1. ACCEPTANCE OF AGREEMENT
Mind Ahead LLC or Mind Ahead solely owns Smartduu (www.smartduu.com), a provider of software services and website to you. By utilizing Smartduu website and services you hereby accept and agree to be bounded by the following terms and provisions stipulated in this agreement. Terms of Service (TOS) may have some revisions and updates from time to time without prior notice. In addition, upon using any of the Mind Ahead owned and operated services, you will be bounded to adhere to guidelines and rules as posted by Mind Ahead. Such guidelines are subject to change from time to time. Kindly review the latest version of Terms of Service at http://www.Smartduu.com/terms-of-service to keep you posted of any updates. All written guidelines and rules are incorporated in reference to the Terms of Service. Other services from Mind Ahead are also offered under a different terms of service.
2. DEFINITION OF SERVICE
As a user, you will have access to the vast collection of media resources, which includes personalized content, search services, communication tools throughout its network that can be accessed via any device or medium and now known as the Service developed by Mind Ahead and is subject to the Terms of Subject as stipulated herein.
You agree that in order for Mind Ahead to provide its services, advertisements are needed. Service announcements, newsletters, admin messages, notices are part of the Service used by Mind Ahead for communications, these are now part of your user membership. New features and enhancements of such services as released by Mind Ahead are all subject to the Terms of Service as agreed upon.
You clearly agree and understand that all the services provided by Mind Ahead are provided in a “AS IS” “WHERE IS” basis and therefore not responsible for the deletion, timeliness, failure to store or undelivered content of personalized and user communications settings. Obtaining access to the Service as provided by Mind Ahead is your sole responsibility since this will involve third party company such as the internet provider, internet fees and airtime charges which you will shoulder. Fees associated with advertisement display and delivery including the equipment or device you will use to access the Service is your own provision.
3. USER REGISTRATION OBLIGATIONS
As the user you are dutifully represented as an adult of legal age in order to make this contract legally binding and not an individual barred from getting such services under the strict compliance of the laws of the United States or under various applicable jurisdictions. You are expected to truthfully provide the following: (a) accurate, current, complete truthful personal information as prompted by the registration procedures for the Services as required “Registration Data” and, (b) will maintain and update the given information to make it accurate and current. Violation of such regulations is a reasonable ground for Mind Ahead to discontinue, suspend and terminate your account and will lead to the refusal of all current and future use of the Service or portions thereof.
5. MEMBER ACCOUNT, SECURITY, and PASSWORD
Account designation and a password must be created to comply with the procedures of Service registration. It is your sole responsibility to keep the confidentiality of your chosen password and maintenance of your account. Any action or activity that occurred through your account and password is your own responsibility. In case of unauthorized use of your account and password; or other breach of your account’s security you are hereby oblige to (a) notify Mind Ahead immediately, and (b) to make sure that you properly exited from your account after each session to ensure safety. Mind Ahead will and cannot be liable for any damage and/or loss resulting from your failure to comply with the TOS under this Section No.5.
6. MEMBER CONDUCT
All data, information, software, music, sound, text, video, photographs, images, tags, messages, and other materials (content), whether transmitted and/or posted publicly or privately (referred to as “content”), are the sole responsibility of the individual from whom such data originated. Mind Ahead is not responsible for any content you posted or transmitted under your account. As the user, you understand that it is your sole responsibility to whatever type of Content you use via post, email, transmission, sharing or downloads through the Service. Posted Content through the Service is not guaranteed to be accurate, truthful or of quality which Mind Ahead has no full control over the said Content.
It is in your understanding that by utilizing the Service from Mind Ahead you’ll be exposed to various Content that could be inappropriate, offensive, vulgar or objectionable. Mind Ahead will not be accountable or liable for such content, including omissions or errors in the Content, or losses or damages resulting to the use of such Content posted, shared, emailed, transmitted or in whatever platform the Content was delivered that are available to you through the Service.
