Terms of use

Last updated October 21, 2019
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and IHM, Inc., doing business as (“we”, “us”, or “our”), concerning your access to and use of the
https://insidehumanmind.org website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date such revised Terms
of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you
must have your parent or guardian read and agree to these Terms of Use prior to you using the
Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, foreign jurisdictions, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3) you have the legal capacity
and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you
are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site; (6) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or
unauthorized purpose; and (8) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from
us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or
misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another
person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
“pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the Site to
use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from
anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent
manner.
12. Your Contributions do not violate any federal or state law concerning child pornography,
or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the
Site by linking your account from the Site to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fullypaid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any media formats
and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any Contributions; (2) to re-categorize any Contributions to place them in more appropriate
locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have
with third-party service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to
access your Third-Party Account, as is permitted under the applicable terms and conditions that
govern your use of each Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant us access to your Third-
Party Account, without breach by you of any of the terms and conditions that govern your use of
the applicable Third-Party Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so that it is available on and
through the Site via your account, including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third Party Account is
terminated by the third-party service provider, then Social Network Content may no longer be
available on and through the Site. You will have the ability to disable the connection between
your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy, legality, or noninfringement,
and we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use the Site. You
can deactivate the connection between the Site and your Third-Party Account by contacting us
using the contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such ThirdParty
Account, except the username and profile picture that become associated with your
account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party
Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating
from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of
the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you
shall take full responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as an advertiser,
you warrant and represent that you possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual
rights. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from
the Site or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://insidehumanmind.com/policy. By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is
hosted in the United States. If you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued use
of the Site, you are transferring your data to the United States, and you expressly consent to
have your data transferred to and processed in the United States. Further, we do not knowingly
accept, request, or solicit information from children or knowingly market to children. Therefore,
in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Site as quickly
as is reasonably practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on
or through the Site infringes upon any copyright you own or control, please immediately notify
us using the contact information provided below (a “Notification”). A copy of your Notification will
be sent to the person who posted or stored the material addressed in the Notification. Please be
advised that pursuant to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked
to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site
or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with
the laws of the State of California applicable to agreements made and to be entirely performed
within the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and
individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located
in United States County, California, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by
either Party related in any way to the Site be commenced more than one (1) years after the
cause of action arose.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach
of these Terms of Use; (4) any breach of your representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to
the Site constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of
these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use
of the Site, please contact us at:
IHM, Inc.
PO Box 863
Brea, CA 92821
United States
Phone: +1 (424) 209-8963
support@insidehumanmind.com