Last updated January 29, 2019 (effective date)
4. Account Registration, Password, and Security.
a. When the Site allows you create login credentials, such credentials may be used only by you and only while the license is in effect. Under no circumstances will you share your login credentials with any other person or entity. You are responsible for all use of the Site that occurs under your account, and you agree to notify us of any unauthorized access of which you become aware. We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. WITHOUT LIMITING THE FORCE OF ANY OTHER DISCLAIMERS HEREIN, YOU ARE RESPONSIBLE FOR ANY PERSON USING OR ENTERING INFORMATION IN THE SITE UNDER YOUR CREDENTIALS OR AUTHORITY AND ARE RESPONSIBLE TO AND FOR ANY PERSONS RELYING ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE ENTRY OF ANY INFORMATION AND FOR REVIEWING AND, AS NECESSARY, CORRECTING SUCH INFORMATION AND FOR ANY ACTIONS OR CONSEQUENCES RESULTING FROM THE ENTRY OF SUCH INFORMATION.
b. NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR PASSWORD, AND IN NO EVENT, AND UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES ARISING OUT OF (I) ANY ACTION OR INACTION OF MSF UNDER THIS PROVISION OR (II) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR USE OF YOUR PASSWORD EXCEPT THAT THE DISCLAIMER, IN THIS PARAGRAPH, SHALL NOT APPLY TO THE EXTENT SUCH COMPROMISE, ACCESS, OR USE IS CAUSED SOLELY BY MSF’S BREACH OF THE EXPRESS TERMS OF THIS AGREEMENT OR ITS VIOLATION OF LAW, AS PROVIDED BY CLEAR AND CONVINCING EVIDENCE. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME.
5. Transactions. MSF sells membership packages and event tickets through the Site. If you wish to purchase any membership package or event ticket made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to MSF the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. The Site will provide a list of total costs for each of your Transactions, which are valued in terms of U.S. Dollars.
All descriptions, images, references, features, content, specifications, products, and prices of membership packages and event tickets described or depicted on the Site are subject to change at any time without notice. The inclusion of any membership packages or event tickets on the Site does not imply or warrant that these membership packages or event tickets will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any membership package or event ticket purchased from this Site. By placing an order, you represent that the membership package or event ticket ordered will be used only in a lawful manner. MSF reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
All Sales are final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the Transaction is complete. If you are not fully satisfied with your Transaction, please contact us via email at firstname.lastname@example.org, by calling us at (210) 821-6094, or by mailing us at Mind Science Foundation, 117 W El Prado Drive, San Antonio, TX 78212.
7. Intellectual Property.
b. Our trademarks may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other material is owned or licensed property by us or our suppliers or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws and is prohibited.
c. Any person accessing the Site acknowledges and understands that the use and/or depiction of any trademarked logos on the Site by MSF are being used and/or depicted with the express permission of those entities owning the trademark. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws and is prohibited.
8. Copyright Infringement. We respect the intellectual property rights of others. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If any person or entity believes that such party’s work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that the party claims has been infringed, and identification of the URL or other specific location on the Site where the material that the party claims is infringing is located; (c) the party’s address, telephone number, and email address; (d) a statement by the party that such party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by the party, made under penalty of perjury, that the above-listed information in the notice is accurate and that the party the copyright owner or authorized to act on the copyright owner’s behalf. Please note, by submitting a copyright infringement notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have that communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. However, the DMCA Infringement notification (including any personal identifying information set forth in the Notifications) will be forwarded as submitted to us without any deletions.
Our full name and street address is The Mind Science Foundation, 117 W El Prado Drive, San Antonio, Texas 78212. We list, immediately below, the name and address of our designated agent for copyright infringement issues. Our designated agent for notice of copyright infringement can be reached at:
Agent: The Mind Science Foundation
Meriam M. Good
117 W El Prado Drive
San Antonio, TX 78212
9. Representations and Warranties; Disclaimer.
b. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. WE DO NOT MAKE ANY REPRESENTATIONS, AND AFFIRMATIVELY DISCLAIM ANY SUCH WARRANTIES AND REPRESENTATIONS, REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MSF DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY RECORD OR DOCUMENT GENERATED BY THE SITE.
d. YOU UNDERSTAND AND AGREE THAT THE ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF THE WEBSITE OPERATOR.
f. ANY LINKS TO THIRD-PARTY WEBSITES FOUND WITHIN THE SITE ARE PROVIDED SOLELY AS AN ADDED CONVENIENCE TO YOU. YOU SHOULD ASSUME THAT MSF HAS NOT REVIEWED THE CONTENTS OF THESE THIRD-PARTY WEBSITES. MSF DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR SUITABILITY OF THESE THIRD-PARTY WEBSITES. MSF MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF THE ACCURACY, QUALITY, RELIABILITY OR ETHICALITY OF ANY INFORMATION CONTAINED AT THE OTHER SITES TO WHICH MSF LINKS AND ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION, ADVICE, OR SERVICES PROVIDED BY ANY SITE.
g. The appearance of external hyperlinks generated by third parties does not constitute endorsement by us or our affiliates of any content of the linked third party website, and we do not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither MSF nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
10. Submissions. By submitting any comment, idea, suggestion, response to questionnaires, or other material to the Site, you grant MSF a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sub-licenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by MSF will not infringe on or violate the rights of any third party.
12. Taxes and Raffles. If there are taxes, other governmental charges or any other fees associated with Your use of the Site related to raffles (a means of raising money by selling numbered tickets, one or some of which are subsequently drawn at random, the holder or holders of such tickets winning a prize), or other financial transactions on the Site, these will be Your responsibility to pay. You should consult Your tax adviser on any potential taxes or tax effects related to the raffle made through the Site.
If a raffle occurs, You agree that You understand and comply with all federal, state, and local regulations that apply to raffles and the sale of raffle tickets through our Site. You further agree that You shall indemnify, defend, and hold MSF, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and/or other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to raffle activities.
13. Notice for California Residents. Under California Civil Code Section 1789.3, we provide the following consumer rights notice: (a) we are located at 117 W. El Prado Drive, San Antonio, TX 78212; (b) all charges made through the Site are for the purchasing of memberships and/or tickets to events; and (c) if you have a question or complaint regarding this Site or MSF’s services, please send an email to email@example.com. You may also contact us by writing to the address listed above, or by calling us at (210)821-6094. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15. Class Action Waiver. YOU AND MSF EACH IRREVOCABLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16. Injunctive Relief. Notwithstanding anything to the contrary, MSF will have the right to seek injunctive or other equitable relief in state or federal court located in Texas to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
17. Limitations of Actions. WITHOUT LIMITING THE EFFECT OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
20. Force Majeure. We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.
23. Entire Agreement. This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between MSF and you with respect to the subject matter hereof.
24. Miscellaneous. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by MSF to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.