You fully understand and agree not to use the Service to:
- A. Upload, email, transmit, post, share or in other medium to make available the Content in an unlawful, abusive, vulgar, obscene, harassing, defamatory, libelous, harmful, malicious, threatening, racist, discriminating, hateful or objectionable and or invasive of one’s privacy;
- B. harm or malign minors in any way;
- C. maliciously impersonate or assume any entity or personality, including but limited to an official of Mind Ahead, forum master/leader, host, guide, staff or create false statements under misrepresentation with any entity or person;
- D. forge or counterfeit any headers or manipulate forms of identity in order to hide the origin of the Content transmitted and/or acquired via the Service;
- E. post, email, share, upload, transmit by any other means to make available the Content which under any law you do not have a right to or is unauthorized to disseminate. Material or content under a contract or fiduciary relationships (as in transmitting of confidential information or disclosing any learned information as part of an employment agreement or under a non-disclosure clause);
- F. post, email, share, upload, transmit by any other means to make available the Content that bridged any trademark, copyright, patent, trade secret, or any other propriety or intellectual property rights of any organization, company or party;
- G. post, email, share, upload, transmit by any other means to make available any unauthorized or unsolicited promotional and advertising materials, with an exception on advertisement seen on shopping pages which are duly designated for that purpose; in no way that a spam, junk mail, Ponzi Schemes, pyramid, chain letters or the liked are allowed;
- H. post, email, share, upload, transmit by any other means to make available any content/material which may contain software viruses or any computer codes, corrupted files or programs that are created to destroy, hack, interrupt or limit the functionality of any type of computer software or hardware or communications equipment;
- I. engage in malicious activities such as disrupting or manipulating normal flow of dialogue, causing a screen to scroll down/up faster than other Service users which can negatively affect the typing or viewing experience, disrupting the ability of other users to transact in real time;
- J. disrupt, interfere with the normal work flow of the Service or servers and or networks that are connected to the Service, or disregard any rules, policies, regulations, procedures and or requirements of connected networks to the Service;
- K. consciously, unintentionally or intentionally violate any applicable law which include but not limiting to local, state, national or international law, with inclusion of the regulations set by the United States Securities and Exchange Commission and any other rules of any security exchange, including but not limiting to, the American Stock Exchange, New York Stock Exchange or NASDAQ, and any rules under the force of law;
- L. provide resources or support either by hiding the true nature, source, location as well as ownership of resources of material support to any organization(s) identified as foreign terrorist by the United States government under the Immigration and Nationality Act law under Section 219;
- M. harass or stalk an individual or personality;
- N. collect or store personal information/data about other users as noted as prohibited conduct and activities as stated in paragraphs letters A to M above.
You hereby acknowledge that Mind Ahead has every option to screen or not pre-screen any Content, but Mind Ahead and its duly appointed designees have all the right to conduct pre-screening, refuse, transfer, and move any Content that is available through the Service. It is Mind Ahead’s discretion and not an obligation to conduct pre-screening of Content. Any Content that violate the Terms of Service or is objectionable, Mind Ahead and its representatives have all the right to remove such Content.
You therefore agree that it is your duty to assess, and take responsibility for the risks that may incur in using the Content, including the deciphering the Content’s reliability, accuracy, usefulness, and completeness. With this in mind, you hereby acknowledge that you may not depend on the Content accuracy and integrity, including and without limitation on the information found in forums, message boards and in all other parts of the Service as a whole.
You acknowledge and willfully agree that Mind Ahead may access, maintain and disclose your account information and Content if and when required by the law and/or in the event that such disclosure is needed for: (A) as compliance with legal procedures; (B) enforcement of the Mind Ahead TOS; (C) replying or responding to claims that associated Content violates the rights of an individual or third parties; (D) usage in line with customer service upon your request; or (E) the protection of the rights, property or personal safety of Mind Ahead, its employees, affiliates, principals. associates, users, and the general public.
As a user you fully understand that the technical procedures and transmission of the Service including your own Content may involve the following actions: (A) transmissions across different networks; and (B) revisions and necessary changes that will conform or adapt to the technical requirements of connecting various devices or networks.
You agree that the Service and software used within the Service may include security issues that allow digital materials to be subjected to the rules as stipulated by Mind Ahead and/or content providers. You will never attempt to tamper or override any of the set usage rules embedded within the usage of the Service. It is strictly prohibited for you to use the Content or materials as a whole or in part under the Service in an unauthorized manner such as reproduction, distribution, transmission, publication or public exhibition.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Mind Ahead NETWORK
You hereby acknowledged when using the services of Mind Ahead and its entity to send electronic communications this action will cause sending that particular communications through the Mind Ahead’s networks, which can be found in different locations within the United States, and in some areas located overseas.
