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Nimblemind and its
affiliates provide their services to you subject to the
following conditions. If you visit, take a
course or shop at Nimblemind, you accept these
conditions. Please read them carefully. In addition,
when you use any current or future Nimblemind
service (e.g., Affiliate Program, Preferred Vendor
Program, Incentive Tuition Credits) or visit or purchase
from any business affiliated with Nimblemind,
whether or not included in the Nimblemind Web site,
you also will be subject to the guidelines and
conditions applicable to such service or business.
USE OF NAME
Nimblemind is wholly owned and operated by the
Nimble Mind Institute LLC for the purpose of providing
education and entertainment. Conditions applied to the
name "Nimblemind" in all its forms (e.g. Nimblemind,
NIMBLEMIND.NET, NIMBLEMIND.ORG, NIMBLEMIND.BIZ,
NIMBLEMIND.INFO, THE NIMBLE MIND INSTITUTE LLC, etc.)
apply to all inclusively and interchangeably.
PRIVACY
Please review our Privacy Policy Document, which also
governs your visit to Nimblemind, to understand our
practices.
ELECTRONIC COMMUNICATIONS
When you visit Nimblemind or send e-mails to us,
you are communicating with us electronically. You
consent to receive communications from us
electronically. We will communicate with you by e-mail
or by posting notices on this site. You agree that all
agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is
the property of Nimblemind or its content suppliers
or instructors and protected by United States and
international copyright laws. The compilation of all
content on this site is the exclusive property of
Nimblemind and protected by U.S. and international
copyright laws. All software used on this site is the
property of Nimblemind or its software suppliers and
protected by United States and international copyright
laws.
TRADEMARKS
Nimblemind, Nimblemind, Nimblemind.NET,
Nimblemind.ORG, Nimblemind.BIZ, Nimblemind.INFO, and
other marks indicated on our site are registered
trademarks of the Nimble Mind Institute, LLC, in the
United States and other countries. AND ALWAYS LEARNING,
and other Nimblemind graphics, logos, page headers,
button icons, scripts, and service names are trademarks
or trade dress of the Nimble Mind Institute, LLC. or its
subsidiaries. Nimblemind's trademarks and trade
dress may not be used in connection with any product or
service that is not Nimblemind's, in any manner that
is likely to cause confusion among customers, or in any
manner that disparages or discredits Nimblemind. All
other trademarks not owned by Nimblemind or its
subsidiaries that appear on this site are the property
of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by
Nimblemind or its subsidiaries.
LICENSE AND SITE ACCESS
Nimblemind grants you a limited license to access
and make personal use of this site and not to download
(other than page caching) or modify it, or any portion
of it, except with express written consent of
Nimblemind. This license does not include any resale
or commercial use of this site or its contents; any
collection and use of any product listings,
descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account
information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any
commercial purpose without express written consent of
Nimblemind. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of Nimblemind and our affiliates
without express written consent. You may not use any
meta tags or any other "hidden text" utilizing
Nimblemind's name or trademarks without the express
written consent of Nimblemind. Any unauthorized use
terminates the permission or license granted by
Nimblemind. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home
page of Nimblemind so long as the link does not
portray Nimblemind, its affiliates, or their
products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any
Nimblemind logo or other proprietary graphic or
trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for
maintaining the confidentiality of your account and
password and for restricting access to your computer,
and you agree to accept responsibility for all
activities that occur under your account or password.
Nimblemind does sell products for children, but it
sells them to adults, who can purchase with a credit
card. If you are under 18, you may use Nimblemind
only with involvement of a parent or guardian.
Nimblemind and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
Nimblemind and its affiliates respect the
intellectual property of others. Our instructors sign an
agreement pledging not to use copyrighted materials in
their courses without proper permissions received,
credit given and any royalties paid.
If you believe that your work has been copied in a
way that constitutes copyright infringement, please
contact us immediately. Though our instructors retain
full ownership of and responsibility for all course
materials, we will do everything in our power to address
an infringement situation, up to an including
termination of the instructors agreement and
cancellation of all undelivered courses in which the
offending material is a part.
RISK OF LOSS
All items purchased from the Nimblemind Store are
made pursuant to a shipment contract. This means that
the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Nimblemind and its affiliates attempt to be as
accurate as possible. However, Nimblemind does not
warrant that the descriptions of products offered in the
Nimblemind store or other content of this site is
accurate, complete, reliable, current, or error-free. If
a product offered by Nimblemind itself is not as
described, your sole remedy is to return it to the
manufacturer or manufacturer's agent in unused
condition. Nimblemind does not receive or process
returns of product other than logo apparel and other
Nimblemind branded items.
COURSE DESCRIPTIONS
Likewise, Nimblemind and its instructors attempt
to be as accurate as possible. However, Nimblemind
does not warrant that course descriptions or other
content of this site is accurate, complete, reliable,
current, or error-free. If a course offered by
Nimblemind itself is not as described, your sole
remedy is to file a request for a tuition credit
pursuant to our CREDIT POLICY.
OTHER BUSINESSES
Parties other than Nimblemind and its
subsidiaries may offer services or products through an
association with Nimblemind. In addition, we provide
links to the sites of Preferred Vendors and certain
other businesses. And also in addition, our instructors
may produce course materials or other materials which
include links to web sites both affiliated and not
affiliated with Nimblemind. We are not responsible
for examining or evaluating, and we do not warrant the
offerings of, any of these businesses or individuals or
the content of their Web sites. Nimblemind does not
assume any responsibility or liability for the actions,
product, and content of all these and any other third
parties. You should carefully review their privacy
statements and other conditions of use.
APPLICABLE
LAW
By visiting Nimblemind, you agree that the laws
of the state of Maine, without regard to principles of
conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you
and Nimblemind or its affiliates.
ARBITRATION OF DISPUTES
Any dispute relating in any way to your visit to
Nimblemind or to courses or products you purchase
through Nimblemind shall be submitted to
confidential arbitration in Rockland, Maine except that,
to the extent you have in any manner violated or
threatened to violate Nimblemind's intellectual
property rights, Nimblemind may seek injunctive or
other appropriate relief in any state or federal court
in the state of Maine, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under
this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings
or otherwise.
ESCALLATION
Any Web-site or policy related complaints not
immediately resolved through normal interaction with our
instructors, support personnel or other means provided
by Nimblemind should be send by registered mail to
our Chief Technical Officer for prompt action.
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