1. Please read the following terms and conditions of the mymind.org / mymind.ie Agreement carefully and in its entirety. If you agree to the following terms you may view or use any of mymind.org / mymind.ie modules and/or services. If you do not wish to be bound by the terms and conditions of this Agreement, you may not view or use any of e-mymind.org modules and/or services.
2. All references to mymind.org / mymind.ie in this Agreement shall include the website, forums and discussion groups, and its directors, officers, employees, shareholders, agents, affiliates, and attorneys, as applicable.
3. Access to view and/or use mymind.org / mymind.ie modules and services are intended for all individuals. However the perentall/legal guardian consent form is required for individuals under eighteen years of age.
4. Any amendment, change, or modification of this Agreement shall be made only under the express written direction of mymind.org / mymind.ie. This will be done through the posting of any amendment, change, or modification of this Agreement on the mymind.org / mymind.ie website. Any viewing or use of mymind.org / mymind.ie by you shall be deemed an acceptance by you of any amendment, change or modification of this Agreement by mymind.org / mymind.ie.
5. You may view and/or use mymind.org / mymind.ie module and services subject to the terms and conditions of this Agreement. You may download or print a copy of any information provided by mymind.org / mymind.ie for your personal use only. Any other use in framing, downloading, or printing a copy of any information provided by mymind.org / mymind.ie is expressly prohibited unless prior written consent is specifically provided by the holder of the copyright of the information and by mymind.org / mymind.ie.
6. MyMind does not guarantee or warrant that mymind.org / mymind.ie is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. MyMind does not assume any responsibility for your use of any information or data taken from said website.
7. MyMind DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH mymind.org / mymind.ie, EXCEPT AS OTHERWISE SPECIFIED BY mymind.org / mymind.ie. Mymind.org / mymind.ie DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH mymind.org / mymind.ie.
8. MyMind shall not be liable to anyone for any act or omission taken in reliance upon any information provided by mymind.org / mymind.ie. You may not use mymind.org / mymind.ie for any unlawful purpose or for that which is prohibited by this Agreement. MyMind may deny you access to MyMind at any time for any reason at the sole discretion of mymind.org / mymind.ie.
9. MyMind shall not be liable for any damages whatsoever, including but not limited to, damages for personal injury or wrongful death, loss of business profits, business interruption, or loss of data, arising out of the viewing or use of, or inability to view or use, mymind.org / mymind.ie modules and services, or for any reason whatsoever. You agree to fully defend and indemnify mymind.org / mymind.ie from any legal action arising from your viewing or use of mymind.org / mymind.ie modules and services. You are solely responsible for communications and/or materials you post on mymind.org / mymind.ie modules and services.
10. MyMind does not and cannot review all communications and/or materials posted on its module and discussion groups, and, as such, is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and mymind.org / mymind.ie has the right to block or delete any communications or materials, on mymind.org / mymind.ie module and services that may:
1. be libellous, defamatory, or disclose private or personal information about another person, indecent, obscene, offensive, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking,
2. violate the privacy and/or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information,
3. interfere with the viewing or use by others of mymind.org / mymind.ie module and services, use simultaneous, unattended or continuous connections to mymind.org / mymind.ie, or post or transmit any file containing any viruses or any contaminating or destructive code or features,
4. be requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the forums, discussion groups, and services on mymind.org / mymind.ie, or
5. be deemed unacceptable for any reason by mymind.org / mymind.ie. MyMind may take steps, if deemed necessary, to investigate any violation of this Agreement, including the recording of any communications or materials in its module and services.
11. You further agree that your registration for any module, forums, discussion groups, and services in mymind.org / mymind.ie is true and correct, and that if any information in your registration changes, you will correct your registration immediately, you will not allow another person to have access to any forums, discussion groups, and services in mymind.org / mymind.ie under your registration, you will not impersonate any other person or entity in any forums, discussion groups, and services in mymind.org / mymind.ie, you will not post any communications or materials that you know or reasonably should know is false, you will not mislead others about your identity, education, credentials, knowledge or experience, and that you will not collect any information whatsoever about other users of mymind.org / mymind.ie.
12. The parties to this Agreement agree that any claim, controversy, or dispute arising out of any viewing or use of mymind.org / mymind.ie shall first be subject to mediation between the parties; in addition, such mediation will be conducted in accordance within the rules and procedures of the Chartered Institute of Arbitrators - Irish Branch, the Law Society of Ireland, Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree. In the event the dispute is not resolved by mediation, the parties agree that any such unresolved dispute shall be subject to binding arbitration under the rules and procedures of the Chartered Institute of Arbitrators - Irish Branch, the Law Society of Ireland, Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree, and that they are waiving their right to a jury or court trial. However, the arbitrator(s) of such dispute may not be individuals who previously served as the mediator of the dispute. Said mediations or arbitration's shall be conducted in Dublin, and Arbitration's shall require a panel of three arbitrators. Judgment upon the award entered by the arbitrators shall be binding upon the parties and may be entered by either party in a court of competent jurisdiction. The costs of mediation shall be split equally by the parties. The costs of arbitration shall be subject to an order of the panel of arbitrators. The prevailing party shall be entitled to an order awarding it all reasonable costs and attorneys' fees incurred by reason of the dispute, including the costs of any expert witnesses or consultants.
13. Notices hereunder must be in writing and must be delivered by An Post, addressed as follows. Notices to mymind.org / mymind.ie must be addressed to: MyMind, attention: Mr. Krystian Fikert, 1 Chelmsford Road, Ranelagh, Dublin 6. Notices shall be deemed effective ten business days after deposit with the An Post Service.
14. The parties agree that, regardless of any statute, rule, or regulation to the contrary, any claim or cause of action against the other party arising out of or relating to this Agreement or viewing or use of mymind.org / mymind.ie must be filed within one year after such claim or cause of action arose.
15. MyMind is not responsible for delays or failure in performance resulting from acts beyond the control of mymind.org / mymind.ie Such acts shall include but are not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.
16. No alleged past or present written or oral agreement or representation, course of conduct by you or mymind.org / mymind.ie, or any trade practice shall act to modify this Agreement. The provisions set forth in this Agreement are the only terms and conditions of the Agreement. The provisions of this Agreement shall be severable; in the event any portion of this agreement is deemed unenforceable, such unenforceability shall not affect the enforceability of the remaining portions of the Agreement.
17. This Agreement incorporates by reference all other Agreements contained in the mymind.org / mymind.ie website in their entirety.
18. I have read and accepted the above terms and conditions and I understand and agree to be bound by the terms and conditions of this Agreement. If I do not wish to be bound by the terms and conditions of this Agreement, I may not view or use any of mymind.org / mymind.ie module and services.
