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TERMS OF USE
BY ACCESSING OR USING OR DOWNLOADING OR INSTALLING, REGISTERING OR OTHERWISE USING THE APPLICATION, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF USE CONSTITUTES A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND THE COMPANY. WHILE USING THE APPLICATION, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THE APPLICATION. BY USING OR INSTALLING THE APPLICATION, YOU DE-FACTO AGREE TO THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS IN AGREEMENT, DO NOT USE OR INSTALL THE APPLICATION. ll
DEFINITIONS
"Application" or "App" or "Mind Vector" means a Web based mind mapping Product or software application developed in the name 'Mind Vector' by the Company.
"Services" means and includes services provided by use of Application; "Use" or "Using" means to browse, access, view, install, download, upload, use, purchase or otherwise benefit from using the Application.
"User" or "You" or "Your" means any person who browses, accesses or uses Website and Application for his own purpose or on behalf of someone else and includes any legal entity. "User Data" means any data, information, documents or material relating to the User. "Website" means https://www.mindvectorweb.com/ and all sub-domains, web-pages appearing, appended, available along with this Website.
"We", or "Company", or "us" or "our" means i2e Consulting LLC having its Office at 567 Vauxhall Ext., Unit 219 Waterford, CT 06385
APPLICATION USE
User is hereby allowed to Use Application subject to acceptance of the terms and conditions of this Agreement.
If you, as an individual, utilize the Services provided on the Application on behalf of a company or legal entity, you represent that you have the authority to bind such entity to this Agreement. It is your sole responsibility to determine whether your use of the Application is lawful, and you must comply with all applicable laws while using the Application. Company shall not be under any obligation to verify your authority, on behalf of a company or a legal entity, for the use of Services.
User has discretion not to use the Services, so in terms of User's use of the Services, despite the right and power not to use, it is construed that the User has accepted the Agreement.
User represent and agrees to have read, understood and conveys acceptance that he is bound by this Agreement every time the User uses the Website and/or Services and/or Application and by clicking a box, indicates you agree to the Service, where such a box is made available to you. User understands that it is User's responsibility to check this Agreement carefully before Use of the Application and/or Services and be aware about the changes, amendments effected to this Agreement from User's preceding Use of Services. User acknowledges and understands that User has discretion not to use the Application.
USER ACCOUNT
Each User is entitled to register with Company only once. The User shall download the Application from the Website. The Application can be used or accessed by the User through the Website from mobile phones, tablets, laptops, desktops or any other electronic devices ("Device"). Subject to availability of hardware, software specifications and connectivity of the Device, and subject to other prerequisites as provided in this Agreement, the App, shall connect to the User's Device.
In order to Use the Application the User must complete the registration on the 'Register' page. User will be required to register and create an account with the user ID and the password (collectively "Account") for the Use of Application. The User is obliged to refrain from using any pseudonyms or pen names. User agrees that any registration information provided by the User will always be accurate, correct and complete. By using the App, the User shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under your Account. We solely reserve the right to accept or reject application without obligation of explanation.
The User shall choose a password upon registration. The User is obliged to keep this password secret. Company shall not disclose the password to any third party.
The Account information provided during the registration is stored by the Company, so that the User need not log-in every time into the Account for the Use of the App. In case the User forgets his password, on request, the Company will send a new password at the email Id provided by the User during the registration.
By completing the registration process, User consents to enter the Agreement to use the Services and/or Application. Company accepts this offer by activating the membership for the use of Application and/or Services.
The Website offer two options: a) a free membership with a limited feature set ("Free Membership") and b) several paid memberships with more advanced feature set ("Paid Memberships").Details about the applicable fees for the Free Membership and Paid Membership Editions are given on the Website. The fees listed on Website are binding. Payments for the Paid Membership Editions shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems including but not limited to Paypal. If Company is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.
Any use of the services and contents offered on the Website beyond the scope of options provided in Application or on Website requires the prior written consent of Company.
Company shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these Agreement. Company is entitled to remove any illegal or prohibited data and/or information from Company Website without prior notice to the User.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Website and/or Services and/or Application. Company shall nonetheless endeavor to keep Website available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Company's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Website. The Company reserves a right to prevent you from using the App and to prevent you from making any transaction on the App.
The User may cancel registration for the Free Memberships and Paid Memberships without stating a reason. Furthermore, the User may cancel registration for the Free Memberships or Paid Membership in writing by email within two (2) weeks without stating a reason, after changing from Free Membership to a Paid Membership. The two-week period begins when Free Memberships or Paid Membership is activated by Company.
In the event of a valid cancellation of a Paid Membership, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition to Company, then the User must reimburse Company for the corresponding value.
