Website Terms and Conditions
WHAT IS PERSONAL INFORMATION?
Personal Information includes any information that may be used to identify an individual, such as a first and last name, a home or other physical address, a telephone or facsimile number, an email address and/or other contact information. We may need to obtain or you may choose to provide us with your Personal Information in order to process purchases and requests, permit your access to our Sites and Services, and/or to provide you with information regarding our Sites or Services.
WHAT PERSONAL INFORMATION DO WE GATHER/TRACK?
We request or obtain Personal Information when you register an account with us, submit information about yourself to us, request information about services, request a service, correspond with us or engage in certain other activities through our Sites. You make the decision whether to proceed with any activity that requires Personal Information. If you do not wish to provide the requested information, however, you may be unable to complete the matter. When you register an account, you will be required provide us with Personal Information such as your name, physical address, email address, other contact information and demographic information in order to utilize our Sites and Services. You may also provide your payment information, including your credit or debit card number, card expiration date, CVV code, and billing address (collectively, “Payment Information”) to complete a commerce transaction on through the Services. To facilitate future purchases on the Services, at your election, we may store your Payment Information, excluding CVV code, which you can remove from your account at any time using your account settings. We consider your Payment Information private and do not make such information public. We collect and store information created by your purchases made on through the Services. We may establish user profiles for the purposes of interacting with others through our Sites, posting comments or for other purposes. Your name (but not your email address) and additional Personal Information that you choose to add to your user profile may be publicly available. For example, if you post comments on our Sites and include Personal Information in the comments, this Personal Information may be searched by search engines and republished. By using the Services, you may further choose to disclose optional information, which MindWires will use to improve the Services and/or make the Services a richer community experience. Such optional information may include “social” information such as your photo, title, personal website, bio, location, gender, age, and other demographic information, or business demographic information such as software or system usage rates, agreement terms, and user statistics. Certain optional information you choose to provide may also be made publicly available and may be searched by search engines and republished.
WHAT DO WE DO WITH THE INFORMATION WE GATHER/TRACK?
We often use your Personal Information to provide you with information about new services, informative emails, and research on future service ideas or improvements. Additionally, we use Personal Information to allow you to obtain access to our Sites and Services, information about services or otherwise engage in other activities you select. We share your Payment Information with payment services providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards. We may share your credit or debit card number with payment services providers, or third parties authorized by them, to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.
THIRD PARTIES WITH WHOM WE MAY SHARE PERSONAL INFORMATION
MindWires provides a number of ways for you to “opt-out” of receiving additional information from us or having us provide your Personal Information to our partners and outside contractors. We may offer you these choices at the time you give us your information. Users who no longer wish to receive our promotional communications may opt-out of receiving these communications by replying to an email communication and writing “unsubscribe” in the subject line of the email or by emailing us at firstname.lastname@example.org.
COOKIES AND OTHER TRACKING TECHNOLOGIES
DO NOT TRACK SIGNALS
LINKS TO BUSINESS PARTNERS AND CO-BRANDED SITES
CHILDREN AND PRIVACY
Our Sites and Services do not target and are not intended to attract children under the age of 13. MindWires does not knowingly solicit Personal Information from children under the age of 13 or send them requests for Personal Information.
To the extent that you do provide us with Personal Information, MindWires wishes to maintain accurate Personal Information. Where we collect Personal Information from you on our Sites, our goal is to provide a means of contacting MindWires should you need to review, update or correct that Personal Information. If for any reason those means are unavailable or inaccessible, you may send updates and corrections about your Personal Information by email to email@example.com and we will make reasonable efforts to incorporate the changes in your Personal Information that we hold as soon as practicable.
CHANGES TO THIS POLICY
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of MindWires who are California residents to request certain information regarding MindWires’ disclosure of Personal Information to third parties for their direct marketing purposes. To request such information, please contact us using one of the options listed above under the heading “Contact Information.” Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to separate legal entities for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these entities. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this paragraph.