This will result in transmitting communications via the Mind Ahead’s network of computers nationwide and/or overseas and deem to be considered as interstate in nature. Interstate communication will transpire as result of Mind Ahead’s business practices, network architecture and communications regardless of the physical location of the user at the exact time of transmission.
With your agreement to the TOS as set by Mind Ahead, you hereby agree to the fact that using the Service can result in interstate, local and overseas transmission of information.
8. NOTICE FOR INTERNATIONAL USE
Internet is global in nature and by this you hereby agree to comply with all local, national and international regulations regarding proper online conduct and to what Content are acceptable and appropriate. Applicable laws are strictly imposed with regards to the transmission of technical information exported from the United States or any other foreign country where you live.
9. SUBMISSION OR MADE AVAILABLE CONTENT FOR INCLUSION TO THE SERVICE
Any submitted or made available content that you wish to include as part of the Service, Mind Ahead will not claim ownership of the said content. However, the content you submit or make available for inclusion in the Service through publicly accessible places within the Service will grant Mind Ahead and its affiliate companies a royalty free, worldwide and non-exclusive license(s) that is applicable:
• Images, graphics, photos, video, or audio that you submitted or make available for inclusion on areas within the Service that is accessible by the public,; the authority to use, modify, adapt, reproduce, display and/or perform publicly and to distribute that particular Content on the Service. As long as you continue to avail of the Service from Mind Ahead such license and authority to use the Content in anyway coexist until such time you or Mind Ahead terminates or remove such Content from the provided Service.
• For other type of Content that you submit or make available on areas that have public access within the Service; the Content in whole in part together with its license to use, translate, transmit, distribute, modify, adapt publicly perform or display and reproduce Mind Ahead can incorporate such Content into any other format or in various medium known or develop for later.
• Any areas as part of the Service from Mind Ahead network of properties that are “publicly accessible” are deemed available to the general public or user.
You herby understand and agree that Mind Ahead and its Affiliates, its officers, employees, associates, agents, partners, and licensors are not liable for any claim or demand which include no obligation to shoulder any legal and/or attorney’s fees as claimed by any third party which resulted from the Content you post, transmit, submit or made available by using the Service. Such indemnity extend to the use of the Service, your violation of the Terms of Service, your relationship to the Service, and/or your own violation of any rights of another individual or user.
11. NO RESALE OF SERVICE
You fully agree not to sell, copy, reproduce, resell, duplicate and exploit for monetary gain or other commercial purposes any part of the Service which includes your own membership and ID, access and use of the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You hereby agree that Mind Ahead has the power to set limitations and create general guidelines regarding the usage of the Service. This will include without limitation the maximum period that an uploaded Content will be maintained by the Service; the set number of email message that will be transmitted via your account on the Service; the maximum number of times including the duration you are given access to the Service in a limited period of time.
Mind Ahead holds no liability and/or responsibility for any failure to store or deletion of messages through various platforms of communications as transmitted via the Service. You agree that Mind Ahead has all the right to log off accounts that are considered inactive for a designated period of time. This is part of the general practices or rules as set by Mind Ahead which is subject to change without prior notice.
13. SERVICE ADJUSTMENTS and MODIFICATIONS
Mind Ahead has full authority and has the right to modify, change or discontinue whether temporarily or permanently the Service (in part or in whole) with or without advance notice. You agree that Mind Ahead shall not hold any responsibility and not be liable to you or to any third party if such modification, changes, suspension, termination, discontinuance, or interruption of the Service for any reason.
It is in your understanding through this agreement that Mind Ahead has all the rights to terminate your account at any given time without prior notice; to deny full access to any/all Content provided by you or other third party which will include denying your access to the Service for the following reasons, but are not limited to:
a) Violations or breaches of the Terms of Service or other regulations and set agreements
b) Requests made by government agencies and/or law enforcements
c) Account termination or deletion made by you
d) Modification or discontinuance of any material (whole or in part) made via the Service
e) Unexpected technical or security issues and/or problems
f) Account inactivity for a certain period of time
g) If you engage in fraudulent or illegal activity using the Service
h) Non-payment of any type of fees associated with your account to use the Service
Termination of your account will include the following reasons but not limiting to:
(a) Removal of access to the Service offerings
(b) Password deletion and all related data associated with it
(c) Barring of further usage of the Service
In addition, you hereby agree that Mind Ahead will not be liable and responsible to you or to any third party for your account termination and/or suspension which include your access to Service and association with your email address.
