ACCEPTANCE TERMS
Welcome to the MINDSET HOLDING website. By using the MINDSET HOLDING Site, you acknowledge that you have read and agree to be bound by these Terms and Conditions. If you do not agree with these terms, you should exit the MINDSET HOLDING Site.
MINDSET HOLDING may at any time, and without notice to you, modify, update, or otherwise change these Terms and Conditions, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Spirt Avert Site at http://www.mindsetholding.ch from time to time to review the current Terms and Conditions.
ACCEPTABLE USE
MINDSET HOLDING grants you the right to browse, view, download, and print the various documents and information available on the MINDSET HOLDING Site (collectively, the “Content") subject to these Terms & Conditions.
Documents such as white papers, press releases, FAQs, and other such material provided on the MINDSET HOLDING Site may be downloaded and used for non-commercial purposes, provided that the copyright notice is maintained on the documents, and no modifications of the documents are made.
Framing or deep-linking to Content contained within the MINDSET HOLDING Site is permitted only with MINDSET HOLDING’s prior written authorization. By hyperlinking to the MINDSET HOLDING Site, you automatically grant MINDSET HOLDING the unrestricted right to hyperlink to your website at no cost to MINDSET HOLDING.
OWNERSHIP OF CONTENT
Various aspects of the MINDSET HOLDING Site are protected by trademark, trade-dress, copyright, unfair competition, and other intellectual property laws. Any and all intellectual property rights associated with the Content of the MINDSET HOLDING Site (including graphical design features, arrangement of the Content, HTML code, and the like) are the sole property of MINDSET HOLDING, and may not be copied, reproduced, modified, uploaded, transmitted, distributed, or otherwise used except as provided in these Terms and Conditions.
Except as expressly provided herein, MINDSET HOLDING does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the MINDSET HOLDING Site.
NO LIABILITY
MINDSET HOLDING assumes no responsibility for content downloaded, uploaded, stored, transmitted to, or otherwise processed by the MINDSET HOLDING site. Accordingly, if you choose to use the MINDSET HOLDING site, you do so at your own risk. For example, you achnowledge that you are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the internet, including the MINDSET HOLDING site.
In no event shall MINDSET HOLDING or its parent or affiliated companies or any other party involved in creating producing, or delivering the MINDSET HOLDING site be liable for any damages, including, without limitation, direct, special, consequential, indirect, exemplary or puntitive damages (including, without limitation, loss of profits, business interruption, corruption of content, and loss or inaccuracy of information), arising out of the use or inability to use the MINDSET HOLDING site, whether or not such damages were foreseeable and even if MINDSET HOLDING was advised that such damages were likely or possible.
NO WARRANTY
MINDSET HOLDING does not warrant that access to the content included on the MINDSET HOLDING site will be uninterrupted or error-free and reserves the right to revise the MINDSET HOLDING site or withdraw and/or restrict your access to the MINDSET HOLDING site at any time.
The service covered under this agreement is provided “as-is” and “as-available” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow or otherwise govern the scope of exclusions of implied warranties, so the above exclusions may not apply in full.
NO LIABILITY FOR THIRD-PARTY SITES
MINDSET HOLDING may include links to sites that are owned or operated by third parties. You acknowledge that MINDSET HOLDING has no control over the content of any such third-party sites and is not responsible for material created or published therein. By hyperlinking to a third-party site, MINDSET HOLDING does not imply that MINDSET HOLDING is associated with or otherwise endorses the site or products or services referenced in the third-party site.
INDEMNITY
You agree to indemnify and hold MINDSET HOLDING and its vendors, service providers, parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the MINDSET HOLDING Site.
SUBMISSION OF INFORMATION
You are welcome to contact MINDSET HOLDING by sending information through the Internet to the MINDSET HOLDING Site. By submitting any such information, whatever its form, nature, or content (including without limitations any remark, suggestion, idea, graphic, etc.) you are warranting and representing to MINDSET HOLDING that you own the information submitted, that it is in the public domain, or that you are submitting it with the express permission of the owner. Furthermore, you are warranting and representing that the information is not unlawful, threatening, defamatory, pornographic, obscene, and does not violate any third party rights.