Terms of Service and Copyright Policy
Welcome to the Internet sites and services provided by MindWires LLC. MindWires LLC provides subscription-based services, websites, including mobile version of the websites, (collectively, the “Sites”), software we may make available through the Sites (if any) (“Site Software”), and software we may make available for mobile devices (e.g. iPhone or Android applications) (if any) (“Mobile Software,” and, collectively, the “Services”). These Terms of Service govern your access and use of all such Services provided by MindWires LLC, and all of its subsidiaries, affiliates, brands and entities that it controls, including MindWires Consulting (https://www.mindwires.com) and PhilOnEdTech (https://philonedtech.com) (collectively “MindWires,” “we,” or “our”). Please read these Terms of Service carefully.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.mindwires.com. MindWires may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Sites and Services, including users who are also contributors of Content to the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. The Services include all aspects of MindWires, including but not limited to all services offered via the Sites, including the Subscription Services (as that term is defined below).
The Services may contain links to third party websites and advertisements that are not owned or controlled by MindWires. MindWires has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MindWires will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve MindWires from any and all liability arising from your use of any third-party website.
2. Permitted Use of the Services
MindWires grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to i) use the Services solely for your personal, non-commercial purposes; ii) install and use Site Software (if MindWires makes any available) and iii) install and use all Mobile Software solely on your handheld mobile device (if MindWires makes any available). Your use of any Mobile Software may be governed by separate terms and conditions and you agree to all applicable terms of service.
MindWires hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that:
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use, copying, disassembly, reverse compilation or reverse engineering of any Site Software or Mobile Software;
- Except to the extent such actions are permissible by Subscribers (as that term is defined below), you agree not to copy, reproduce, distribute, transmit, broadcast, display, resell, license, or otherwise commercially exploit any Services for any other purposes without the prior written consent of MindWires. All copyright and other proprietary notices on any Services content must be retained on any copies;
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” on the Services;
- You agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data;
- You agree not to post, display or transmit any user content that violates any third-party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or propriety right of a third party;
- You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, blog posts, private messages, email) for any commercial solicitation purposes;
- You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content;
- In your use of the Services, you will comply will all applicable laws.
MindWires reserves the right to modify, suspend or discontinue any aspect of the Services at any time with or without notice.
3. MindWires Subscriptions
As part of the Services, MindWires offers users a fee-based subscription account (the “Subscription Account”) pursuant to which users are granted certain additional rights, including, but not limited to, access to certain reports compiled and generated by MindWires (the “Subscription Services”). Users with a Subscription Account (hereinafter, “Subscribers”) are granted, during the term of their Subscription Account, a limited, revocable, non-exclusive, non-transferable license to access the MindWires’ Subscription Services and view such reports. MindWires further permits Subscribers to download, copy, reproduce, transmit and distribute such reports within and among Subscriber’s organization; provided, however, that any and all copyright and other proprietary notices contained thereon are to be retained on all copies and/or reproductions.
A. Subscription Terms
i. Ongoing Subscription. Your Subscription Account will continue on annual basis unless and until you cancel your subscription or your account is terminated in accordance with these Terms of Service. In order to obtain a Subscription Account, you must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). You must cancel your subscription before it renews each year in order to avoid the billing of the annual subscription fee to your Payment Method.
ii. Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time and in our sole and absolute discretion.
i. Recurring Billing. By signing up for a Subscription Account and providing or designating a Payment Method, you authorize us to charge you an annual subscription fee at our then current rate, and any other charges you may incur in connection with your use of the Subscription Account to your Payment Method. You acknowledge that the amount billed may vary from year to year for reasons that may include differing amounts due to promotional offers, changes or additions to the plan, or report purchases outside the scope of your Subscription Account, and you authorize us to charge your Payment Method for such varying amounts, which may be billed annually in one or more charges.
ii. Price Changes. We reserve the right to adjust pricing for Subscription Accounts or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in the Terms of Service, any price changes to your Subscription Account will take effect following email notice to you.
iii. Billing Cycle. The subscription fee for our Subscription Accounts will be billed at the beginning of your subscription and on its anniversary date thereafter unless and until you cancel your subscription or your subscription is otherwise terminated. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in the following year (i.e., Leap Day), we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Subscription Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at https://www.billingportal.com/s/mindwires-llc/login/password. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing date. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your Subscription Account at any time, and you will continue to have access to the Subscription Services through the end of your annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR SUBSCRIPTION PERIODS. To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “My Account” page.