OBLIGATIONS OF THE USER
User shall comply with all applicable legislation, and respect all third-party rights.
In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or Company personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
The User is prohibited from the following:
Employing any mechanisms, software or scripts when using Website. However, the User may use the Application provided by Company within the scope of the Services available on the Website.
Blocking, overwriting, modifying and copying of any contents of the Website, unless said actions are necessary for the proper use of the services on the Website.
Distributing or publicly disclosing the contents of any of the Web sites of Company or any other user
Performing any actions which may impair the operability of Application's infrastructure, particularly actions which may overload said infrastructure.
COMPATIBILITY
User understands, acknowledges and agrees that it is the User's responsibility to check whether necessary software, specifications are available in User's Device for the Use of Application and/or Services. Company does not warrant that the Application will be compatible with Your Device or any other piece of hardware, software, equipment or device installed on or used in connection with Your Device.
Furthermore you acknowledge that compatibility problems can cause the performance of your Device to diminish or fail completely, and any result in permanent damage to your Device, Company will not be responsible for loss of data located on Your Device and corruption of the software and files located on your Device. You acknowledge and agree that Company and its affiliates, subsidiaries, partner, suppliers and licensors shall have no liability to you for any loss of data or losses suffered resulting from or arising in connection with the compatibility problems.
UPDATES
As part of the Service, you may from time to time receive upgrades/updates from Company which may be automatically downloaded and installed to your Device. However, in some cases, it is possible that the version may not update for all due to history(cache) issues. We will provide a notification to the users, whenever a new version is released. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You acknowledge that such upgrades/ updates may not necessarily be compatible to the Application version that User is using. In case we launch new version of App, User may subscribe to such upgrades/updates through the Website by paying the requisite charges, if any.
DATA PROTECTION
Company recognizes that any data provided by the User to Company is extremely important to the User, and Company shall therefore be particularly sensitive in handling such data. In particular, Company shall not provide or otherwise disclose any personal data of the User to any third party without authorization.
LICENSE AND RULES OF CONDUCT
Subject to terms and conditions of this Agreement, We hereby grant You a non-exclusive, non-assignable, non-transferable and limited right and license to use the Application for Your personal use only and for no other purposes.
Your Use of the Application is subject to all applicable local, state, national laws, rules and regulations. You agree not to reverse engineer, reproduce, publish, re-publish, disassemble , disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Application and further agree not to use this Application as part of another application, upload of any virus, use any content for commercial purposes without Our consent; access or modify partially or otherwise to any source code; track or monitor the other users; do anything that puts an enormous / unreasonable load on our infrastructure/servers; copy or create derivative work on our software.
COOKIES
We may place a text file called a "cookie" or any other mechanism in the browser files of Your Device or in the Device (if applicable). The cookie may enable the Application to relate Your Use of the Application to information that you have specifically and knowingly provided to the Application. You agree and acknowledge that this information may also be used for analytics purpose by us in the future.
ONLINE PAYMENT
User understands and acknowledges:
That Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
That the User shall provide accurate payment details to the secure payment system for making purchase of the App.
The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User's credit/ debit card.
That the User undertakes all payments subject to own risk and volition.
Company shall not be liable for any loss or damage occurred to User arising directly or indirectly out of the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Application and all the rights including but not limited to intellectual property rights subsisting under the Application are owned by the Company and its affiliates, subsidiaries, licensors as the case may be.
If You believe that the Application contains elements that infringe your intellectual property rights in your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, We may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All materials on this App, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein.
There may be number of proprietary logos, service marks and trademarks found on the App whether owned/used by us or otherwise. By displaying them on the App, We are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
ADVERTISEMENTS
We may also post, display, publish or provide links of advertisements on the Application. We do not endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. We are not responsible in any manner whatsoever for any of these advertisers as these will be given by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them solely at your own risk and volition.
REPRESENTATION AND WARRANTY
User represent and warrant that:
You are eligible to use this App and Services
Your age is at least 18 years or above.
Your feedback does not contain confidential or proprietary information owned by You or of third parties;
Company is not under any obligation of confidentiality, express or implied, with respect to the feedback;
Company may have something similar to the feedback already under consideration or in development;
You are not entitled to any compensation or reimbursement of any kind from Company for the feedback, posts under any circumstances.
User agrees and acknowledges that:
Company makes no representations about the accuracy or suitability of the information provided on its App. Company excludes all warranties whether express, implied, statutory or otherwise, relating in any way to this App or use of this App.
