”, “Class Action Waiver”, “Informal Dispute Resolution”, and arbitration sections do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Terms of Use and did not validly opt out of arbitration. If you reject any change or update to such sections, and you were bound by an existing agreement to arbitrate disputes arising out of or relating to this Terms of Use, Services or your use of our services, the provisions of such sections as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use) remain in full force and effect. Mindgrasp will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms of Use.

Updates to the “Dispute Resolution”, “Class Action Waiver”, “Informal Dispute Resolution”, and arbitration sections will not change your standing with respect to any litigation between Mindgrasp and you that is already pending in a federal or state court or an arbitration as of the date these updated Terms of Use go into effect (as indicated in the “Last Updated” date). Updates to such sections will apply to any litigation or arbitration between Mindgrasp and you that is commenced after these Terms of Use go into effect (as indicated in the “Last Updated” date), including in relation to events, circumstances or claims that pre-date this update, unless you validly opt out as described above.

26. Policies

When using Mindgrasp, you are subject to any posted policies or rules applicable to features you use through the Mindgrasp app or website, including without limitation our Terms of Use and other such notices we may from time to time provide. All such policies or rules are hereby incorporated into these Terms of Use. These policies may change from time to time.

27. Privacy Policy

Please refer to our Privacy Policy (  https://mindgrasp.ai/privacy-policy ) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of our services is subject to our Privacy Policy

28. Mindgrasp Credit

From time to time, Mindgrasp may issue you “Mindgrasp Credit.” Upon providing you Mindgrasp Credit, to the fullest extent permitted under applicable law, Mindgrasp may place limits on its use.  If provided to you in exchange for goods or services or as a refund, it will not expire, though we may with notice after a posted period of time convert your credit to cash and send it to your address of record. If the credit was given to you with terms explicitly authorizing redemption for cash, you may convert that credit to cash. If you receive a credit from customer support, you may not redeem it for cash.

From time to time, Mindgrasp may offer discounts, bonuses, coupons, loyalty programs, points programs, sweepstakes, contests or other promotional incentives. These incentives typically have their own specific rules, restrictions, and limitations (e.g., limiting when, how often, and under what circumstances you may be eligible for the promotion). All promotions may expire at any time without notice to recipients. Discounts apply only toward the actual base product/service rental or purchase cost; they do not apply to taxes, shipping, extension or late fees, or any other additional fees (e.g., conversion to purchase fees).

29. Tax

Purchases from Mindgrasp may be subject to taxes in many jurisdictions. Depending on your jurisdiction and the nature of the product or service you receive from us, this may be a rental tax, sales tax, use tax and/or value-added tax. Tax rates are different from jurisdiction to jurisdiction. You are responsible for paying all such taxes and all prices quoted on our services are (except to the extent expressly indicated otherwise) exclusive of applicable taxes which may apply in your jurisdiction.
All payments are exclusive of any applicable federal, state, local, or international taxes, duties, or other levies. Users are responsible for all charges incurred, including taxes and fees, unless they are exempt under local tax laws.

30. Certain Payments and Renewals

Payment for certain Services is due in advance of each applicable membership period (e.g., monthly or annually). EXCEPT WHERE PROHIBITED BY LOCAL LAW, MONTHLY AND ANNUAL MEMBERSHIPS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD WE HAVE ON FILE FOR YOU WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR MEMBERSHIP IS TERMINATED BY US OR CANCELLED BY YOU. IF ANY OF OUR CHARGES ARE REJECTED FROM THE PAYMENT METHOD YOU HAVE INDICATED IS YOUR PREFERABLE PAYMENT METHOD, YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO, IN OUR SOLE DISCRETION: (I) RETRY SUCH PAYMENT METHOD; AND/OR (II) COLLECT FROM ANY OTHER PAYMENT METHOD WE HAVE ON FILE FOR YOU. 

31. Free Trial Memberships

Where permitted by local law, we may from time to time offer free trials for some of our Services. Such trials may require you to register with a valid credit card to commence. Users that sign up for a free trial membership at a particular level will be automatically renewed at the promoted membership rate for that level at the end of the trial period unless the user cancels the membership at least before the end of the trial, unless the terms of the offer explicitly state otherwise. You can cancel a free trial online on our services or by contacting Mindgrasp’s customer support. After cancellation of a free trial, you may be able to continue as a Free Member with reduced benefits or access. Only one free trial membership is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include “free” periods with “paid” periods, paid periods will elapse first. We may introduce new or additional features, services or materials to our services which may be a part of, or priced separately from, existing levels of membership at our sole discretion.

32. A Special Message to Students and Teachers

Mindgrasp is committed to the principles of academic integrity.  Our system is designed to enhance the educational process – it is not designed or intended to replace thinking.  It is not designed or intended to help students cheat or bypass the learning process.  Any use to the contrary is a violation of these terms of use.  We believe that used properly, Mindgrasp will enhance the educational experience by making learning easier.  Please do not engage in or tolerate any misuse of our product.

33. Miscellaneous

Unless otherwise stated in these Terms of Use, if any provision of the Terms of Use is declared to be wholly or partially void, invalid, illegal or unenforceable, that provision is severed to the extent that it is void, invalid, illegal or unenforceable and all remaining provisions continue in full force and effect. The failure of Mindgrasp to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This “Miscellaneous” section shall survive any expiration or termination of your relationship with Mindgrasp.

34. Changes

Mindgrasp may modify the Terms of Use including the linked policies contained herein from time to time (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Mindgrasp Website so that they are accessible via a link on the home page, and that your use of our Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use and will apply to your use of our services from that point forward.

35. Entire Agreement

The then-current Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Mindgrasp regarding our services. The Terms of Use may not be modified without the consent of a duly authorized representative of Mindgrasp and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Mindgrasp signs them or fails to object to them. This “Entire Agreement” section shall survive any expiration or termination of your relationship with Mindgrasp.

36. Contacting Mindgrasp

If you have any questions or concerns regarding the Mindgrasp Websites or Services, please write to us at   https://www.Mindgrasp.ai/contact;  or at our offices located at 3 Bethesda Metro Center