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Terms of Service & Copyright Notice

The following Terms of Service ("TOS") govern use of this web site (the "Service.") Please read them carefully. By using the Service, you agree to abide by these terms and conditions.

Membership: The Service is provided to individuals who are at least 18 years old and minors who have parental consent to use the Service ("Members.") The Service is offered by HigherMind.net ("We", "Us" and "Our") at its sole discretion. We reserve the right to alter, suspend, or terminate the Service, and to decline, restrict, modify, suspend or terminate any Member's account or use of the Service at any time and for any reason at our sole discretion.

Privacy Policy: We do not sell or trade our mailing lists and will not divulge your address, telephone number or other Personal Identifying Information to advertisers, sponsors or other non-related third parties except where such disclosure is required by law or is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; or (c) protect our rights, property, or personal safety, or that of our users and the general public.

Registration Information: In consideration of your use of the Service, you agree to: (a) provide true, accurate, and current information about yourself on the Service's registration form and (b) maintain and promptly update your registration data to keep it current. If you provide any information that is inaccurate or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, we may suspend or terminate your account and may limit or refuse current or future use of the Service.

Copyright: All content, including text, graphics, audio-video clips, and other material on this website is copyright by HigherMind.net or the respective owners of such content unless indicated otherwise. All rights reserved.

Proprietary Content: By using or continuing to use this website, you acknowledge that all content on this website, including but not limited to all text, graphics, sounds, music, software and video files herein ("Content") is protected by copyright, trademark, patent, or other proprietary rights and laws. You may make a single copy of the Content on magnetic medium (i.e., hard disk or floppy disk), and a single "hard copy" printout of the Content, if desired, for personal, noncommercial use only, provided that you keep all copyright notices intact and do not alter such copies in any way. You may not otherwise copy, transmit, modify, reproduce, upload, republish, or distribute this Content in any manner without our written consent.

Trademarks: Logos and/or service names appearing on this website may be our registered or unregistered trademarks or service marks and may not be used in connection with any product or service that is not ours, in any manner that reflects unfavorably on us, or in any manner that is likely to cause confusion among our users or the general public.

Netiquette: By participating in bulletin boards, chat rooms, and other discussion venues on this website which are accessible to Members and/or the general public, you agree that you will not:

  • defame, abuse, harass, intimidate, annoy, or threaten any other person;

  • make bigoted, hateful, vulgar, obscene, racially offensive or discourteous statements, or post any such comments or materials;

  • interfere with another person's use and enjoyment of the Service;

  • advocate illegal activity of any kind or discuss illegal activities with the intent to commit them or incite others to do so;

  • post any material that contains a computer virus, pirated music, videos, or software, copyrighted material (unless you have the copyright owner's express consent), or violates any right of any third party or any law, including intellectual property laws;

  • spam or in any manner solicit any person, or post commercial advertising of any kind, unless such materials are expressly authorized by us.

Messages and other materials posted by Members or the public on bulletin boards, in chat rooms, or elsewhere on this web site may be edited or deleted at our sole discretion.

Discussion Boards: Ongoing discussion occurs on various forum discussion boards. These boards are not "free speech" zones and are subject to moderation just as you would expect the blackboard in a traditional classroom to be managed by an instructor. You acknowledge and agree that complaints, insults, advertising or solicitations of any kind, political or moral rants, provocative or disruptive remarks, and off- topic messages are not permitted. Also, you should use discretion and common sense when posting messages: never divulge your telephone number, work or home address, credit card numbers, or other confidential information on a public forum at our website or anywhere else on the Internet.

You agree that you will not post copyrighted material of any kind on any of our forum discussion boards unless you have the copyright owner's express written permission to do so. The appropriate way to share a useful resource with fellow users is to post the URL where the material can be found and a brief description of the resource so other users can browse that information.

