Terms of Use

mindSHIFT TECHNOLOGIES, INC. WEBSITE TERMS OF USE


The following Terms of Use govern your use of the mindSHIFT Technologies, Inc. ("mindSHIFT") website (the "Site"). Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms of Use without modification. mindSHIFT requests that you carefully read the Terms of Use provided below before using the Site. If any of these Terms of Use are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.

mindSHIFT'S LICENSE TO YOU TO USE THE SITE
mindSHIFT grants you permission to view and to use the Site and to print individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use only. The Site is not intended for children under the age of 13. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Site. Without the prior written consent of mindSHIFT, you may not (a) modify the content of the Site for any purpose, (b) remove any copyright notice or other proprietary notices from the content of the Site, (c) transfer the content of the Site to another person or (d) allow any one else to copy any portion of the content of the Site.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to mindSHIFT that you will not use the Site or any of the content of the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Content provided on the Site is to be used for informational purposes only. mindSHIFT makes no representations about the suitability of such content for any purpose.

CHANGES TO THE SITE AND TERMS OF USE
mindSHIFT reserves the right to change, move or delete portions of or add to the Site and these Terms of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, mindSHIFT recommends that you read these Terms of Use each time you visit the Site.

PRODUCT AND SERVICE INFORMATION ON THE SITE
Unless indicated otherwise, the services described on the Site are available directly from or through mindSHIFT. mindSHIFT has made a conscientious effort to display and describe its services on the Site accurately so that you can get a good idea of the nature, character and implementation of the services offered. mindSHIFT is constantly improving its services in response to the latest technological advancements. Consequently, mindSHIFT cannot and does not guarantee that the services displayed or described to you on its website are or will remain accurate in every detail.

LINKS TO OTHER WEBSITES
The Site may contain links to other websites. mindSHIFT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mindSHIFT of the site or any association with its operators. While mindSHIFT will make every effort to ensure that these websites will meet your approval, mindSHIFT does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Site is linked. mindSHIFT is not responsible for webcasting or any other form of transmission received from any linked website. Any concerns regarding any product or service offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not to mindSHIFT.

mindSHIFT OWNS THE CONTENTS OF THE SITE
Except as otherwise noted, all information, trademarks, trade dress, content, and other materials on the Site, except proprietary material contained in websites linked to the Site ("mindSHIFT Proprietary Material") is the exclusive property of mindSHIFT. mindSHIFT Proprietary Material includes, but is not limited to, the mindSHIFT service mark and the mindSHIFT Technologies, Inc. logo, images, illustrations, designs, icons, photographs, and written information that appears on the Site. mindSHIFT Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms of Use, mindSHIFT grants no express or implied right to use any mindSHIFT Proprietary Material.

COPYRIGHTS AND TRADEMARKS
Excepted as otherwise noted, all contents of the Site are: Copyright © 2000 mindSHIFT Technologies, Inc. References throughout this website to terms that appear with (SM) or ® markings are considered proprietary trademarks, service marks and trade names owned by mindSHIFT. All rights not expressly granted herein are reserved by mindSHIFT.

THIRD PARTY COPYRIGHTED IMAGES
The images of individuals that appear on the Site have been licensed from third parties. The intellectual property rights associated with these images, including the copyrights, are the exclusive property of these third party licensors and mindSHIFT does not own any right, title or interest therein. The individuals featured in these images are models and are used for illustrative purposes only. These individuals are not employees of mindSHIFT and do not endorse mindSHIFT or its services.

mindSHIFT OWNS INFORMATION, SUGGESTIONS, IDEAS, ETC. THAT YOU SUBMIT
Any comments, suggestions, information, ideas or other submissions that you provide to mindSHIFT by using the Site or which are otherwise provided to mindSHIFT in connection with your use of the Site will become mindSHIFT's property. The act of providing any such suggestion, ideas, information, feedback, or materials constitutes an assignment to mindSHIFT of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to mindSHIFT. mindSHIFT will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, information, submission or suggestion provided by you and may remove or delete any such idea, information, suggestion or submission at any time in mindSHIFT's sole discretion. No information, material, or comment provided to mindSHIFT by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, information, suggestion, idea or other submission to mindSHIFT, you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas, information or submissions including, without limitation, all the rights necessary for you to provide the such comments, suggestions, ideas or submissions to mindSHIFT and for mindSHIFT to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.


DIGITAL MILLENIUM COPYRIGHT ACT, 17 U.S.C. § 512(c) NOTICE.

mindSHIFT Technologies has designated the agent identified below to receive notifications of claimed infringement of copyright pursuant to 17 U.S.C. §512(c):
Steven Robinson
Chief Legal Officer
212.253.3530
steven.robinson@mindshift.com
mindSHIFT Technologies
309 Waverley Oaks Road
Waltham, MA 02452