15. DEALINGS WITH ADVERTISERS
Any correspondence, collaboration or business dealings, and or participation in promotions made by advertisers associated with Mind Ahead via the Service are solely your responsibility, and are between you and the advertiser. This will cover payments and delivery of any related products or services under any terms, conditions, warranties, agreements and/or representations associated with this transaction. Mind Ahead and its entire entity will be liable for loss or damage that may incur from the result of your dealings with advertisers.
Links to other websites or resources may be provided by the Service or may come from third parties. Mind Ahead has no control over third party sites and other resources. It is in your knowledge that Mind Ahead will not hold any liability or responsibility for the availability of external websites and resources; and does not promote any Content, products, services, promotions, advertising and other materials from external resources and websites.
17. Mind Ahead PROPRIETARY RIGHTS
You hereby agree that the Service and all pertinent software used associated with the Service have propriety and confidential data that is protected by laws and applicable intellectual property laws. Any content from sponsored advertisements or presented information to you via the Service is protected by trademarks, patents, service marks, rights, copyrights and applicable laws. With an exception if the said Content is provided and duly authorized by Mind Ahead wherein, you agree not to tamper and/or modify, sell, lease, rent, distribute nor create other work based on the software and Service in whole and in part.
18. DISCLAIMER OF WARRANTIES
YOU FULLY UNDERSTAND AND AGREE THAT:
A. AS A USER OF THE SERVICE IT IS SOLELY YOUR RISK SINCE THE SERVICE IS PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS. Mind Ahead, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE IMPLEMENTED MERCHANTS’ WARRANTIES, SERVED FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT.
B. Mind Ahead AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, WILL NOT CREATE WARRANTY ON: (i) THE AVAILED SERVICE THAT WILL COMPLY WITH YOUR REQUIREMENTS; (ii) THAT THERE WILL BE INTERRUPTION OF THE SERVICE, IS FREE OF ERROR, SECURE AND TIMELY; (iii) THAT THE EXPECTED RESULTS BY USING THE SERVICE WILL BE REALIABLE AND ACCURATE; (iv) THE QUALITY OF SERVICES, DATA, PRODUCTS, CONTENT OR OTHER MATERIAL GATHERED/PURCHASED BY YOU VIA THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (v) THAT ANY CORRECTIONS ON ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. IT IS IN YOUR SOLE DISCRETION AND RISK THAT ANY CONTENT OR MATERIAL OBTAINED THROUGH THE SERVICE IS YOUR SOLE RESPOSIBILITY. DAMAGE OR LOSS OF YOUR COMPUTER SYSTEM AND DATA OCCURRED AS A RESULT FROM YOUR ACTION IS ENTIRELY BY YOUR OWN DOING.
D. THERE WILL BE NO WARRANTY ON THE INFORMATION, NOTICE WHETHER ORAL OR WRITTEN OBTAINED BY YOU BY USING THE SERVICE OTHERWISE EXPRESSED IN THE TERMS OF SERVICE.