Consent and Release: By corresponding with us or our staff, or by posting comments, suggestions, or other writings and content of any kind on forum discussion boards, or by transmitting such Content to us by email, fax or by any other means, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, transmit, perform and display such Content worldwide, in whole or part, and to incorporate such content in other works in any form, media or technology now known or later developed without any compensation to you whatsoever. Notwithstanding the foregoing, you retain full copyright interest in and sole, exclusive ownership of all homework papers, essays. graphics and any other original Content which you create and subsequently post on our forum discussion boards: you are only granting us a nonexclusive right to use this material and only in the manner herein described. You may edit, revise, repost, adapt, or publish such original Content on your own website or elsewhere, and in any form or venue you wish without restriction.

Refunds and Chargebacks: Membership and registration fees are nonrefundable processing charges; however, if you are dissatisfied with any service that we provide, you may request a one-time courtesy refund. In consideration of this guaranteed refund policy, you agree to refrain from initiating credit card chargebacks or stop payments on checks and that doing so will result in a $50 penalty fee being assessed to your account for each such occurrence.

Limitation of Liability: We make no representation that Content on this site is appropriate or authorized for use in all countries, states, or other jurisdictions, or that the Service will meet your requirements. We do not warrant or represent that the Content is accurate, complete, correctly sequenced, timely, or reliable; or that the Service will be uninterrupted or error free or software defects, if any, will be corrected. The Service is provided on an "AS IS" and "as available" basis. To the full extent allowed by law, we disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. You expressly agree that use of the Service is at your own risk. Any Content downloaded or otherwise obtained through the Service is at your own initiative and you are solely responsible for any damage to your computer system or loss of data resulting from such Content. You further agree that we are not responsible or liable for any illegal, offensive, obscene, threatening, or defamatory content or conduct of any other party(ies), or any infringement of another's rights, including intellectual property rights.

Under no circumstances, including but not limited to negligence or breach of contract, will we or any related party(ies) be liable for any direct, indirect, incidental, punitive, or consequential damages (including lost profits) arising from your use of the Service, or any omissions, errors, or defects in the Service or the Content, even if we have been advised or is aware that such conditions may exist. In no event and under no circumstance shall we aggregate liability to you or any other third party for any loss, damage or claim arising out of the Service which exceeds the total amount paid by you to us, if any, for the Service.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case some or all of the foregoing provisions may not apply to you.

Indemnification: You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any and all losses, actions, suits, controversies, proceedings, demands, claims or causes of action of any kind whatsoever, whether by formal or informal proceeding, or by letter, brought or asserted in any manner, and all losses, claims, liabilities, costs, interest, penalties, expenses and damages whatsoever (including reasonable attorneys' fees and costs of suit, whether incurred before, during, or on appeal of any trial, arbitration, or bankruptcy proceeding), regardless of cause or responsibility for negligence and whether or not caused by you, us, or others, related to or arising, directly or indirectly, from your use or inability to use the Service.

Updates: We reserve the right to change the TOS at any time and to notify you by posting an updated TOS on our web site. Any use of the Service by you after such update shall be deemed to constitute irrevocable acceptance by you of such amendments, modifications, or new conditions.

Termination: You, or we, may terminate the Service at any time, with or without cause, and effective immediately. In addition, at our sole discretion, we may terminate your account for: (1) violation of the letter or spirit of the TOS; or (2) if any information that you provide to us is inaccurate. Upon termination of the Service, you agree to immediately discontinue use of the Service and destroy all Content and materials obtained from it.

General: This agreement shall be governed by and construed under the laws of the state of Wyoming without effect to any principles of conflicts of law. You and we mutually agree to submit to the exclusive jurisdiction of the courts located in the state of Wyoming. If any provision of this agreement is held by a court of competent jurisdiction to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all remaining provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision hereunder shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any rights not expressly granted herein are reserved.

You and we mutually agree that any cause of action arising out of or related to this Service must commence within one year after the cause of action arose; otherwise, such action is permanently barred.

©2009 HigherMind.net