MINDSET HOLDING is under no obligation to use the information submitted, and any such information will not be treated by MINDSET HOLDING as confidential. By submitting information to MINDSET HOLDING, and except as provided in our Privacy Policy, you grant MINDSET HOLDING a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, display, adapt, and publish the information.
NO RESALE
You agree not to reproduce, duplicate, sell, copy, resell, or otherwise exploit for any commercial purposes, any portion of the MINDSET HOLDING Site.
UNSOLICITED COMMERCIAL E-MAILS
You acknowledge that MINDSET HOLDING would be irreparably harmed by your use of MINDSET HOLDING ‘s facilities in connection with the transmission or relaying of a substantial number of unsolicited e-mail messages ("Spam") in violation of the Terms and Conditions, and that MINDSET HOLDING is entitled to obtain injunctive relief in addition to all other available remedies against any such transmission. MINDSET HOLDING reserves the right to block, filter, or delete any such Spam.
PRIVACY POLICY
MINDSET HOLDING respects the privacy of its users. MINDSET HOLDING and/or its parent or affiliated companies collect names and e-mail addresses and other such information when voluntarily submitted by our on-line visitors. Such information is used only to respond to your questions and comments, or fulfill your order of MINDSET HOLDING products and/or services. If you elect to receive e-mail updates, your information may be shared with other MINDSET HOLDING business units and you may receive product information from them as well. If upon receipt of an e-mail update from MINDSET HOLDING you decide that you no longer wish to receive updates, you may elect to be removed from our mailing list and we will use reasonable efforts to carry out your request. MINDSET HOLDING reserves the right to disclose information regarding its users if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements or protect the rights, property, or personal safety of MINDSET HOLDING , its users, or the public. For detailed information regarding MINDSET HOLDING’s use of registration data and other user information, please read our Privacy Statement.
TERMINATION
MINDSET HOLDING reserves the right at any time to modify or discontinue, temporarily or permanently, the MINDSET HOLDING Site (or any part thereof) with or without notice. MINDSET HOLDING may also change your priority of access to the MINDSET HOLDING Site with respect to other users. MINDSET HOLDING may modify or update the MINDSET HOLDING Site at any time without notice.
ENTIRE AGREEMENT
These Terms & Conditions shall constitute the complete and exclusive agreement between you and MINDSET HOLDING. While MINDSET HOLDING reserves the right to modify the Terms and Conditions at any time, the terms may not be modified by you unless both you and an authorized representative of MINDSET HOLDING execute a separate written agreement. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this agreement.
GOVERNING LAW AND JURISDICTION
Any disputes between MINDSET HOLDING and you arising out of, or in connection with, your use of the MINDSET HOLDING Site, shall be exclusively governed by, and construed under, Swiss law, and exclusively and finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with said rules. The place of arbitration shall be Zurich, Switzerland, and the language to be used in the arbitration proceedings shall be German.
PRIVACY STATEMENT
MINDSET HOLDING is committed to protecting your privacy and security online. Please read the following policy so that you will fully understand how your personal information will be treated as you use MINDSET HOLDING Site. Our policy may change from time to time, so please check back periodically.
What personally identifiable information do we collect, and who is collecting it?
When you purchase items through MINDSET HOLDING , we may ask you to enter information regarding your company, name, address, e-mail address, and phone number. From time to time we and/or our partners may sponsor contests, sweepstakes, and special services that will require more information. This information will help us to better customize your MINDSET HOLDING experience. Additionally, if you contact MINDSET HOLDING , we may keep a record of that correspondence. Wherever MINDSET HOLDING collects personal information we will provide a link to this Privacy Policy. MINDSET HOLDING partners or websites that have links on our site may collect personal information about you. Please be aware that the information collected by these partners or websites is not covered under this privacy statement.
How do we use the information we get?
MINDSET HOLDING collects information in order to provide our users with personalized and customized service. We may also use the information to estimate our audience size and measure traffic patterns. We will often use the information we collect to notify you of important functionality changes to MINDSET HOLDING , new services, and special offers or contests that we think you’ll find valuable. If you would rather not receive such information, please contact us at . If you have more than one MINDSET HOLDING account, make sure you change your preferences for each account or e-mail name you have with us. MINDSET HOLDING researches our user demographics and interests base.