E. IF YOU AND YOUR FAMILY HAVE SOME EPILIPECTIC HEALTH CONDITION YOU ARE HEREBY INFORM THAT A SMALL NUMBER OF COMPUTER USERS WHEN EXPOSED TO SOME PARTICULAR IMAGES WITH LIGHT PATTERNS ON THE COMPUTER MONITOR AND/OR BY USING THE SERVICE MAY TRIGGER SOME EPILETIC ATTACK WITH SUCH SYMPTOMS SUCH AS DIZZINESS, VISION IMPAIRMENT, CONFUSION, LOSS OF MUSCLE COORDINATION, TWITCHES, INVOLUNTARY MOVEMENTS OR EVEN CONVULSIONS. IT IS IN YOUR BEST INTEREST TO CONSULT YOUR PHYSICIAN FIRST PRIOR TO USING ANY COMPUTER.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND FULLY AGREE THAT Mind Ahead, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO: LOSS OF PROFITS RESULTING FROM DAMAGES, USE, GOODWILL, DATA OR INTANGIBLE LOSSES OF SOME KIND EVEN IF SUCH LOSSES ARE KNOWN TO Mind Ahead. SUCH LIMITATIONS ARE RESULTS OF: (i) ACTUAL USAGE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF ACQUIRING GOODS AND SERVICES RESULTING FROM YOUR OWN PURCHASED OR MESSAGE RECEIVED OR OBTAINED OR TRANSACTIONS ENTERED INTO OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO ALTER YOUR TRANSMISSIONS OR DATA; (iv) CONDUCT OR STATEMENTS OF ANY THIRD PARTY WITHIN THE SREVICE; OR (v) ANY OTHER MATERIAL/MATTER CONNECTED OR RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU AS A USER.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service form Mind Ahead is intended to provide information only, and neither the Service nor the Content that are included herein are intended for investment or for trading. Mind Ahead and its licensors shall not be accountable or liable for the truthfulness, accuracy, functionality, usefulness and availability of any data and information transmitted or made available through the use of the Service, and shall never be liable or responsible for any investments or trading decisions based on gathered information.
22. NO THIRD-PARTY BENEFICIARIES
You fully agree that no third party will benefit to this agreement except otherwise stated on the Terms of Service.
From time to time Mind Ahead will be sending you notices, email, register mail or via postings on the Service regarding some changes or updates to the Terms of Service.
24. TRADEMARK INFORMATION
All logos, product, and service names related to these TOS are trademarks of Mind Ahead (the “Mind Ahead Marks”). Without Mind Ahead’s prior permission, you agree not to display or use in any manner the Mind Ahead Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Intellectual property of others is fully respected by Mind Ahead and users of the Service shall do the same. Any infringes whether repeated or intentional shall be dealt with proper actions under the discretion that would lead to the termination, disable and/or suspension of users’ accounts. In cases of copyright infringement and violation of intellectual property rights against your work, you or your authorized representative must immediately provide details of such violations to Mind Ahead’s IP Agent the details in a written manner signed by you (digital or physical letter).
A. Proper description of your claimed copyrighted work or intellectual property that has been infringed;
B. The location on the site and proper description wherein the material you claim is being infringed;
C. Personal data such as your address, contact numbers and email address;
D. A statement made under the presumption of truth and in good faith that the disputed misuse is not authorized by the intellectual property owner, its agent, or the law;
E. A detailed statement made by you under penalty of perjury that the above information is accurate and truthful, and that such copyright or intellectual property is rightfully yours.
Such notice must be submitted to Mind Ahead’s IP Agent by the following means:
3029 NE 188th st
Miami, Fl 33180
OR email to: email@example.com
26. GENERAL INFORMATION
ENTIRE AGREEMENT. The TOS constitutes the entire agreement between you and Mind Ahead and governs your use of the Service, superseding any prior agreements between you and Mind Ahead with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mind Ahead services, affiliate services, third-party content, or third-party software.
CHOICE of LAW AND FORUM. The Terms of Service (TOS) and the connection between you as the user and Mind Ahead shall be under strict compliance of the laws governing the State of Texas without regard to any principles of conflicts of law. You and Mind Ahead agree to submit the exclusive and personal jurisdiction of the courts sitting in and for the county of Dallas, Texas.
WAIVER AND SEVERABILITY OF TERMS. In the event Mind Ahead failed to exercise or enforce the provisions or any right as bounded by TOS shall not constitute a waiver of such particular provision or right. If any of the TOS provision found by court to be competent jurisdiction and deemed invalid, the parties concern agree that the court should endeavor to give effect to the parties’ goals as reflected on the said provision, and the other provisions that are in full effect remaining under the Terms of Service.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERIBILITY. You completely agree that your Smartduu account is nontransferable and any inclusive rights associated with your membership ID/account and all contents within it will be terminated upon your demise. Upon receiving a copy of a death certificate, your account will be terminated together with all the contents associated with it will be deleted permanently.
STATUTE OF LIMITATIONS. You are hereby given (1) one year to file a claim or to cause an action related to the use of the Service or the Terms of Service (TOS) under any statute or law to the contrary. After which, such claims will be forever barred.
All kinds of violations on these agreements as stipulated here in the Terms of Service must be reported immediately via email to firstname.lastname@example.org