Our Terms of Service and DCMA and Fair Use

MACSMIND WEBSITE USER AGREEMENT. BY ACCESSING THIS SITE YOU TO BE BOUND BY THE FOLLOWING:

You may view, copy or print pages from this site solely for personal, noncommercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express written permission of MACSMIND. Additionally, without the express prior written authorization of MACSMIND, you may not:

use any data mining robots(“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or similar data gathering and extraction tools, scripts, applications, or methods on this site;

use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;

take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;

decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;

use any meta tags or any other “hidden text” utilizing MACSMIND’ name or any MACSMIND trademark without MACSMIND prior written permission;or

frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MACSMIND or use any MACSMIND trademark except as set forth in section 6 and in our Website Use Terms and Conditions.

MACSMIND WEBSITE TERMS AND CONDITIONS. BY ACCESSING THIS WEBSITE YOU AGREE TO THE FOLLOWING.

Permission to make and internally use copies of the text, graphics, images, video and audio files and other information (“Content”) from this World Wide Web (WWW) server is granted subject to the following:

1. Any copies must include the above copyright notice, and

2. Any copies shall be used only for internal, non-commercial use,

3. Permission is granted only to the person legally accessing this server and is not transferable to any other person.The Content may contain other proprietary notices or describe products, services, processes or technologies owned by MACSMIND or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of MACSMIND or any third party.

Requirements for linking to www.MACSMIND.com

MACSMIND makes no representations or warranties concerning the legality or propriety of the content of any site linked to this site.

Use of the Content from this site on any other site or in a networked computer environment, including but not limited, framing the Content within another site, is expressly prohibited without the prior written permission of MACSMIND.

Upon our written consent, you must agree to the following guidelines:

1. You must link only to our homepage, and not to pages within the site itself.

2. MACSMIND link must not appear connected to any other logos and graphics.

3. No alterations or sizing of MACSMIND artwork, logos or graphics is permitted.

4. The MACSMIND name and logo must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.

5. Your text hyperlink must include the following company name: MACSMIND. No changes or stylization is permitted.

Trademarks

MACSMIND is a trademark of MACSMIND, and the other trademarks, logos, and service marks (collectively the “Trademarks”) used in this site are the property of MACSMIND or their respective owners. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of MACSMIND any other Trademark displayed in the site without the written permission of MACSMIND or its respective owner.

Consent to Monitoring and Disclosure

MACSMIND is under no obligation to monitor the Content and any other information residing on or transmitted to this server. However, anyone using this server agrees that MACSMIND may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. MACSMIND reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

Disclaimer of Liability

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MACSMIND DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL MACSMIND BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.

No Warranties

Any MACSMIND material on this server may include technical inaccuracies or typographical errors. MACSMIND has the right to make changes and updates to any Content contained within this server without prior notice. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY MACSMIND, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER MACSMIND NOR ITS AFFILIATES WARRANTS THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Digital Millennium Copyright Act

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on our system or network, should be promptly sent in the form of written communication to

MACSMIND, Agent Bill Walton, PO Box 4313, Margate Florida, 33063.All claims must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IMPORTANT: USER AGREES THAT MACSMIND WILL NOT BE RESPONSIBLE FOR CLAIMS OF INFRINGEMENT UNLESS THESE REQUIREMENTS OF THE DMCA ARE MET.

GOVERNING LAW

Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Florida, without regard to the principles of conflict of law thereof.

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