Last Modified: November 8, 2020
If You are just visiting our website and are not yet a contracted client, You are referred to herein as a “Visitor”. If You are a contracted client, then You will be referred to as a “Client”. Collectively, Visitors and Clients are referred to as Users. We also refer to all Visitors, Clients and Users as “You” herein.
3. Changes to The Site and Services.
4. Future Features of the Site.
We may share information about our plans for future features because we want to gauge interest and we like to be transparent with You. Our public statements about those product plans are an expression of intent, but You should not rely on them when making a decision to become a Client or to remain a Client. If You decide to become a Client, that decision should be based on the services, functionality or features we have made available today, which may be substituted or modified from time to time in an effort to continuously improve our Users’ experience, and not on the delivery of any future services, functionality or features.
5. Your Suggestions are Welcome.
We are committed to continuous improvement of our Users’ experience and therefore welcome Your suggestions on these Terms as well as the Site, Services and Products we offer. If You send us suggestions, You agree that You are granting Us (and all Users) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any of Your suggestions for any purpose without any obligation or compensation to You. Please know we appreciate Your suggestions whether they are used, or not.
6. Authorized Users.
The owner of the Site is based in the United States. The Site is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. By using this Site, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Site.
7. Users under 18; Children under 13.
We do not knowingly collect, either online or offline, personal information from anyone under 18. Anyone under 18 may only use this Site with the permission and participation of a parent or legal guardian who must be the registered Client and who shall be fully responsible for the actions of their minor children and their experiences using the Site.
Children under the age of 13 are not allowed to create an Account or otherwise use the Website. If you believe that we have inadvertently collected the personal information from anyone under age 13, please contact us through www.mindykantor.com/contact or email at firstname.lastname@example.org immediately so that we can properly destroy that personal information.
Additionally, to create a Client Account, you must be at least 18 in the United States, or at least the age required by the laws of your country to enter into a binding, legal contract.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
8. Client Account.
9. Client Account Registration; Client Profile.
Your login credentials will consist of Your email address or Username and password. You agree to provide true, accurate, and complete information on Your Profile and all registration and other forms You access on the Site or provide to us and to update Your information to maintain its truthfulness, accuracy, and completeness. You agree not to register for more than one Account without express written permission from us. Further, You agree that Your Account is solely for Your use.
10. Identity Verification.
When You register for an Account and from time to time thereafter, Your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm Your identity. You authorize Us, directly or through third parties, to make any inquiries necessary to validate Your identity and confirm Your ownership of Your email address or financial accounts, subject to applicable law. If We require additional information from You to verify Your identity and you choose to withhold such additional information, We reserve the right to terminate your Account with immediate effect.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS TO THE EXTENT THAT SUCH INTERACTION IS PERMITTED ON THE WEBSITE AND SOCIAL MEDIA PLATFORMS. YOU UNDERSTAND THAT MINDY KANTOR, LLC MAY NOT AND IS NOT EXPECTED TO CONDUCT CRIMINAL OR CREDIT BACKGROUND CHECKS OR TO INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. MINDY KANTOR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PAST OR CURRENT USERS. MINDY KANTOR, LLC DOES, HOWEVER, RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
11. Information About You and Your Visits to the Site.
12. Usernames and Passwords; Security; No Sharing of Account.
13. Client Fees and Payment Terms.
Billing: All fees payable to Us are due as described in Your Client Services Contract. If Your Client Services Contract stipulates that payment is to be made via PayPal, You agree that all fees, including any applicable taxes, for which You are responsible will invoiced via PayPal to the email address You have provided.
14. Intellectual Property.
You represent and warrant that You have all legal rights to any ideas, inventions, trade secrets, patents, or intellectual property that You present to the Company and to Users of the Site and it’s affiliated Social Media Pages, and that You own or have the legal right to control any such assets. You grant Company a royalty free non-exclusive perpetual world-wide license to use, display, reformat, and republish (in whole or in part) and create derivatives of the descriptions or depictions of assets that You present to the Site’s Users and this license may be used for all lawful purposes.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company or its licensors, or other providers of such material to Mindy Kantor, LLC for its use and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, including material that is the intellectual property of Clients who deserve to have their intellectual property rights respected by all Clients. The only exceptions are:
- You may download and utilize materials purchased or made available from the Company or other Clients that are clearly intended to be shared or purchased; in such cases, You must abide by the use restrictions associated with the intellectual property of the Company or Client who owns that intellectual property or sold the materials to You.
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end User license agreement for such applications.
- If we provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site except in conformance with the shared or purchased materials made available by the Company or Clients.
