Permitted Use of Site
You may use the Site for personal, informational, and non-commercial use only. The Site must not be used for diagnosing or treating a health, rehabilitation or fitness problem or condition. Products and services published on the Site may be subject to individual national regulatory approval and may carry restrictions in the country where you reside. Information about applications, indications, products and services are in no case and under no circumstances intended to replace professional medical advice. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional.
You may not use, frame or utilize framing techniques to enclose any MyndTec trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without MyndTec’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a MyndTec name, trademark, or product name without MyndTec’s express written consent.
All copyrighted and copyrightable materials on the Site, including, without limitation, the MyndTec logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrights of MyndTec, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MyndTec or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on the Site for personal, informational and non-commercial use only; provided that, you may not, without the permission of MyndTec or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Trademarks and Service Marks
MyndTec, the MyndTec logo, and the products and services described in the Site, including without limitation MyndMove™, are either trademarks, service marks or registered trademarks of MyndTec and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyndTec or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MyndTec, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MyndTec. All other trademarks, registered trademarks, product names and MyndTec names or logos mentioned herein are the property of their respective owners.
MyndTec makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. The linked sites are not under the control of MyndTec and MyndTec is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MyndTec is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by MyndTec of the site or any information contained therein. When leaving the MyndTec site, you should be aware that MyndTec’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information (“Submissions”) provided by you in the form of e-mail or submissions to MyndTec are non-confidential, and by providing the Submissions to MyndTec you hereby grant MyndTec an unrestricted, irrevocable, transferable, sublicensable, license to use, modify, and create derivative works from the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MyndTec cannot guarantee the confidentiality or security of any e-mail communications or information sent by you to us via the Site. If you wish to send MyndTec confidential information, please notify MyndTec first to make arrangements.
Information Collected from Site
Like most other commercial websites, the Site may monitor traffic patterns, site usage and related site information. MyndTec may automatically (i.e., not via registration) collect or compile certain information that is not personally identifiable when you access the Site. Examples of this type of information include the aggregate and unique number of visitors to the website, the dates and times of visits to the website, the domains/countries of visitors, the pages of the website visited and the content accessed, the browsers, operating systems, search engines and search terms used to visit the website and HTTP errors generated. MyndTec uses this information in order to optimize the Site and to assess usage of the Site. MyndTec may provide such information to its website contractors for these purposes.
“AS IS” BASIS. THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS’ BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. MYNDTEC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. MYNDTEC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MYNDTEC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE MYNDTEC ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, MYNDTEC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MyndTec reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MyndTec.
Limitation of Liability
IN NO EVENT SHALL MYNDTEC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR FAILURE TO REALIZE EXPECTED SAVINGS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in provincial or federal court located in the Province of Ontario, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, MyndTec reserves the right, without notice and in its sole discretion, to terminate your permission to use the Site, and to block or prevent future access to and use of the Site.