TERMS AND CONDITIONS OF USE OF MINDJET, LLC

THIS AGREEMENT WAS LAST UPDATED ON AUGUST 6th, 2005.

PLEASE READ THE TERMS OF USE AND THE PRIVACY POLICY THAT FOLLOW. BY CLICKING BELOW, YOU ASSENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE AND THE PRIVACY POLICY. YOU MUST BE 18 YEARS OF AGE TO USE THIS SITE.

Mindjet, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You agree to check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms, including the Privacy Policy, will mean you accept those changes. You represent and warrant to Mindjet, LLC that you will fully comply with the Terms and Conditions of Use and the Privacy Policy. The Mindjet Web Site is owned and operated by Mindjet, LLC (referred to as "Mindjet, LLC," "Mindjet," "we," "us," "our" "Web Site"). If you do not agree to the terms outlined in this Agreement, please do not use the site.

The Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our policy.

Rights and Restrictions On Use. You shall use the Web Site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or Spam. You further agree that you will not use the Web Site to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the site or restrict access to all parts of the site without notice or liability.

Forums. We do not guarantee that we will edit or delete posts. We do not actively monitor the contents of posted messages and are not responsible for any message posted. The messages express the views of the author of the message, not the views of Mindjet. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email at info@mindjet.com. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any action by you which involves Mindjet.

Submissions to Map Library. Any information submitted to Mindjet (Submission) will be deemed NOT CONFIDENTIAL. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Unless otherwise specified, Mindjet does not claim ownership of the materials you provide to Mindjet or post, upload, input or submit to the Web Site. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Mindjet, permission to use your Submission in connection with the operation of its businesses. You grant Mindjet an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send Mindjet, for any and all commercial and non-commercial purposes.

In addition to the warranty and representation set forth above, by Posting a Submission, you warrant and represent that (a) you are the copyright owner of the work or Images, or that the copyright owner has granted you permission to use this work or Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Web Site, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use. By Posting your Submission, you are granting to the general public permission to use your work or Images, without limitation, by granting a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your work for purposes of the Map Library.

You acknowledge that Mindjet is not responsible for the accuracy of any information posted on the Map Library and that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not Mindjet, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the Web Site. You are prohibited from posting or transmitting to or from this Web Site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Mindjet will have no liability related to the content of any such communications. You understand that by using the Web Site, you may be exposed to Submissions from others that are offensive, indecent or objectionable.

You further acknowledge that Mindjet does not pre-screen Submissions, but that Mindjet has the right in its sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the Web Site. Without limiting the foregoing, Mindjet may disable, restrict access to or the availability of, any Submissions that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. Copyright Infringement. Mindjet will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Web Site:

Brandon Zell
Mindjet, LLC
Koshland Building
1160 Battery Street - 4th Floor
San Francisco, CA 94111
Tel: +1 (415) 229-4340 Fax: +1 (415) 229-4201
brandon.zell@mindjet.com

To be effective, the Notification must include the following:

(i) An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;

(ii) A description of the copyrighted work claimed to have been infringed;

(iii) A description of the location of the infringing material and information reasonably sufficient to permit

(iv) Mindjet to locate the material;

(v) Your contact information, including your address, telephone number, and email address;

(vi) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vii) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

UnSolicited Ideas. MINDJET OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MINDJET OR ANYONE AT MINDJET. IF, DESPITE THIS REQUEST, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MINDJET MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Training Cancellation Policy. You may transfer or cancel your registration up to 14 days prior to your workshop (not including the day of the workshop) and receive a full refund. Within 14 days of the workshop, you may reschedule at no cost or receive a credit towards a future workshop to be used within one year; however refunds will not be issued. Please note that if you cannot attend the workshop and fail to give proper notification, prior to your seminar date, you will forfeit your entire seminar fee and forfeit credit towards another class.

LINKING SITES. LINKS IN THIS WEB SITE MAY LET THE USER LEAVE THE MINDJET SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MINDJET, LLC, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY US OF THE LINKED SITE. THIS INCLUDES ALL AFFILIATES. PLEASE REFER TO THE TERMS OF USE AND PRIVACY POLICY FOR EACH SITE VISITED.

DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINDJET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE WEB SITE. MINDJET, LLC DOES NOT WARRANT THAT THE WEB SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MINDJET, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

FURTHERMORE, MINDJET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY MINDJET, ITS ADVERTISING PARTNERS (AFFILIATES) OR ADVERTISED ON THE WEB SITE. AS A SERVICE TO OUR USERS, WE MAY PROVIDE ACCESS TO THIRD PARTY AFFILIATES AND ASK THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS OF USE AND PRIVACY POLICY. YOU AGREE THAT NEITHER MINDJET, LLC, NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDJET, LLC FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS AND LIABILITIES, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRETLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THIS WEB SITE, EITHER DURING THIS AGREEMENT OR AFTER TERMINATION, AND/OR ANY SERVICE PROVIDED BY MINDJET, LLC. THE ENTIRE LIABILITY OF MINDJET, LLC, ITS OFFICERS, CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $5. THE FOREGOING LIMITATIONS, EXLUSIONS AND DISCLAIMERS SHALL APLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Intellectual Property and Copyright Notice. This site is controlled and operated by Mindjet, LLC. Our proprietary software, and our materials on this Web Site, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our Web Site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the Intellectual Property to a single computer for purposes of viewing and browsing the Intellectual Property, except where otherwise specified. Except as expressly authorized herein, material from this Web Site and from any other Web Site owned, operated, controlled, or licensed by Mindjet, LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Mindjet's intellectual property in any form, including but not limited to use on any other Web Site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Minors. Mindjet, LLC does not knowingly collect information from anyone under the age of 16. This site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult.

Indemnification. You agree to indemnify Mindjet, LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Terms of Use.

Notice. Any notices required or permitted to be given under this Agreement shall be sufficient if in writing and personally delivered, sent by confirmed facsimile transmission, by certified mail (or, as applicable, the foreign equivalent thereof if reasonably possible; but if not possible, then by first-class regular mail or the foreign equivalent thereof) or sent by express courier (by a nationally or internationally recognized courier) to the other party at its address set forth herein. The date upon which any such notice is so personally delivered, or if the notice is given by registered or certified mail, the date five (5) days after it is deposited in the mail, or if the notice is given by electronic mail, telex or facsimile, the date the electronic mail, telex or facsimile is sent, shall be deemed to be the date of such notice, irrespective of the date appearing therein. No notice to either party shall be effective unless a copy of the notice is directed to:

Mindjet, LLC
Koshland Building
1160 Battery Street, 4th Floor
San Francisco, CA 94111, USA
Tel: +1 (415) 229-4200

Choice of Law and Jurisdictional Issues. This site is controlled and operated by Mindjet, LLC from its offices within the State of California, United States of America. We make no representation that materials in our Web Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment and Succession. You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, Mindjet, LLC, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete Integration. This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Mindjet, LLC and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this Web Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about Mindjet's Terms and Conditions of Use, please email us at: info@mindjet.com.

The Terms of Use, including the Privacy Policy can change at any time without notice. It is the responsibility of the user to periodically check this url: http://www.mindjet.com/us/privacy

©Mindjet, LLC 2004

Mindjet, LLC
Koshland Building
1160 Battery Street, 4th Floor
San Francisco, CA 94111, USA
Tel: +1 (415) 229-4200