4. MindWires Accounts
In order to access certain features of the Services, you may have to create a MindWires account. You may never use another’s account without permission. When creating your account, you must provide accurate and truthful information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use another user’s account or allow another user to use your account. You must notify MindWires immediately of any breach of security or unauthorized use of your account.
Although MindWires will not be liable for your losses caused by any unauthorized use of your account or your failure to comply with the above requirements, you may be liable for the losses of MindWires or others due to such unauthorized use.
“Content” includes the text, information, statistics, data, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services (to the extent the submission of Content is enabled). Content is provided to you AS IS. You may access Content for your informational and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that MindWires is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MindWires with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MindWires, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. MindWires is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of your Content if you desire.
You understand that MindWires does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to MindWires all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Service. You acknowledge and agree that MindWires may display advertisements, product and service offers and deals and other information with Content and that you are not entitled to any compensation for such advertisements.
For clarity, you retain ownership of Content submitted by you. However, by submitting Content to MindWires, you thereby grant MindWires a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and MindWires (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
You further agree that Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MindWires all of the license rights granted herein.
MindWires does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MindWires expressly disclaims any and all liability in connection with Content. MindWires does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and MindWires reserves the right (but has no obligation) to review any Content, investigate, and/or take appropriate action in our sole discretion (including the removal of all Content) if properly notified that such Content infringes on another’s intellectual property rights. MindWires reserves the right to remove Content without prior notice.
6. Copyright Policy
It is MindWires’s policy, in appropriate circumstances and at its sole discretion, to disable and/or terminate the web pages or accounts of users of the Site who may infringe the copyrights or other intellectual property rights of MindWires and/or others. Pursuant to 17 USC Section 512 as amended by Title II of the Digital Millennium Copyright Act, MindWires has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed, please send a notice to our designated agent (information below).
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement. Our DMCA Registered Agent is:
Attn: Copyright Agent
4041 Soquel Drive, Suite A-172
Soquel, CA 95073
7. Account Termination Policy
These Terms of Service will remain in full force and effect while you use the Services, unless otherwise terminated. MindWires will suspend a user’s rights to use the Services or terminate a user’s access to the Services (including Subscription Services) if, under appropriate circumstances and at MindWires’ sole discretion, the user is determined to be in violation of these Terms of Services. Any termination of a user’s account involves deletion of the Content associated therewith from our live databases and MindWires will have no liability in connection therewith.
You agree not to hold MindWires liable for the Content, actions, or inactions of other users. As a condition of access to the Services, you release MindWires (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not MindWires becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
9. Compliance with Laws
You agree to comply with all applicable federal, state and local laws
and regulations n connection with your use of the Services.
At MindWires’ request, you agree to defend, indemnify and hold
harmless MindWires, its officers, directors, shareholders, employees,
subsidiaries, and agents from all damages, liabilities, claims and
expenses, including, without limitation, attorneys’ fees and costs,
arising from: (i) any breach or alleged breach by you of these Terms of
Service, including without limitation your representations and
warranties relating to your Content; or (ii) your acts, omissions or use
of the Services, including without limitation your negligent, willful
or illegal conduct. We reserve the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with our defense of such claim.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDWIRES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MINDWIRES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS SITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO ITS SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MINDWIRES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MINDWIRES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL MINDWIRES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE MAXIMUM LIABILITY OF MINDWIRES ARISING OUT OF OR IN ANYWAY CONNECTED TO THESE TERMS OF SERVICE OR THE SERVICES SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE OR THE SERVICES
13. Entire Agreement
14. No Use by Children Under 13
You hereby affirm that you are over the age of 12, as the Services are not intended for children under 13. If you are under 13 years of age, then you may not use the Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
15. Governing Law
These Terms of Service are made and entered into in the State of California and shall be governed by, interpreted, enforced and construed in all respects in accordance with the laws of the State of California, excluding its conflict of laws rules. The language of all parts of these Terms of Service shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purposes of litigating all such claims or disputes. Notwithstanding the foregoing, MindWires may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.