3i MIND Website Terms of Use and Privacy Policy

 

Last Revised: April 23, 2013

 

Thank you for visiting the 3i MIND website (the “Website”). 3i MIND Holdings Limited (“3i MIND,”, “we”, “us” or “our”) provides the Website to you subject to the following terms and conditions (these “Terms of Use”).

Please read these Terms of Use carefully before you continue to use the Website or submit any information to us through the Website. Your use of the Website in any form and/or your submission of any information through the Website constitutes your agreement to be bound by these Terms of Use without limitation or qualification. IF YOU ARE NOT WILLING OR ABLE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE WEBSITE AND DO NOT SUBMIT ANY INFORMATION TO US THROUGH THE WEBSITE.

 

Modifications to Terms of Use

We may modify these Terms of Use from time to time based on changes to the Website, in response to changes in law or for any other reason. Modifications shall be effective immediately upon being posted on the Website. You should read these Terms of Use whenever you visit the Website so that you are aware of any modifications. Your use of the Website after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified. You can tell that these Terms of Use have been updated by checking the last revised date posted on the top of this page.

 

Proper Use of the Website

Subject to the terms and conditions of these Terms of Use, we hereby grant you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Website solely for purposes of reviewing content and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Website or any Website Content (as hereinafter) without our prior written consent.

You may not use the Website in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Website and the Website Content only through the user interface provided by us. You agree to use the Website, the Website Content and the services only for their intended lawful purpose and in accordance with all applicable laws and these Terms of Use.

You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about 3i-MIND users or posting private information about a third party. You agree not to collect or “scrape” any Website Content or other information from the Website, whether by use of “webcrawlers”, “bots” or other electronic means, for any purpose, including, but not limited to, commercial use of such content or information. You agree not to interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.

You understand that by using the Website, you may be exposed to content that you find offensive or objectionable. Your use of the Website constitutes your acknowledgment that you bear all risks associated with your use of the Website.

 

Links to Third Party Sites

The Website may contain links to sites owned and operated by other parties. By clicking on or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links, made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We are not affiliated with, and do not endorse or sponsor, any such third party website or any product or service of any such third party.

 

Ownership of Content

As between us and you, we own all rights to the Website and all elements of the Website (including, but not limited to the content, databases, text, photographs, names, marks, logos, design interface and layout, the “look and feel” of the Website, selection and arrangement of elements and software code, collectively, the “Website Content”). Unless otherwise indicated, the Website Content is owned by us or our licensors. The posting of any Website Content on the Website does not constitute a waiver of any of our rights in such Website Content and your access and use of the Website will not operate to transfer any of our rights in such Website Content to you other than as expressly stated in these Terms of Use.

 

Trademarks

“3i MIND” and other related marks indicated on the Website may not be used or displayed without our prior written consent. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners. No right, title or interest in any trademarks, service marks or company names and logos appearing on the Website is transferred to you as a result of your use of the Website.

 

Disclosure for Users in Countries Outside of the United States

The Website is offered from the United States. We make no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access (including, without limitation, laws governing the use of encryption and the transmission of data across international boundaries, into prohibited countries. ACCESS TO THE WEBSITE AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE, IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

 

Children Under 18

By using the Website, you represent that you are 18 years of age or older. If you are under the age of 18, you are not permitted to use the Website.

 

Privacy

We recognize and respect the privacy expectations of our clients and users of our Website. BY VISITING THE WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE OR THAT WE COLLECT, IN ACCORDANCE WITH THESE TERMS OF USE.

 

Collection and Disclosure of User Information

We collect and retain two types of information about Website visitors: (i) personal information that individual visitors voluntarily provide (such as via forms or in emails) and (ii) tracking data, which is automatically collected from every Website visitor and recorded on our log files (collectively, “Information”). The Information that we gather may include your name, title, address, telephone number, email address as well as other elements of personal information.

In addition, if you contact us by mail, voice, email or any other form for transmission, we may keep a record of your correspondence, including any Information contained therein.

