The brainology.us website, and all materials and information provided via the website, is owned by Mindset Works, Inc. ("Mindset Works"). The site may be used for educational, non-commercial purposes only.
Access to this site is subject to the following terms and conditions, and all applicable laws. By accessing this website, you accept the terms and conditions stated below.
Disclosure of Information
If you choose to pay for services on the site, then you agree to provide only true, accurate, current and complete information regarding your registration and payment. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access your account.
Other than your registration and payment information, Mindset Works does not want to receive confidential or proprietary information from you through this site or by email. Once received, such communications or material becomes the property of Mindset Works and may be used for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Mindset Works reserves the right to use any ideas, concepts, know-how, or techniques contained in any said communication or materials sent to Mindset Works for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You hereby grant Mindset Works a worldwide, royalty-free, fully-paid, perpetual, non-exclusive and fully assignable license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on the site, in whole or in part, alone or in combination with other material, in any and all media, now known or later devised.
In the event that Mindset Works uses any material from any user, the user’s personally identifiable information will not be associated with such material.
Your use of the site is subject to Mindset Works’ privacy policy. Please see the entire privacy policy at http://mindsetworks.com
Intellectual Property Rights
All material on this website is protected by copyright owned by Mindset Works, Inc. All rights reserved.
Mindset Works strictly prohibits the distribution, modification, transmission, reuse, reposting or use of any portion of this site for public or commercial purposes, without our prior written permission. The trademarks, logos, and service marks displayed on this website are registered and/or common law trademarks of Mindset Works. Nothing on this website may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website. If you download or print a copy of any portion of the site for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the site, including any features that prevent or restrict use or copying of any content.
Invoicing and Payment
Upon order processed, an invoice will be sent within 3-5 business days to the 'Bill to' email indicated above. Sales tax and shipping charges will be included (when applicable) along with options and instructions for making payment. Payment will be due in NET 30 from the invoice date. Payment is required for all orders placed, regardless of license usage. Unless, an eligible refund has been successfully approved and processed.
Expiration and Refund Policy
Software Services: Within 30 days of your purchase date, you may request a refund for any unregistered student or educator license(s). All used and unused software licenses will expire 6 months from your purchase date. Access to materials or any associated data on the site will no longer be available.
*Effective 1/1/2022: All software programs are undergoing some modifications for release during the 2022/2023 school year. Going forward, all purchases of programs in their current form will expire no later than June 30th, 2022 to allow for this transition. Programs purchased after 6/30/2022 will expire no later than March 1, 2023 to allow for further modifications for release during the 2023/2024 school year.
Tangible Programs: No cancellations or refunds will be permitted for orders that have been processed to ship. Access to the online portion of the product will expire 6 months from the purchase date.
Professional Development: If there is a need to reschedule, both parties will work in good faith to find an alternative date. Cancellations and refund requests will not be permitted within 30 days of a scheduled event. Beyond 30 days, the customer will be responsible for paying 50% of the total event(s) amount or will receive a 50% refund if payment has been received in full. Mindset Works' obligation to deliver services will expire as defined on the quote and/or agreement.
All terms and conditions are subject to change. Please contact support@mindsetworks.com with any questions.
Limitation of Liability
In no event will Mindset Works be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with use or inability to use this website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Mindset Works or its representatives are advised of the possibility of such damages, losses or expenses. Mindset Works does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this website, and expressly disclaims liability for errors or omissions and inaccuracies in these materials.
Decisions based on information contained in this website are the sole responsibility of the user and at the user's sole risk. Any informational materials provided on the site, including without limitation the opinions and/or recommendations of Mindset Works employees, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Mindset Works makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the site. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
Mindset Works reserves the right to modify or discontinue, temporarily or permanently, the site or your access to the site (or any part thereof) with or without notice at any time. You agree that Mindset Works shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site. You agree that Mindset Works, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the site, for any reason, including without limitation lack of use or violation of the letter or spirit of these Terms of Use.
Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITIED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.
Indemnity
You agree to indemnify and hold Mindset Works, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of materials provided by you to the site, your use of the site, your violation of the Terms of Service (“TOS”), or your violation of any rights of another, whether you are a registered user or not.
General Terms
Use of this site shall be governed by all applicable laws of California and the United States of America. Any legal action or proceeding for any purpose concerning this Agreement, the website, or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.
Any cause of action or claim against Mindset Works with respect to this website must be commenced in the proper forum within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Mindset Works' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Mindset Works may assign its rights and duties under this Agreement to any party at any time without notice.
Last revision: June 30, 2022, Jan 1, 2022, May 20, 2015