The advice or information provided on the App will depend on the information that you shared on the App. User understands and acknowledges that we do not warrant that advice or information given by App is complete, correct, exhaustive and appropriate. We also need to make you aware that although we provide appropriate firewalls and protections, but our systems are not hack proof. While we try to offer reliable data, we cannot promise that it will always be accurate and up-to-date. Company does not warrant that the App will be error free or will perform in an uninterrupted manner.
WARRANTY DISCLAIMER
APPLICATION IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION THE USER DATA. IN ANY CASE THE MAXIMUM LIABILITY OF THE COMPANY IS LIMITED TO CHARGES PAID FOR USE OF THE APPLICATION THE WE DO NOT REPRESENT AND WARRANT THAT YOUR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THE YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF APPLICATION WILL BE ACCURATE OR RELIABLE.
LIMITATIONS OF LIABILITY
In no event shall the Company be liable for any indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the Use of the App or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with this Agreement.
The forgoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited warranty or remedy herein. Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Company (including its vicarious agents) shall exist only if Company breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
INDEMNIFICATION
You agree to indemnify, defend and hold the Company, its parents, subsidiaries, affiliates, successors, assigns and licensors, or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, service providers and harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by You, or due to your activities related to the Application.
The User assumes all reasonable costs Company incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Company, are hereby unaffected.
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Company's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Company's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of Website, the User shall discontinue such use that violates the Agreement and the law, if so requested by Company.
TERMINATION
The User may terminate the Free Membership at any time without cause. The User may terminate without cause the Paid Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires. If the User has terminated the Paid Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
A good cause is defined as an event which makes it unacceptable for Company to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Company against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions;
If the User breaches a contractual obligation, in particular an obligation set forth in this Agreement;
If the reputation of the services offered on the Company Web sites is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors;
If the User causes harm to any other user(s).
In the event of a good cause in accordance with this section and notwithstanding Company's right to terminate the contract in accordance with this section, Company is entitled to Delete the contents posted by the User or issue a warning, or Block the User's access to the services on the Company Web sites.
User shall not be entitled to claim reimbursement of any advance payments if Company has terminated the contract for good cause or blocked the User's access or if the User has terminated the agreement.
PRIVACY
At the time of Using the Application, You will share certain User Data with Us, We respect your User Data. We do not share your User Data and/or information stored by You on the Application. All your data shall always be kept confidential. If You intend to share your stored information to any other users or third party other than maps (we have an existing Agreement with maps), We will need specific instruction from You, then only We will share the User Data and/or your personal information to any other users or any third party. If you intend to Use this Application and/or share User Data with other Users or any third party, it is solely at your own volition, risk. It is advised that fake identity or identity hacking is possible and you must apply discretion before you instruct us and we will execute this at your sole risk. We also need to make you aware that our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case we are required to disclose User Data in order to assist the Government Authority or in adherence to the Court or to protect the interest of the Application and/or any particular user(s), We will disclose it without obtaining prior permission from You.
Use of Application may create certain information patterns which may be used for analytics. Any such information however, will not reveal User's identification in whatsoever manner. All such information is protected by us by way of manual and/or electronic security system that offers security of reasonable nature.
APPLICABLE LAWS
This Agreement contains the entire understanding and agreement between You and the Company and supersedes any and all prior or inconsistent understandings relating to Application. Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
Agreement and your use of the Application is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai.
LINK TO THIRD PARTY SITES
Company may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website. These links are merely as a convenience and Company is not responsible for any data, information, opinions, advice or statements made on these sites.
ADVERTISEMENTS
The Website may also post, display, publish or provide links of advertisements of Advertisers. Company doesn't endorse the advertisements or advertisers or quality, suitability, merchantability, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers
FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, government regulations, civil disturbances, riots and anything beyond control of Company.
CHANGE
We have and continue to have the right to modify, change, substitute, remove, suspend or update this Agreement or any information in it at any time by sufficiently highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Website, Application or Services at any time.
CHANGE IN CONTROL
User hereby expressly agree that in the events of, including but not limited to, merger, acquisition, take over, disinvestment, amalgamation, joint venture, change in the name or status of the Company or other similar arrangement etc; the new or emerging entity shall execute similar kind of agreement, immediately upon its existence, with you on same terms and conditions.
GENERAL PROVISIONS
In this Agreement, reference to any gender includes a reference to all other genders and the neuter. Each part of this Agreement is independent of each other. Company shall have the right to assign this Agreement to any of its affiliates or any third parties at any time without notice to You. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Company's rights and that those rights or remedies will still be available to the Company.
If any provision of these Agreement is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The Parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
CUSTOMER SERVICE/SUPPORT
Queries regarding Agreement with Company, Application or Services can be sent by the customer to Company using the contact form available at all times on Website.