The tracking data may include certain data about your use of the Website so that we may collect information regarding the number and frequency of visitors to the Website, the websites that users access before and after they visit the Website, the Internet browsers used by visitors, visitors’ IP addresses and other non-personally identifiable information. Such information is aggregated and will not be tied to you in any personally-identifiable manner other than your IP address. We may use your IP address to help diagnose problems with our server and to administer the Website.

The Information you may provide to us is used for reasonable business purposes and the purpose for which you provided it, including, without limitation, to respond to your request or correspondence. The Information may also be analyzed so that we can (i) serve you in the best manner possible on the Website through new features and functions and (ii) provide you with useful information.

We may employ outside agents or third-party service providers to operate the Website and employ others to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data. These third parties may have access to personally-identifiable information needed to perform their functions. While we seek to limit third-party use of Information, we are not responsible for such third-party use of Information that is not in compliance with these Terms of Use.

We may disclose your Information to affiliated and non-affiliated third parties: (i) as authorized by you, (ii) to the outside agents and third-party service providers described in the previous paragraph, (iii) as permitted by applicable law, (iv) as required by applicable law, (v) to enforce these Terms of Use, (vi) to protect the rights, property, security or safety of 3i MIND, Website users or the public or (vii) as otherwise stated in these Terms of Use. We may also share or transfer all Information in the event of a merger, acquisition, sale, joint venture, or reorganization involving our business. You hereby authorize us to disclose your Information in those circumstances.

We retain Information for as long as is required, allowed or we believe to be useful, but we are not otherwise obligated to retain Information for any period of time. Subject to applicable law, we may dispose of your Information in our discretion without notice.

 

Security of User Information

We take reasonable precautions to protect your Information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your Information. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your Information. In addition, because Internet communication is unsecure, it is also possible that the information you supply to us or your access of any information via the Website will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data or information.

 

Correcting or Updating Personal Information

In the event we collect any personal information about you and your personal information changes, we will correct, update, or remove any data you have previously provided to us. You may change your personal information at any time by sending us an e-mail at contactus@3i-mind.com. We may retain a copy of the prior version for our records.

 

Disclaimer of Warranties

The Website is subject to periodic update and revision. We reserve the right, in our sole discretion, without any obligation and without any notice, to change, modify or delete the information, materials and descriptions on the Website and to suspend or deny access to it. We may discontinue or change any product or services described on the Website at any time. Materials should only be considered current as of the date of initial publication, without regard to the date on which you may access the information.

You expressly acknowledge and agree that:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

(b) WE DO NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS OR THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARDING PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT 3i MIND OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION (EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES)) ARISING OUT OF ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES USING THE WEBSITE. IN NO EVENT WILL WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, INAUTHENTICITY OR OTHER DEFECTS IN THE INFORMATION CONTAINED AND MADE PUBLIC BY THE WEBSITE. WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE (INCLUDING ALTERATION) OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR TRANSMISSIONS OF DATA. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

Waiver of Jury Trial

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

 

Applicable Law

By visiting or using the Website, you agree that the laws of the State of New York, without regard to principles of conflicts of law, will govern these Terms of Use and any dispute of any sort that might arise between you and 3i MIND. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

Indemnification

By utilizing the Website, you agree to indemnify, defend and hold us and all of our officers, directors, employees, agents, service providers, and licensors (collectively, the “3i MIND Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any 3i MIND Party arising out of your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of the rights of any other person or entity arising from or relating to, whether directly or indirectly, your use of the Website.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or delivering them to you through any email address that we may have for you. We cannot be held liable if we fail to notify you via mail or email. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or it will be forever barred. These Terms of Use, and all terms, conditions, and policies that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and 3i-MIND and govern your use of the Website, superseding any prior agreements that you may have with us. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in full force and effect.

 

Contacts

Thank you for visiting the Website. Please contact us at contactus@3i-mind.com if you have any questions about the Website or these Terms of Use.