The Company name “Mindy Kantor, LLC”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates, subsidiaries, licensors, or service providers (“Affiliates”). You may use such marks only with the prior written permission of the Company.
16. Copyright Infringement.
Clients and the Company agree to honor the copyrights of other Clients and the Company. Defacing or removing of copyright notices or violations of copyrights is strictly prohibited.
17. Serendipitous Ideas; Sharing of Ideas and Assumptions; Enforcement of Intellectual Property Rights
You understand and agree that similar ideas may be under development by multiple parties at any one time and, from time to time, material containing features and elements similar or identical to those contained in Your presented materials may appear on this Site, and that neither the Company nor the owners of said materials are obligated to negotiate with or otherwise compensate You for their use. If You have trade secrets that should not be shared because doing so will result in loss of protection as trade secrets, then do not post them in any manner on the Site or Social Media Pages or share them in any way with the Company. If You feel Your ideas must be protected at all costs and could be at risk within the Site or Social Media Pages, then do not post them in any manner on the Site or share them in any way with the Company.
While Mindy Kantor, LLC cares deeply about Your intellectual property rights, we are not the intellectual property police and will not take enforcement action on Your behalf. At our discretion, we will terminate a Client’s Account and access if we feel it is warranted, but no further action will be taken by us and You agree not to rely on us to provide such protection or enforcement.
18. Code of Conduct.
The standards of behavior set forth below are not intended to be all inclusive and above-all-else we require You to engage in respectful, professional and uplifting activity and communication as a Client. We reserve the right to remove any posts that don’t adhere to our Code of Conduct, and to suspend or terminate the Account of anyone who violates them, without a refund.
Content Standards: Any content, posts, communications, or other actions by any User of the Site are prohibited that are the following in nature (“Content Standards”):
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent or depicting violence, threatening, inflammatory, or otherwise objectionable;
b. Hateful or discriminatory targeting race, ethnicity, religion, gender, sexual orientation or identity, nationality or political beliefs;
c. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
d. Fraudulent, deceptive, misleading or unlawful;
e. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
f. Promote or sell products or services that are not in compliance with federal law, regardless of their status under state laws or other local law or ordinance.
g. Trolling or deliberate disruption of discussion;
h. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
i. Uploading or linking to files that contain viruses, malware, or other programs that could damage the operation of the Site or Users’ computers;
j. Spamming or link baiting (embedding a link in Your post to draw traffic to Your own site); and
a. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
d. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
e. To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or alibis names associated with any of the foregoing); Users shall only use their real names.
f. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or Users of the Site or expose them to liability.
Additionally, You agree not to:
a. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
b. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
c. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
d. Use any device, software, or routine that interferes with the proper working of the Site.
e. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
g. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
h. Otherwise attempt to interfere with the proper working of the Site.
i. Recruit, by manual or other means, Clients of this Site to leave the Site in favor of another related or competitive service.
Dos. You agree that You will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Keep Your email address valid and current;
- Safeguard Your login credentials (email and password), and NOT share Your login credentials with others or allow others to log into Your account.
- Provide accurate profile information to Us and keep it updated;
- Keep Your payment method and billing information up to date;
- Use Your real legal name (no pseudonyms, user handles, nicknames, or dummy corporations) on Your profile;
- Respect the proprietary interests of other Clients and the Company;
- Use the Site in a professional manner.
