Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tested Minds, acceptance is expressly limited to these terms.
- Payment and Renewal.
- General Terms. You agree to pay Tested Minds the monthly or annual subscription fees indicated for service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal. Unless you notify Tested Minds before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Cancellation and Refunds. You may cancel your monthly subscription at any time by visiting the 'Manage my Subscription' link in your account settings. Cancellation is effective at the end of the applicable monthly period. The Tested Minds team understands that sometimes, mistakes happen. You have 48 hours after your subscription renews to request a refund. To do so, email us at firstname.lastname@example.org with the reason why you would like a refund. We will respond to your request within two business days, Monday - Friday, 9:00 AM - 6:00 PM CST.
End User License Agreement. Subject to the terms of this License Agreement, and our Terms, Tested Minds grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Website. The Website contains and / or embodies copyright material, proprietary material and / or other intellectual property of Tested Minds and / or its licensors. All right, title and ownership in the Website remains with Tested Minds and / or its licensors, as applicable. The rights to download and use the Website are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this License Agreement and our Terms.
You agree that you will not and you will not assist or permit any third party to:
- copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Website in any way, or create derivative works of the Website;
- use the Website or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
- rent, lease, loan, make available to the public, sell or distribute the Website in whole or in part;
- tamper with the Website or circumvent any technology used by Tested Minds or its Licensors to protect any content accessible through the subscription Service;
- circumvent any territorial restrictions applied to the Website; or
- use the Website in a way that violates this License Agreement or the Terms.
You may not make the Website available to the public. The Website made available (in whole or in part) is owned by Tested Minds or its licensors and your use of it must be in accordance with these Terms. In no event shall Tested Minds its affiliates, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising out of your use of or inability to use the Website (or any part of them) or any errors, viruses or bugs contained in the Website, even if you have advised us of the possibility of such loss. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your registration or subscription.
- Intellectual Property. This Agreement does not transfer from Tested Minds to you any Tested Minds or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tested Minds. Tested Minds, Literately, the Literately logo, and all other trademarks, service marks, graphics and logos used in connection with Literately, or the Website are trademarks or registered trademarks of Tested Minds or Tested Minds’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tested Minds or third-party trademarks.
- Your Literately Account and Security. You must immediately notify Tested Minds of any unauthorized uses of your account or any other breaches of security. Tested Minds will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Changes. Tested Minds reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tested Minds may also, in the future, offer new services and / or features through the Website (including, the release of new tools and resources). Such new features and / or services shall be subject to the terms and conditions of this Agreement.
- Termination. We may suspend or terminate your use of the Website as a result of fraud or breach of any obligation under these Terms. Such termination or suspension would be immediate and without notice. If we terminate your use of the Website for any other reason or no given reason, then we would give you 30 calendar days notice. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Tested Minds and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tested Minds nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Tested Minds, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tested Minds under this agreement during the twelve (12) month period prior to the cause of action. Tested Minds shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Tested Minds, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Tested Minds and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tested Minds, or by the posting by Tested Minds of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tested Minds may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms are effective and were last updated on February 1, 2013.