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Welcome to ViewMind Inc. (“ViewMind”). These Terms of Use (the “Agreement”) govern Your access to and use of our software,products and services, including our website, applications, and related services of ViewMind or our related, affiliated and/or subsidiary companies(collectively, the “Services”). By accessing or using the Services, You agree to be bound by this Agreement.
The Services may contain links to third-party websites or resources that are not owned or controlled by ViewMind. While we strive to provide quality and reliable links, You acknowledge and agree that ViewMind does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or resources. You should exercise caution and discretion when accessing any such links and understand that You do so at Your own risk. We encourage You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
The Services may contain links to third-party websites or resources that are not owned or controlled by ViewMind. While we strive to provide quality and reliable links, You acknowledge and agree that ViewMind does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or resources. You should exercise caution and discretion when accessing any such links and understand that You do so at Your own risk. We encourage You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
When you create an account with ViewMind, You must provide us with accurate, complete, and current information. It is important to ensure that Your account information, including Your email address and contact details, is kept up to date. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of Your account on our Service.
You are responsible for maintaining the confidentiality of the password You use to access our Services and for any activities or actions under Your account, whether Your password is with our Service or a third-party service. You agree not to disclose Your password to any third party. It is Your responsibility to safeguard Your password and promptly notify ViewMind if You become aware of any breach of security or unauthorized use of Your account.
ViewMind reserves the right to suspend or terminate user accounts for reasons other than a breach of these Terms. Such reasons may include, but are not limited to, violation of applicable laws, misuse of the Services, or any activity that ViewMind deems to be inconsistent with the intended use of the Services. In the event of termination, ViewMind will provide notice to the user via the contact information associated with the account.
ViewMind reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. We may exercise this right if we believe that the user’s conduct violates these Terms, is harmful to ViewMind, or is inconsistent with the intended use of the Services. We shall not be liable to You or any third party for any termination of accounts or removal or editing of content.
All information You provide to us for the purposes of creating an account is governed by our Privacy Policy. We take Your privacy seriously and make reasonable efforts to protect Your personal information from unauthorized disclosure or access. However, we cannot guarantee that Your personal information will be completely secure. For more information on how we collect, use, and disclose Your personal information, please refer to our Privacy Policy.
ViewMind reserves the right to require payment of fees for certain features of the Service. Should You elect to subscribe to such features, You shall pay all applicable fees. We reserve the right to change its price list and to institute new charges at any time at our sole discretion, upon prior notice to You. Use of the Services by You following such notification constitutes Your deemed acceptance of any new or increased charges unlessYou specifically reject such features.
ViewMind shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). There are no other third-party beneficiaries to these Terms except, if applicable, a party to an applicable Benefit Agreement. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.
These Terms constitute the entire agreement between You and ViewMind regarding the subject matter herein and supersede all prior or contemporaneous understandings or agreements, whether written or oral, relating to the Services.
The failure of ViewMind to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ViewMind.
The failure of ViewMind to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ViewMind.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VIEWMIND INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE SERVICES AT YOUR OWN RISK.
You acknowledge and agree that ViewMind and its licensors own all rights, title, and interest in and to the Services, including all intellectual property rights. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided in this Agreement, You are granted no right, title, or interest in or to the Services or any intellectual property rights therein.
Subject to Your compliance with this Agreement, ViewMind grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Services for Your personal or internal business purposes. This license does not include the right to modify, distribute, reproduce, publicly display, or perform, prepare derivative works based on, or otherwise use any portion of the Services except as explicitly permitted by ViewMind in writing.
“ViewMind,” the ViewMind logo, and any other product or service names, logos, or slogans displayed on the Services are trademarks of ViewMind or its affiliates or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ViewMind or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ViewMind” or any other name, trademark, or product or service name of ViewMind without our prior written permission.
By posting, submitting, or providing any content or materials through the Services, including but not limited to feedback, suggestions, ideas, or other information (“User Submissions”), You hereby grant ViewMind a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, prepare derivative works of, display, perform, and otherwise exploit the User Submissions in connection with the operation of the Services, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels. You also hereby waive any moral rights You may have in such User Submissions and agree not to assert any rights over such User Submissions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware of the United States of America without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Services shall be instituted
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Dispute”), the party asserting the Dispute shall first attempt to resolve the Dispute through good faith negotiations. Such negotiations shall commence by providing written notice to the other party describing the nature of the Dispute and the desired resolution.
If the parties are unable to resolve the Dispute through negotiations within a reasonable period of time, either party may initiate mediation. The parties agree to submit the Dispute to mediation administered by a mutually agreed-upon mediator. The mediation shall be conducted in accordance with the rules and procedures of the mediation provider chosen by the parties. The costs of the mediation shall be shared equally by the parties, unless otherwise agreed.
If the Dispute is not resolved through negotiation or mediation, the parties agree to resolve the Dispute through binding arbitration. The arbitration shall be conducted in accordance with the rules and procedures of a reputable arbitration organization mutually agreed upon by the parties. The arbitration shall take place in a mutually agreed-upon location. The arbitrator’s decision shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding the above, either party may seek equitable relief from a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access or use of the Services.
Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted in the federal or state courts located in the State of New York of the United States of America, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
ViewMind reserves the right to modify, amend, or change these Terms of Use at any time and at its sole discretion. Any updates or changes to the Terms will be effective immediately upon posting of the revised version on our website or through the Services. You are responsible for regularly reviewing the Terms to stay informed of any modifications.
ViewMind may provide notice of significant changes to the Terms by sending an email to the email address associated with Your account or by posting a prominent notice on our website or through the Services. It is Your responsibility to ensure that Your contact information is accurate and up to date.
By continuing to access or use the Services after the revised Terms have been posted, You agree to be bound by the updated Terms. If You do not agree to the updated Terms, You must discontinue Your use of the Services.
You acknowledge and agree that ViewMind’s posting of the updated Terms on its website or through the Services, or sending notice via email, constitutes sufficient and reasonable notice of the changes, and that it is Your responsibility to regularly check for any updates or changes to the Terms.
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