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YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. mindSHIFT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. mindSHIFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL mindSHIFT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF mindSHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNIFICATION BY YOU
By using the Site, you agree to indemnify, defend and hold harmless mindSHIFT, its employees, directors, officers, agents and affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to your use of the Site or the material provided therein, any breach by you of these Terms of Use and any use by mindSHIFT or its related companies of information provided by you.
TERMINATION/ACCESS RESTRICTION
mindSHIFT reserves the right, in its sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice.
PRIVACY POLICY
You may submit personal or company information to mindSHIFT through the Site. The use of such information is governed by the mindSHIFT Privacy Policy
GENERAL
The Site is controlled and operated by mindSHIFT from its offices in Reston, Virginia. This agreement will be construed in accordance with the laws of the state of Virginia without regard to any conflict of law provisions. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in Fairfax County, Virginia. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and mindSHIFT as a result of this agreement or use of the Site. mindSHIFT's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mindSHIFT's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by mindSHIFT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mindSHIFT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mindSHIFT with respect to the Site. In the event that any of these Terms of Use conflict with the any other terms and guidelines contained within the Site, then these Terms of Use shall control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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