This Web site is operated by Mindgate Solutions Inc. Throughout the site, the terms “we,” “us” and “our” refer to Mindgate. Mindgate offers this Web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site constitutes your agreement to these Terms of Use.

Terms of Use

1. Use of Site

This Site is provided to you without charge as a convenience and for your information only. The content on this Site does not constitute legal advice and is not a substitute for obtaining legal advice from a qualified attorney.

We do not assume any liability for these matters. In other words, you use this Site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. 

2. Accuracy, Completeness and Timeliness of Information

Mindgate is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

3. Disclaimers

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time without notice. Mindgate expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the service that makes the site available will be virus-free, or that information of the site will be complete, accurate or timely.

4. Privacy

By using this Site, you acknowledge and accept this Site’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. By using this Site, you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

5. User Conduct

You may not use this Site to conduct any activity that is illegal or violates the rights of others. You may not use any robot, spider, scraper, automated scripts or other automated means to access this Site or content or services provided on this Site for any purposes. You shall not attempt to make this Site unavailable through denial-of-service attacks or similar means or use this Site in a manner that could damage, disable or impair this Site.

6. Remedies for Misuse

You agree that any unauthorized use of this Site or its contents or any breach of these Terms of Use may cause Mindgate immediate and irreparable harm for which money damages may not constitute an adequate remedy. You agree that we may, with or without cause, immediately terminate your access to this Site without prior notice. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of this Site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

7. Links

We may provide hyperlinks or pointers to other web sites maintained by third parties or may provide third party content on this Site by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content in any linked web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.

We reserve the right to terminate a link to a third party web site at any time. The fact that we provide a link to a third party web site does not mean that we endorse, adopt, authorize or sponsor that web site. It also does not mean that we are affiliated with the third party web site’s owners or sponsors.

8. Trademarks

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Mindgate Solutions Inc. or its affiliates or its Group Companies and are their property. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without Mindgate’s prior written permission, except as otherwise described herein. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of France and other countries.

9. Local Laws in Accessing this Site

We make no representation that content or materials on this Site are appropriate or available for use in your specific jurisdiction. Access to this Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site, you do so at your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of export laws and regulations.

10. Indemnification

You hereby jointly and severally agree to indemnify, defend and hold us and and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of this Site or any breach by you of these Terms of use, including any liabilities associated with a violation of Federal or Provincial laws.

11. Limitation of liability

You acknowledge and agree that you assume full responsibility for use of the site. You acknowledge and agree your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Mindgate nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, consequential, special or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site. Your sole and exclusive remedy for any of the above claims or any dispute with Mindgate is to discontinue your use of the site.

12. Third Party Rights

Some of the provisions of this agreement are for the benefit of Mindgate and its officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with English law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be the English courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

14. WAIVER OF INJUNCTIVE RELIEF

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THIS SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEB SITE, CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MINDGATE.

15. Changes to these terms of use

We may at any time revise these Terms and Conditions by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of this Site.

16. Waiver

Except as expressly set forth in these Terms of Use, (i) no failure or delay by you or Mindgate in exercising any rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

We welcome your questions and comments regarding these Terms of Use and anything else on this Site.

Please contact us at:

Mindgate Solutions Inc.
26 Autumn Trail Lane
Walnut Creek, CA 94595 USA