When the term “You” or “Your” is used this Agreement, it means the adult parent or guardian representing the minor who will be using the Website and the minor on whose behalf the parent or guardian has accepted the Agreement. By accepting this Agreement, the adult parent or guardian is agreeing on their behalf and on behalf of the minor he or she represents to abide by the terms of this Agreement.
Any person over the age of majority in their state may visit and use the Website after registering or paying for extra features. If you are under the age of majority in your State, you cannot use the Website or accept this Agreement.
Registration and Membership
Registration at the Website consists of providing basic information necessary to create an account and receive login credentials. When You register, You become a “Member” of the Website and have a “Membership.” By registering at the website, You agree on Your behalf and on behalf of the minor whom You represent, to accept the terms of this Agreement. 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.
You are responsible for safeguarding and maintaining the confidentiality of Your Membership information. 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.
Your Membership is exclusive to You. You are not permitted to share Your Membership credentials with any other person at any time. You agree that Innotrail may from time to time monitor Your authentication at the Website to ensure that no third parties are using Your Membership credentials. Sharing, copying, distributing, publishing, or otherwise enabling a third party to use Your Membership credentials will be considered a material breach of this Agreement and, except in cases in which the use of Your Membership credentials has not been permitted or unauthorized by You, Innotrail will have the right to immediately terminate access to the Website using those Membership credentials, and shall have no obligation to refund any or all of the payment amount You paid for access.
Upon or after registering at the Website, You or a tutor acting on behalf of the minor You represent may optionally pay a one-time fee to access extra features on the Website. The duration of Your access to the Website and its extra features is defined at the time of purchase. When You use Your credit card to pay for access, You allow Innotrail to charge Your card and agree to the payment terms, either for Yourself or the minor You represent. Your access to the extra features of the Website starts immediately after Your card is successfully charged and lasts for the duration specified at the time of purchase.
Innotrail can adjust the prices for extra features provided at the Website access at its discretion and is not obligated to modify or refund any part of the price You paid. ALL SALES ARE FINAL. Once Your purchase is made and access is granted, there are no refunds for any reason. Continued access to the Website and its extra features is governed by this Agreement, and Innotrail can terminate this Agreement and Your access if You materially breach its terms.
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 this Agreement, You shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in this Agreement 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 this Agreement, 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 this Agreement, 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 preceding, Innotrail 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 of the 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 this Agreement.
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.
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 this Agreement; (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.
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 INNOTRAIL, 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 THIS AGREEMENT. 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.
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 this Agreement. You agree that Innotrail 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 this Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of Your Membership or this Agreement 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.
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 this Agreement. Modifications to this Agreement 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 this Agreement and the Website from time to time for any changes. Your access and use of any of the Website following any modification of this Agreement 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 this Agreement, 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.
When accessing our Website, Innotrail will learn certain information about You during Your visit. How we will handle the 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:
- The name of the domain from which You access the Internet;
- The date and time You access our site; and
- 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. Innotrail 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 Website 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.
We do not store any credit card information or any personally identifiable information other than Your username and password in our systems. We transmit payment information to the payment processor using an encrypted connection. If You provide other personally identifiable information — such as Your name, telephone number, or address — to us via email or other methods, we will retain this information in our systems only for purposes of communicating with You concerning the matter for which You contacted us.
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 email@example.com.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws rules. Any disputes arising from or relating to this Agreement or Your use of the Website shall be resolved in the federal or state courts located in Philadelphia, Pennsylvania, and You agree to submit to the exclusive jurisdiction and venue of such courts.
This Agreement constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between us with respect to such subject matter.
You may not assign this Agreement 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.