Last updated: May 2018.

Overview

Welcome to www.mindrglobal.com (the Site). The Site is operated by Mindr Inc., which works to create vibrant spaces for intellectual, professional, social and civic interconnection and growth, where crying babies are welcome. Throughout the Site, the terms “we”, “us,” “our,” and “Mindr” refer to Mindr Inc. Mindr offers this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We invite all visitors to, or users of, the Site to carefully review these Terms of Use (“Terms”) and the Privacy Policy before continuing to access or use the Site. Please click on the link to our Privacy Policy and review it. By accessing or using the Site or purchasing something from us, you engage in our "Service" and accept to be legally bound by these Terms. If you do not accept these Terms, you are not permitted to use the Site and you must discontinue access or use of the Site. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

These Terms provide for the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you. You can opt-out of this agreement to arbitrate by contacting sarah@mindrglobal.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.

Third-Party Tools, Services & Content

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third-party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Third-Party Products and Services

Any products and/or services offered by third parties you obtain as a Member or visitor (including without limitation through discounted goods/services or giveaways) are offered and/or sold by their third party creator, performer and/or brand. Mindr shall have no liability whatsoever in connection with these products or services.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Your Content & Information

content you submit

If you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Your Content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium Your Content. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to Your Content.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that Your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of Your Content. You are solely responsible for Your Content and its accuracy. We take no responsibility and assume no liability for Your Content or content provided by any third-party.

For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, irrevocable license to use any IP content that you post on or in connection with our site or Services for any purpose, in accordance with the settings on your account and the features of the Site and Services you elect to utilize. You agree that you will not post or share any sensitive personal data on the Site unless you agree to its use in accordance with our Privacy Policy. When you post Your Content on our Site, you acknowledge and agree that it will be publicly available and we or other users may replicate ideas and themes found in that content.

You are solely responsible for Your Content and the consequences of posting or publishing Your Content. By posting or publishing Your Content, you affirm, represent, and warrant that: (i) you are the creator and owner of Your Content, or have the necessary licenses, rights, consents, and permissions to authorize Mindr and other Mindr users of the Service to use and distribute Your Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Mindr, the Service, and these Terms; and (ii) Your Content, and the use of your Your Content as contemplated by these Terms, does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) cause Mindr to violate any law or regulation.

Events

If you attend a Mindr event, you also grant Mindr the right to use any photos, videos or audio taken of you or your dependents at the event for Mindr’s promotional and advertising purposes and otherwise on the Site and Services without compensation to you, and waive any rights of privacy, publicity, or any other similar rights you may have in connection with such photos, videos or audio.

PERSONAL INFORMATION

Your use of the Services and the information you provide to us there is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of data submitted to us through our Services. By using the Services, you agree to our use of cookies in advertising.

Use of Information

Your information may be used in different ways, including, but not limited to, the following:

We may contact you with updates, with our regular newsletter, and in connection with Your Content. You may opt out of our emails using the unsubscribe link in its footer any time.

We may use the information we gather on the Site, whether personal, demographic, collective or technical, for the purpose of operating and improving the Site, fostering a positive user experience, and delivering the services that we offer.

We may also use the information we gather to inform you of other products or services available from Mindr or our affiliated companies or to contact you about your opinion of current products and services or potential new products and services that may be offered.

Any feedback you submit becomes the property of Mindr, and such feedback (such as success stories) may be used for marketing purposes or to contact you for further information.

While Mindr encourages any third parties involved to adhere to our policies regarding the privacy of our members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from Mindr or independently. Nevertheless, in the event you encounter any third party associated with, or who claims association with Mindr, whom you feel is improperly collecting or using information about you, please contact sarah@mindrglobal.com.

Your Use of the Site

prohibited uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.

Intellectual Property

trademarks

The trademarks and service marks displayed on the Sites and Services are the registered and unregistered trademarks, service marks and trade dress of Mindr and its licensors. Mindr's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Mindr, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mindr. All other trademarks not owned by Mindr that appear on the Site or in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mindr.

copyright

Except for Your Content, all content included on or made available through any Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Mindr or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of Mindr and protected by U.S. and international copyright laws. If you wish to make use of the content on the Site, please reach out to sarah@mindrglobal.com.

Disclaimer of Warranties & Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The Site is delivered on an “AS-IS” and “AS AVAILABLE” basis. MINDR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In no case shall Mindr, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDR SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR (I) ANY LOSS OF OR CORRUPTION OR UNAUTHORIZED ACCESS TO DATA; (II) LOSS OF OR DAMAGE TO YOUR EQUIPMENT; (III) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE; OR (IV) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS MINDR’S LIABILITY TO YOU FOR FRAUD OR GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY MANDATORY PROVISION OF APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless Mindr and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of Mindr to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions.

Disputes

Any dispute, conflict, or claim arising from this agreement will be resolved by arbitration to take place in New York, New York before a single arbitrator under New York law.

Changes to Terms

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Contact

Questions about the Terms should be sent to us at sarah@mindrglobal.com.