MindSpark Terms of Use
Last modified: October 3, 2024
Please review this Terms of Use (“Terms”) agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of MindSpark (“Company” or “we” or “our” or “us”), including the Company websites located at https://www.mindspark.org/ and all subdomains thereof (the “Site”) offered by MindSpark. The Site along with any content, products and services made available on or through the Site are known collectively as the “Services”. Your use of the Services is governed by this Agreement regardless of how you access the Services.
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES.
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1. Acceptance of Terms
The Services are made available by MindSpark subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including by email or by posting the revised version of this Agreement on the Site or in connection with the Services. This Agreement was last revised as designated by the “Last Modified” legend at the top of this Agreement. Your access to or use of any of the Services following any changes to this Agreement will constitute your acceptance of those changes. Modifications to the Agreement shall not apply to any outstanding disputes arising prior to the “Last Modified” date or the date as the changes were otherwise notified to you. When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to those Services, which are hereby incorporated by reference. In the event of a conflict between the provisions of this Agreement and the applicable Services agreement, the terms of the applicable Services agreement shall govern.
The Services are designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of 13 through our Services.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.​​
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2. Change of Terms
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You should frequently review this Agreement and any other applicable policy from time-to-time to understand the Terms that apply to the use of the Services. In continuing to use the Services, you confirm that you accept the then current Terms in full at the time you use the Services.
​If any part of any of the Services is suspended, modified, or discontinued, or if a technical error occurs, information, data, or content created or provided by you in connection therewith may be deleted or become inaccessible. Therefore, you should not exclusively rely on, and agree not to exclusively rely on, the Services to store or preserve any such information, data, or content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including any content, feature, or product, in whole or in part.
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3. Services
Our Site allows users to browse, view, choose and purchase various services, including [OnDemand Unlimited subscriptions and Certifications] . We provide our Site to complement our services, and all information on the Site is for informational purposes only. We may, in our sole discretion, change, delete, update, modify, or otherwise alter services at any time without providing you notice, and in addition, we may change the pricing, and availability of services in our sole discretion at any time without providing you notice.​
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4. Services Information
We provide users of the Services with access to certain content, products, and services, which may include: (a) live streaming media (e.g., webcasts and groupcasts) and on-demand streaming media; (b) downloadable audio and video courses; (c) simulated testing software; (d) downloadable presentation materials; (e) downloadable publications; (f) blogs; (g) transcripts; and (h) Certifications and badges.
The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors, such as your location, the content being streamed or downloaded and the speed of your Internet connection. We make no representation or warranty regarding access to content available through or in connection with our Services, including the quality of streaming content and the download speed of downloadable content.​​
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The content provided through or in connection with the Services is designed to provide general information on the subject matter covered.
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5. Use of Service
We have made the Site available to you for your own personal, non-commercial use. We reserve the right to modify, withdraw, or deny access to this Site and any material we provide on the Site in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
If we become aware of any possible violations of this Agreement, or if we, in our sole discretion, determine that you breached any portion of these Terms or have otherwise demonstrated conduct inappropriate for the Services, we reserve the right to:
a. deactivate your Account;
b. investigate your behavior, including any possible violations;
c. refer the matter to, and cooperate with any applicable legal authorities;
d. disclose any information in the Services to comply with applicable laws, legal processes, or governmental requests;
e. enforce this Agreement;
f. pursue any other action that we deem appropriate.​
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6. Account Creation and Security
To access certain features of our Services you must be a user (“Registered User”) who has a registered customer account (“Account”). Registered Users may view information within their Accounts
You may create an Account by visiting our Site and clicking [“Create and Account”] or by visiting [https://www.mindspark.org/plans-pricing]. There, you must enter the information requested, such as your first and last name, email address, mobile number, and a password. Once you enter the requested information and click [“submit,”] we will send an email to the email address you listed to verify your email address and activate your Account. Upon activation of your Account, we will send you another email via our third-party vendor to confirm the creation of your Account.
It is a condition of your use of the Services that all information you provide to the Services is correct, current, and complete. You agree that all information you provide to register, including, but not limited to, through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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If you create, or are provided with, a user name, password or any other piece of information as part of our security procedures and account registration, you must maintain this information as confidential, and you must not disclose it to any other person or entity or put it in position to be disclosed to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services through the sharing of your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or Account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
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7. Information submitted by you through the Services
Your submission of information through or in connection with any of the Services is governed by our Privacy Policy, which is located at https://www.mindspark.org/privacy-policy (the “Privacy Policy”). You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly​
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8. Rules of Conduct
You must comply with all applicable laws, rules and regulations while accessing or using any of the Services. Users must also respect the rights and dignity of others. Your use of the Services is conditioned upon your compliance with the rules set forth in this section. You must not:
A. Post, transmit, or otherwise make available, through or in connection with the Services, (a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
B. Use the Services (a) to defame, abuse, harass, stalk, threaten, harvest, or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or submissions; or (c) for any other fraudulent or unlawful purpose.
C. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or other Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
D. Restrict or inhibit any other person from using any of the Services including by hacking or defacing the Site.
E. Use the Services to advertise or offer to sell or buy any goods or services.
F. License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services, or any access to or use of the Site or Services.
G. Modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble the Site or Services.
H. Remove any copyright, trademark or other proprietary rights notice from the Services or any materials available on or through the Services.
