Mento

Terms of Use for MentoMind Website

Welcome to Mentomind.com (the Website).  Mentomind.com is an informational website owned and operated by Innotrail, Inc., a Delaware corporation.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW.

Who Can Register

ONLY ADULTS LIVING IN THE UNITED STATES CAN USE THE WEBSITEIF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE, YOU CANNOT ACCEPT THIS AGREEMENT OR USE THE WEBSITE.  PLEASE GET YOUR PARENT OR GUARDIAN TO REGISTER FOR YOU.  ACCEPTANCE OF THIS AGREEMENT IMPLIES THAT YOU ARE OVER THE AGE OF CONSENT IN YOUR STATE AND/OR ARE CONSENTING TO ITS USE ON BEHALF OF YOUR MINOR CHILD OR CHARGE.

THE WEBSITE IS NOT INTENDED FOR USE BY NON-UNITED STATES CITIZENS AND THIS AGREEMENT CAN ONLY BE EFFECTIVE IF YOU ARE A CITIZEN OF OR LIVING IN THE UNITED STATES.   IF YOU ARE NOT A CITIZEN OF THE UNITED STATES, YOU CANNOT USE THE WEBSITE.

Email and Phone number Collection Agreement

By clicking “Next” or being the designated recipient of the specified parent email address or phone number, the parent (or in the case of a user who is not a minor, the user) hereby agrees to the following terms related to the collection of the user’s email address or phone number.

If the user of this website is a minor, that minor’s mother or father hereby consents to having the minor provide their email address or phone number to Innotrail, Inc., the provider of Mentomind, for the purpose of communication of learning progress and engagement. If the user of this website is not a minor, that user hereby consents to having the minor provide their email address or phone number to Innotrail, Inc., the provider of Mentomind, for the purpose of communication of learning progress and engagement. The user’s parent or the user represents and warrants that the provided email address or phone number is valid and belongs to the user.

Use of Email Address or Phone Number

Innotrail agrees that the email address or phone number collected from the user will only be used for the purpose of communicating with the user regarding their learning progress, updates, and information related to their use of Mentomind, and for no other purpose. Innotrail shall not sell, rent, or otherwise share the user’s information with any third party without the prior written consent of the user.
Example use of Phone Number/Email Address:

  1. Sending SMS/Email to remind student users about their pending assignments.
  2. Sending SMS/Email to prompt student to play a challenge quiz for extra practice

Privacy
Innotrail shall take reasonable measures to protect the security and privacy of the user’s email address and phone number and shall comply with all applicable privacy and data protection laws and regulations.

Termination
The user or his or her parents may withdraw their consent and request the deletion of their email address or phone number from Innotrail’s records at any time by providing written notice to Innotrail. Upon receipt of such notice, Innotrail shall promptly remove the user’s email address or phone number from the platform and cease any further communication with the user.

Intellectual Property                                                                                          

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Website Content) and all intellectual property rights to the same are owned by Innotrail, Inc. d/b/a Mentomind, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.


Website Access And Use
                                                                                         

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Except as expressly permitted in these Terms of Use, you may not: Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;  circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content; Use an automatic device (such as a robot, spider or AI) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Innotrail Inc. Notwithstanding the foregoing, Inntrail grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; solicit other users to join or become members of any commercial online service or other organization without our prior written approval; attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;  decompile, reverse engineer, or disassemble any portion of any the Website; use network-monitoring software to determine architecture of or extract usage data from the Website; encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.); violate U.S. export laws, including, without limitation, violations ofthe Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; and you agree to cooperate fully with Innotrail, Inc.to investigate any suspected or actual activity that is in breach of these Terms of Use.

USER REGISTRATION

In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Website. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create credentials that may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership.

WEBSITE CONTENT & THIRD-PARTY LINKS

We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

In some instances, Website Content will include content posted by a third- party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

VII.     INDEMNIFICATION                                                                                                            You agree to indemnify and hold harmless Innotrail and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

VIII.   DISCLAIMERS                                                                                                                 YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  INNOTRAIL INC. DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION ON LIABILITY  

UNDER NO CIRCUMSTANCES SHALL INNTRAIL, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN    CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF INNOTRAIL, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY INNOTRAIL DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.        

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

TERMINATION                                                                                                           

We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Innotrrail shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted            hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law,


AMENDMENT
                                                                        

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. Modifications to these Terms of Use will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes. Your access and use of any of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided herein or, if you do not have a Membership, your only recourse is to immediately discontinue the use of the Website.


PRIVACY STATEMENT

When accessing our Website, Innotrail will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you:

1.         The name of the domain from which you access the Internet;

 2.         The date and time you access our site; and

 3.         The Internet address of the Web site you used to link directly to our site.

If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. Inntrail uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, Innotrail uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.  Innotrail will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

California Privacy Rights                                                                     

Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: Innotrail, d/b/a Mentomind, at info@innotrail.com

CHOICE OF LAW

These Terms of Use shall be construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws rules.

MISCELLANEOUS                                                                                                                Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for Convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

These Terms of Use (including the Privacy Policy) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.