OpenMind Terms of Service
Last updated on April 10, 2019.
Welcome to OpenMind, a psychology-based educational platform designed to depolarize campuses, companies, organizations, and communities. We help people foster intellectual humility and mutual understanding, while equipping them with the essential cognitive skills to engage constructively across differences.
This Agreement may be modified by OpenMind in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by OpenMind on the Website (as indicated by the posted update date). Your participation in the Services and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered OpenMind account and please immediately stop participating in the Services and accessing and using the Website.
This Agreement is divided into the following sections:
- THE SERVICES
- CONDUCT AND AFFILIATES
- LIMITATION OF LIABILITY
- GOVERNING LAW
- ENTIRE AGREEMENT, SEVERABILITY & ASSIGNMENT
- THE SERVICES
A. Description of Services. The Services include providing informational and educational content on political, educational and psychological topics, interactive trainings.
B. No Guarantee. Although OpenMind works hard to provide quality Service, you understand and acknowledge that we cannot promise or guarantee specific results from using the Service or Service available on this Service.
C. Temporary Interruptions. You understand and agree that temporary interruptions of the Service may occur as normal events that are out of our control. You agree that the Service available on this Service are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- CONDUCT & AFFILIATES
A. Conduct Guidelines. Your use of the Service, is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Service. By posting information on the Service, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Service, you agree that you will not post comments, messages, links, code or other information that:
i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
vi. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Service, or attempts to gain access to other network or server via your account on this Service;
vii. impersonates any person or entity, including any of our employees or representatives.
B. No Endorsement. OpenMind neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Service. Although we do not pre-screen, police or monitor comments posted on the Service, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Service, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
C. Affiliate Services and Information. This Service may redirect or link to other services, or may otherwise include references to information, products or services made available by Affiliates. While we make every effort to work with trusted, reputable providers, from time to time such Services may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by Affiliates, nor are we responsible for errors or omissions in any references made on those services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Service or party by us, or any warranty of any kind, either express or implied.
A. Services Ownership. You acknowledge and agree that we own all legal right, title and interest in and to all other elements of the Services, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Services (collectively, the “OpenMind Materials”)). You acknowledge that the OpenMind Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All OpenMind Materials are the copyrighted property of OpenMind or its licensors, and all trademarks, service marks, and trade names associated with the Services or otherwise contained in the OpenMind Materials are proprietary to OpenMind or its licensors. Except as expressly set forth herein, your use of the Services does not grant you ownership of or any other rights with respect to any content, code, data, or other OpenMind Materials that you may access on or through the Services. We reserve all rights in and to the OpenMind Materials that are not expressly granted to you in these Terms. For the sake of clarity, you understand and agree: (a) that your purchase of the Services, does not give you any rights or licenses in or to the OpenMind Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the OpenMind Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any OpenMind trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
You may terminate these Terms at any time by discontinuing your access to and use of the Services. If you are participating in the online program, then please email email@example.com to terminate your account. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Services. You agree that any suspension or termination of your access to the Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Services or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2 through 16 will survive the termination or expiration of these Terms for any reason.
A. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO SERVICESLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (III) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT SERVICESLY TO YOU.
B. SECURITY RISKS. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
- LIMITATION OF LIABILITY
A. NO LIABILITY.YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. TOTAL LIABILITY. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. RISK. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
D. JURISDICTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT SERVICESLY TO PERSONAL INJURY CLAIMS.
You agree to hold harmless and indemnify OpenMind and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your use of the Services, (ii) your breach of these Terms, (iii) your misuse of the Services, or (iv) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that OpenMind will have control of the defense or settlement of any such claims.
We may make changes to the Services or the Agreement from time to time. When we make changes, the updated Agreement will be made available through the Services and update the “Last Updated” date at the beginning of this Agreement accordingly. Please check this Agreement periodically for changes. Any changes to the Agreement will apply on the date that they are made, and your continued access to or use of the Services after the Agreement have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Agreement, you must not access or use the Services.
- GOVERNING LAW
This Agreement is governed by the laws of the State of New York, USA, without regard to its choice of law or conflict of law provisions.
- ENTIRE AGREEMENT, SEVERABILITY & ASSIGNMENT
B. Assignment. This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. We have the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
C. Contact. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.