eMindlog.com End User Terms of Use

Terms of Use and Privacy Policy
By using the www.emindlog.com  website (“Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy and Full Disclaimer, which are hereby incorporated into these Terms of Use. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to www.emindlog.com and eMind Science Corp, and “Services” refers to all services provided by us.
We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. If you have any questions about these Terms of Use, please contact us at servicedesk@eMindScience.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

eMindLog.com (“eMind”) provides an online tool for self-identification of vital signs related to anxiety and depression so that you may take personal steps for assistance or seek the help of friends or medical professionals.   YOU UNDERSTAND AND AGREE THAT NO MEDICAL OR HEALTH CARE SERVICES ARE PROVIDED BY eMindlog.com or by eMind Science Corp.  PLEASE SEEK YOUR MEDICAL PROFESSIONAL FOR SUCH ADVICE AND ASSISTANCE.

1. Site Improvements.  We are always striving to make this site better.  If you identify bugs or errors, or have suggestions for further improvement please feel free to communicate them to servicedesk@eMindScience.com
2.  Confidentiality.    You recognize that the website is not a public website ant that its design and functionality as well as information on or generated by the site constitute valuable trade secrets and other confidential information (“Confidential Information”) which is exclusively owned by eMindScience Corp. You expressly recognize that such Confidential Information is being conveyed or made available to you via access to the website under conditions of confidentiality, and you agree that you will not disclose Confidential Information to any third party or use the Confidential Information for any purpose other participating in the evaluation of this website.

3. Privacy Policy. eMind Science Corp respects your privacy and permits you to control the treatment of your personal information. A complete statement of www.emindlog.com’s current Privacy Policy can be found by clicking here. This Privacy Policy is expressly incorporated into this Terms of Use.

When you open an account you will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify www.emindlog.com immediately of any unauthorized use of your account, user name or password. Neither eMind Science Corp nor www.emindlog.com shall be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by www.emindlog.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

4. Ownership. This Site is owned and operated by eMind Science Corp. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by eMind Science Corp or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of eMind Science Corp’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. Any rights not expressly granted herein are reserved by eMind Science Corp.

5. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than www.emindlog.com or eMind Science Corp (each a “Third Party Site”). www.emindlog.com may work with a number of partners and affiliates whose sites are linked with www.emindlog.com. Neither www.emindlog.com no eMind Science Corp areresponsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. eMind Science Corp makes no guarantees about the content or quality of the products or services provided by such sites. www.emindlog.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. eMind Science Corp and www.emindlogcom are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.emindlog.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither www.emindlog.com nor eMind Science Corp are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

6. Reviews, Comments, Communications, And Other Content. At various locations on the Site, www.emindlog.com may permit visitors to post reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.

6.1. Your Rights and Responsibilities With Respect to Intellectual Property Rights.  eMind Science Corp respects the intellectual property of others, and we ask our users to do the same. www.emindlog.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide www.emindlog.com ‘s Copyright Agent with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

eMind Science Corp’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: help@emindsciencecorp.com.
Although we cannot make an absolute guarantee of system security, www.emindlog.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email  at servicedesk@eMindScience.com.

If eMind Science Corp’s technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other members, eMind Science Corp reserves the right to delete those files or to stop those processes. If the www.emindlog.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, eMind Science Corp may disable that user’s access in order to preserve system security. In all such cases, www.emindlog.com will contact the member as soon as feasible.

eMind Science Corp has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.
eMind Science Corp and www.emindlog.com reserve the right to refuse service to anyone and to cancel user access at any time.

6.2 Your Rights and Responsibilities With Respect to Posting of User Content.  You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any www.emindlog.com service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such User Content, you grant a license to www.emindlog.com to use, reprint, distribute, modify, and create derivative works, which will be owned by www.emindlog.com . In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to www.emindlog.com to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.

The use of your www.emindlog.com user account or posting User Content for any illegal activity under the laws of the State of North Carolina and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside www.emindlog.com ‘s locality or your own residence. www.emindlog.com is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and www.emindlog.com cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting. You agree not use the Site in any way that could damage, disable, or impair any Services provided by www.emindlog.com (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

6.3. Your Rights and Responsibilities as a User and Reader of User Content.  You are not required to provide your real name when signing up as a user of www.emindlog.com as this site permits anonymous or pseudonymous accounts. Any user may request that such member’s e-mail address be hidden to provide for additional privacy.
If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, www.emindlog.com staff will not take a role in mediating conflicts between you and other users. www.emindlog.com does not take responsibility for your behavior or that of other users.

Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

7. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EMIND SCIENCE CORP AND WWW.EMINDLOG.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER EMIND SCIENCE CORP NOR WWW.EMINDLOG.COM MAKES ANY WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. NEITHER WWW.EMINDLOG.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

8. Limitation of Liability. IN NO EVENT SHALL EMIND SCIENCE CORP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF WWW.EMINDLOG.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF EMIND SCIENCCE CORP OR WWW.EMINDLOG.COM TO YOU IS $50.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

9. Indemnification. You agree to defend, indemnify and hold harmless eMind Science Corp, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.

10. Unsolicited Submissions. eMind Science Corp and www.emindlog.com do not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to www.emindlog.com through or in association with this Site shall be considered non-confidential. By providing such submissions to www.emindlog.com you hereby grant eMind Science Corp and www.emindlog.com a license to use, reprint, distribute, modify and create derivative works which will be owned by www.emindscience.com . You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.  The foregoing does not relate to any personally identifiable information which you may provide.

11. Compliance with Intellectual Property Laws. When accessing www.emindlog.com or using eMind Science Corp’s services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your www.emindlog.com user account.

If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at help@emindscience.com as described above in Section 5.1.

12. Inappropriate Content. When accessing the Site or using eMind Science Corp’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. www.emindlog.com reserves the right to terminate or delete such material from its servers. eMind Science Corp and www.emindlog.com will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

13. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

14. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

15. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of North Carolina, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of North Carolina. You and www.emindscience.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

16. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2016, eMind Science Corp ALL RIGHTS RESERVED.

17. Trademarks. All images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of WWW.EMINDLOG.COM. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

18. Acknowledgement. BY USING EMIND SCIENCE CORP SERVICES OR ACCESSING THE WWW.EMINDLOG.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

19. Contact. If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at servicedesk@eMindScience.com.