Don’ts. You agree that You will NOT:
- Act dishonestly or unprofessionally, including posting inappropriate, inaccurate, or objectionable content;
- Create a false identity or misrepresent Your identity, including but not limited to the use of a pseudonym, “user handle,” the name or professional name of a known individual, or a Client profile for anyone other than Yourself (a real person);
- Misrepresent Your current or previous professional history, positions and qualifications;
- Misrepresent Your affiliations with a person or entity, past or present;
- Supply information that is inaccurate or not intended for a designated field (for example, submitting a telephone number in the “title” field, or including personally identifiable information for which there is not a field provided by the Site);
- Use or attempt to use another Client’s account;
- Harass, abuse or harm another person;
- Send spam or other unwelcome communications to others;
- Scrape or copy profiles, contacts, or information of others through any means (including crawlers, spiders, bots, browser plugins and add-ons, and any other technology or manual work) – or use any non-authorized method to add or download contacts, or to send or redirect messages;
- Act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable manner;
- Disclose confidential, proprietary, or trade-secret information of others, including Your employer, without their express written consent;
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of the Company, including, without limitation, using the names “Mindy Kantor”, “Learning Boutique”, “Learn Dash”, or “Catalyst Programs” or our logos and other artwork in any business name, email, or URL;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not authorized by Us;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Site;
- Create profiles or provide content that promotes prostitution;
- Create or operate a pyramid scheme, fraud, or other similar practice;
- Copy or use the information, content, or data of others available on the Site (except as expressly authorized);
- Copy or use the information, content, or data on the Site in connection with a competitive service (as determined by Us);
- Collect, use, copy, transfer, modify, or create derivative works of the Company, the Site, or any related technology (except as expressly authorized by the Company);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology, or any part thereof;
- Imply or state that You are affiliated with or endorsed by the Company without our express consent;
- Rent, lease, loan, trade, sell/re-sell access to the Site or related information or data;
- Sell, sponsor, or otherwise monetize a Client account or any other feature of the Site, without our consent;
- Deep-link to our Site for any purpose without our consent;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on the Site;
- Remove, cover, block, or obscure any advertisement included on the Site;
- Monitor the Site’s availability, performance, or functionality for any competitive or non-competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
- Access the Site except through commonly available web browsers, or interfaces expressly provided by the Site, such as its mobile applications;
- Override any security feature of the Site;
- Interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms);
19. Client-Supplied Content and Intellectual Property
The Site and the Social Media Pages associated with the Site may allow Clients to post, submit, publish, comment, display, or transmit (hereinafter, “post”) information or materials (hereinafter, “content”) which may be accessed by other Clients.
By posting content to the Site or Social Media Pages You represent and warrant that You are entitled to submit it, that You own or control all rights to it, and that it is not in violation of any law, contractual restrictions, or other third-party rights. Posting content for which You do not already own or control rights does not convey any ownership rights to You.
Posted content may be visible to other Users, so any content You post to the Site or Social Media Pages will be treated as non-confidential and non-proprietary. The Company has no obligation to safeguard, monitor, or enforce any intellectual property rights that may be associated with any content that You or any other Client posts on the Site or Social Media Pages in any manner. With regard to Your posting of confidential or trade secret information on the Site or Social Media Pages, We do not make any claims as to Your proprietary interests or offer any legal protections to You.
Protecting Your Intellectual Property
If another User posts content to the Site or Social Media Pages that You believe violates Your intellectual property or other rights, it is Your sole responsibility to pursue any actions or claims. We have no obligation to act on Your behalf.
If You post confidential or trade secret information to the Site or Social Media Pages in any form, You do so at Your own risk of loss. If You desire to maintain confidentiality regarding such content, We encourage You to refrain from posting it on the Site or Social Media Pages.
Ownership vs. license
We do not claim any ownership interest in Your posted content solely because You have provided it, although we claim a license sufficient to display such content through the Site. All posted content shall be deemed to have been licensed to the Company on a nonexclusive, worldwide, royalty-free, perpetual basis. You acknowledge that You have the right to grant the above license to us and our Affiliates, and each of their and Our respective licensees, successors, and assigns.
2o. Monitoring and Enforcement; Termination.
We have the right to:
- Remove or refuse to approve any Client Contributions for any or no reason in our sole discretion.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
21. Reliance on Information Posted.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other User, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by Clients, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
We do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
22. Earnings Disclaimer
You recognize that any business endeavor has inherent risk for loss of capital. Any examples, tips, tools, or advice on the Site are not intended to represent or guarantee that everyone will achieve the same results and You understand there is no guarantee You will duplicate the results provided in any examples on the Site. Individual success will be determined by a combination of circumstances, including the Clientʼs experience, aptitude, effort, and motivation to work, as well as the current market potential for a product or service.
23. Limitation on Liability.
24. Relationship with Mindy Kantor, LLC.
While We may from time to time introduce Clients to each other and help them find clients by manual means, Mindy Kantor, LLC is not a party to the dealings between You and any other Client, partner, vendor, or other individual or entity. We make no representations about, and do not guarantee the truth or accuracy of any Client’s content on the Site, the qualifications, the background, or identities of Clients.
25. Linking to the Site and Social Media Features.
You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but without our express written approval You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part other than Your status as a Client, which must be removed if Your Client Account or contract is terminated by Us.
This Site may provide certain social media features that enable You to:
- Link from Your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on Your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, You must not:
- Establish a link from any website that is not owned by You.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice in our discretion.
26. Links from the Site.
If the Site contains links to other sites and resources provided by third parties, including by Clients, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
27. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
29. Governing Law and Jurisdiction.
31. Class Action Waiver.
32. Limitation on Time to File Claims.
33. Waiver and Severability.
34. Entire Agreement.