I. Frame or mirror any part of the Site or Services without our express prior written consent to do so.
J. Systematically download or store content from the Site or Services.
K. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Services or in connection with the Services, or reproduce or circumvent the navigational structure or presentation of the Site or Services without our express prior written consent to do so. Notwithstanding the foregoing, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
L. Create a service or app that accepts or uses your Account credentials. You may not use an unauthorized app to access our Services.
M. Attempt to bypass any of our security controls or APIs to access our Services.
Additionally, you acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use any of the Services, and paying all charges related thereto.
We may terminate your use of any or all of the Services for any conduct that we consider to be inappropriate or for your breach of this Agreement, including the Rules of Conduct set forth above including if you repeatedly engage in copyright infringement via or in connection with the Services.
9. Intellectual Property
The Services and all its content, including, without limitation, all text, software (including source code), designs, icons, graphics, images, audio visual materials, selection, coordination, and information (“Site Materials”) is the proprietary property of MindSpark, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-commercial license to browse, access and view the Site Materials made available to our users. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
d. If we provide Instagram, Facebook, Pinterest, TikTok, or other social media platform (collectively , “Social Media”) with certain content, you may take such actions as are enabled by such features.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any Service or Site Materials in any way for any public or commercial purposes. Also, Site Materials may not be displayed or communicated on any other platform, in a networked computer environment, or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use the Services and Site Materials will automatically terminate and any copies made of Site Materials must be immediately destroyed. Any unauthorized use of the Services or Site Materials may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
[MindSpark Learning and MindSpark] and all related graphics, logos, and service marks are trademarks of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, service marks, and trade names that may appear within the Services are the property of their respective owners. Nothing contained in the Services should be construed as granting, by implication or otherwise, any license or right to use any trademark without our prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on or within the Services, except as provided herein, is strictly prohibited.
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10. Third Party Content; Links
The Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. The Services may provide or incorporate links to other web sites and online resources that include Third Party Content. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third-Party Content via the Services at any time. Your access to or receipt of Third Party Content via the Services does not imply our endorsement of, or our affiliation with any provider of, such Third-Party Content. Also, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy. This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Content. YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.
We shall have the right, at any time, to block links to the Services through technological or other means without prior notice.
11. Disclaimer of Warranties
THE SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING THIRD PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.​
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12. Limitation of Liability
The laws of certain states and jurisdictions do not allow the limitation of liability or certain damages. If these laws apply to you, some or all of the below limitations may not apply to you, and you may have additional rights.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF ANY OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR FROM ANY CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICES BY US OR ANY THIRD PARTY. OR RESULTING FROM ANY RECORDINGS MADE BY US OR OUR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT RESULTING IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION. ​
While we try to maintain the integrity and security of the Services and the servers from which the Services are operated, we do not guarantee that the Services will be or remain secure, complete, or correct, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Also, third parties may make unauthorized alterations to the Services. If you become aware of any unauthorized third-party alteration to the Services, contact us at Support@mindspark.org with a description of the material(s) at issue and the URL or location on the Services where such material(s) appear.
13. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Service’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.​
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14. Termination
This Agreement is effective until terminated. We may terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon termination, your right to access or use the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Applicable sections of this agreement shall survive any expiration or termination of this Agreement.
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15. Governing Law and Arbitration
This Agreement is governed by the laws of the State of Colorado, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ANY RECORDING, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MINDSPARK INCLUDING OUR COLLECTION, STORAGE, USE AND DISCLOSURE OF INFORMATION PURSUANT TO OUR PRIVACY POLICY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT YOU AND MINDSPARK ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Jefferson County, State of Colorado, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
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16. Payments
a. When you place an order for Services on our Site, you must provide us with information from your valid credit card [(Visa, Mastercard, or any other issuer accepted by us)] or by [PayPal account] (“Payment Provider”, and “Payment Provider Account”). You agree to pay all charges listed in the checkout process when you submit an order in accordance with the fees, charges, and billing terms in effect at the time the charge is due and payable.
b. Your payment provider agreement governs your use of the designated payment provider account, and you must refer to the agreement, and not these Terms to determine your rights and liabilities.
c. By providing us with your payment provider account, you agree that we are authorized to immediately charge your payment provider account for all charges due and payable to us in connection with your order and that no additional notice or consent is required.
d. You agree to immediately notify us of any change in your billing address or payment provider account used for payment hereunder.
e. We use a third-party service provider for payment services. [We are compliant with PCI-DSS.] [We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor Stripe for authorization by your bank or payment provider. Information that you submit to the Site will be transmitted to and shared with these third parties, which may be located in other countries, in order to provide the Services, including but not limited to transaction processing and fraud protection.]
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17. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
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18. Entire Agreement
These Terms of Use, our Privacy Policy, together with all policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. ​
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19. Miscellaneous
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
The use of “including” is not exhaustive, unless qualified by words such as “only” or “solely.”
Notices to you may be made via posting to the Site or through the Services, by e-mail, or by regular mail, in our discretion. The Site or Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that 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. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
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20. Information or Complaints
If you have a question or complaint regarding the Services, please contact us by writing to: MindSpark Learning, 455 S. Pierce St. Lakewood CO, 80226, or by e-mailing us at Support@mindspark.org, or by calling us at 303-963-5390. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include payment information (such as credit card information) or other sensitive information in your e-mail correspondence with us. California residents may reach Consumer Information Center of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 800.952.5210.