Legal

WWW.ALLKINDSOFMINDS.ORG and WWW.SCHOOLSATTUNED.ORG
TERMS OF USE AGREEMENT

These terms of use (this “Agreement”) set forth the policies of All Kinds of Minds and its subsidiaries and affiliates (collectively, the “Institute”) regarding the use of www.allkindsofminds.org and www.schoolsattuned.org (the “Website”). The Website enables users to explore resources and programs intended to help students who are struggling to succeed in school. This Agreement describes the terms governing your use of the Website, which may be modified by the Institute at any time without prior notice. You agree to be bound by any such modifications once they are posted on the Website.

1. Access
The Institute offers access to the Website to members of the general public (each, a “User”) without the need to register. However, you must register as a member of the Website (“Member”) in order to gain access to certain features which are unavailable to Users.

2. Registration
2.1 You must be eighteen (18) years of age or over to register as a Member. By registering, you represent and warrant that you have the right, authority, and capacity to enter into, and to fully abide by, all of the terms and conditions of this Agreement. You hereby agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website, and all applicable laws regarding the transmission of technical data exported from the United States.
2.2 As part of the registration process to become a Member, you must provide certain limited personally identifiable information (“PII”) about yourself, and maintain and update this information as required to keep it current, complete, and accurate. PII may include, but is not limited to, your name, address, phone number, email address, job description, username, password, and other information. Members will also be asked to create and enter a password so that they may participate in online discussion groups and store selected information via the Website. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur through the use of your password. You agree to immediately notify the Institute of any unauthorized use of your password or any other breach of security. You agree that the Institute shall not be liable for any loss or damage arising from your failure to comply with the foregoing.

3. Term
This Agreement shall remain in full force and effect until modified or amended. If you are a User, you agree that your use of the Website indicates that you have read and agree to be bound by the terms of this Agreement and the Institute’s privacy policy (the “Institute’s Privacy Policy”) located at www.allkindsofminds.org/legal_Privacy.aspx. If you are a Member, you agree that the Institute, at its sole discretion, may restrict or terminate your use of the password protected portions of the Website for any reason, at any time. If the Institute terminates your use of the password protected portions of the Website because you have breached the terms of this Agreement, your use of the Website shall nonetheless remain subject to the terms of this Agreement.

4. Use of the Website
4.1 You are solely responsible for any messages, images, profiles, submissions, reviews, listings, programs or any other content (“Content”) that you disclose, submit, publish, display, or otherwise transmit directly or indirectly ("Post") on the Website, in whatever form (written or otherwise). You acknowledge that the Institute does not guarantee the accuracy, integrity or quality of the Content posted by Members.
4.2 Upon the Posting of Content to any Public Area (as hereinafter defined), you automatically grant, and you represent and warrant that you have the right to grant, to the Institute an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. A “Public Area” shall refer to any portion of the Website where Members or Users can Post Content that is viewable to others.
4.3 You acknowledge and agree that the Institute is under no obligation (1) to maintain your Content in confidence, except as otherwise expressly provided herein or in the Institute’s Privacy Policy; (2) to pay to you or any User or Member any compensation for any Content; or (3) to respond to any of your, or any other User’s or Member’s, Content.
>4.4 You acknowledge and agree that the Institute may review and delete any Content that in the Institute’s sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any User or Member.
4.5 You acknowledge and agree that your PII may be disclosed if required by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on the Website, (b) enforce this Agreement, (c) respond to claims that the Content you Post violates the rights of third parties; or (d) protect the rights, property or personal safety of the Website, its Users, Members, and the public.
4.6 You acknowledge and agree that you shall not Post any Content that:
 (a) is designed or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
 (b) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way, including through the use of JavaScript, ActiveX or other coding;
 (c) copies, reproduces, alters, modifies, or publicly displays any material, to the extent that such actions would infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
 (d) promotes an illegal or unauthorized copy of a 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;
 (e) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
 (f) harasses or advocates harassment of another person;
 (g) involves the transmission of "junk mail," "chain letters," “spyware”, or unsolicited mass mailing or "spamming";
 (h) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
 (i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
 (j) displays pornographic or sexually explicit material of any kind;
 (k) provides material that exploits people under the age of eighteen (18) in a sexual or violent manner or in any other way, or solicits personal information from anyone under the age of eighteen (18);
 (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
 (m) solicits passwords or PII for commercial or unlawful purposes from Users or Members;
 (n) creates liability for the Institute or causes the Institute to lose (in whole or part) the services of its ISPs or other suppliers;
 (o) links to materials, directly or indirectly, to which you do not have a right to link;(p) encourages others to violate this Agreement;
 (q) violates (intentionally or unintentionally) any applicable local, state, national, or international law; or
 (r) is fraudulent.

4.7 In the event that any of the above is nonetheless posted on the Website and you are exposed to offensive, indecent, objectionable, or otherwise damaging Content, you agree that you shall hold harmless and waive any right to damages from the Institute related to such exposure.
4.8 You agree that you are prohibited from engaging in illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

5. Purchases

If you elect to purchase a product through the Website, you will be directed to the Website of one of our merchant providers where certain of your PII (including your name, billing address, shipping address, and credit card information) will be requested by such merchant provider in order to execute the transaction. You acknowledge and agree that any PII that you disclose to such merchant provider shall be subject only to the privacy policy posted on such merchant provider Website.

6. Transactions with Others
The Insitute shall not be liable for your interactions with any organizations and/or individuals on or through the Website, including but not limited to, payment for and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that the Institute is not responsible for any damage or loss incurred as a result of any such dealings. The Institute is not under any obligation to become involved in disputes between Members and/or Users, or between Members and/or Users and any third party. In the event of a dispute, you acknowledge and agree that you release and hold harmless the Institute, its partners, vendors, licensors, trustees, officers, employees, agents and successors from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Website.

7. No Medical Advice; No Guarantees
You acknowledge and agree that the content made available through this Website is for informational purposes only and is not intended to constitute, and should not in any way be construed as, (i) medical advice or counseling, (ii) the practice of medicine including without limitation the provision of health care diagnosis or treatment, or (iii) the creation of a physician-patient or clinical relationship with the Institute. Members and/or Users should never use the Website’s resources in the place of seeking professional advice from licensed practitioners. The Institute makes no promises, guarantees, or predictions of success regarding any of its services or resources available through the Website.

8. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THE INSTITUTE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE MATERIAL ON THE WEBSITE, WHETHER CONTENT POSTED BY MEMBERS, OR AS A RESULT OF ANY MALFUNCTIONING EQUIPMENT OR SOFTWARE OR OTHERWISE.
THE INSTITUTE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, WEBSITE FUNCTIONS, SERVICES, CONTENT, OR OTHER MEMBER/USER COMMUNICATIONS. YOU ACKNOWLEDGE THAT THE INSTITUTE IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A MEMBER’S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SCAN ANY DOCUMENTS ATTACHED TO, AND AGREE TO HOLD THE INSTITUTE HARMLESS FOR ANY COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE THAT YOU MAY RECEIVE FROM, ELECTRONIC MAIL SENT FROM THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND AS TO THE ACCURACY OR COMPLETENESS OF THE WEBSITE IS ASSUMED SOLELY BY YOU. UNDER NO CIRCUMSTANCES WILL THE INSTITUTE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONES USE OF THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN MEMBERS/USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THE WEBSITE IS PROVIDED "AS-IS" AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INSTITUTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE INSTITUTE DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ITS SERVICES. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE INSTITUTE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

9. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE INSTITUTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE INSTITUTE TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE INSTITUTE FOR USE OF THE WEBSITE DURING THE TERM OF MEMBERSHIP, OR (B) $100.

10. Links
The Institute may provide links to other websites or resources of possible interest to Members or Users. Because we have no control over such websites or resources, you acknowledge and agree that the Institute is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that the Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. All such websites shall be subject to the policies and procedures of the owner of such websites.

11. Privacy
The terms regulating the handling of PII on the Website is described in the Institute’s Privacy Policy (www.allkindsofminds.org/legal_privacy.aspx). You understand and agree that we may send you certain communications, such as announcements, newsletters, and other messages, and that you may opt out of receiving these communications by notifying the Institute In accordance with Section 16 of this Agreement.

12. Disputes
If there is any dispute about or involving the Website, you agree that the dispute will be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New Hampshire, City of Concord.

13. Indemnity
You agree to indemnify and hold the Institute, trustees, officers, agents, partners, vendors, licensors, and its employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of any of your representations and warranties set forth above.

14. Notices
Except as otherwise stated, any notice to us shall be given by certified mail to Q.E.D. Foundation, Attn: Legal Department, 105 State Route 101A, Unit 1A, Amherst, NH 03031 or by e-mail to info@allkindsofminds.org, and any notice to you shall be given to the e-mail address that you provided us during the registration process, if any, or to such other address as you shall have provided to us. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

15. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and the Institute is intended or created by this Agreement.

16. No Waiver

The failure by the Institute to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

17. Survival

Any provision of this Agreement which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement.

18. Other
This Agreement contains the entire agreement between you and the Institute regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact us at info@allkindsofminds.org if you have any questions regarding this Agreement.