Why is our attorney smiling? Well, usually no one ever reads this stuff. But you, being the conscientious and careful person that you are, have taken the time to look over Lisa's hard work. She hopes you like it. Hey, it's her moment in the sun, so we thought we'd just let her enjoy it.

By subscribing to the services of Mindpath Corporation (" Mindpath "), you agree to the following terms and conditions with respect to your account ("Account"). Use of Mindpath's services ("Service") will constitute your consent to these terms and conditions.

The following Document is a contract-legally binding agreement. You must read the entire Terms and Conditions carefully before using or accessing our website or services. By accessing any Mindpath website and using any of the services offered or provided by Mindpath, you confirm your acceptance of, and agree to be bound by, all of the conditions of use set forth in this Agreement. Please DO NOT use this website or services if you do not accept all the terms and conditions stated herein and at other places (including FAQ's and Privacy & Security section) on this website.

Disclaimers And Limitation Of Liability
Mindpath does not guarantee the continuous, uninterrupted or secure access to any Mindpath website or any related services. The operation of any Mindpath website may be interfered with by numerous factors outside the control of Mindpath.

Under no circumstances shall Mindpath be liable for any damages that result from the use of or inability to access any Mindpath website, including but not limited to reliance on any information obtained from the Mindpath website or that result from mistakes, interruptions, deletion of e-mails, errors, delays in operation or transmission, or any failure of performance.

Mindpath will not be liable for any direct or indirect, incidental, special or consequential damages arising for the use of any Mindpath website or the purchase of any product.

Fraudulent Activities
Mindpath reserves the right to deactivate, disable and remove any suspicious or fraudulent account with or without notice. You are responsible for providing all accurate account information and preventing unauthorized use of your Mindpath and Credit Card accounts. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of Mindpath and only if a request for such a reimbursement has been made by you.

Features
Mindpath reserves the right on creating or making any changes on its all features with or without notice. Please protect all your account information. Mindpath is not responsible for any lost or stolen or unauthorized usage of your account.

Access Accounts
Although Mindpath lets you create up to three additional Access Accounts, or sub-accounts, with their own PIN(s), Mindpath is not responsible for any lost or stolen or unauthorized usage of your accounts. Please protect all you account information at all time.

Password Security
All users are responsible for keeping their own Mindpath account passwords confidential and restricting access to such User's computer. All users agree to accept full responsibility for all activities that occur within any Mindpath account. Please highly protect all your Mindpath login passwords.

Real-Time Account Management
To reduce the data loading time on the Internet, Mindpath website only provides log history ( "Log Record" or "LR") for the last 90 days. Mindpath highly recommends that you print or save your own LR on a monthly basis. Mindpath reserves the right to pull out any Log history from the website that is more than 90 days old. Inquiries for LR more than 90 days old are based on availability of data, and extra service fees will apply.

Newsletter
Mindpath occasionally releases newsletters for its latest products, services, special deals, and other business related news. The newsletter service is free and can be subscribed online or by sending a request to our Customer Service. Mindpath disclaims all responsibility and liability for the availability, timeliness, security or reliability of the newsletter releases. Member may unsubscribe this service at any time by contacting our Customer Service by postal mails, phone calls, or e-mails.

Please note that transmissions by e-mail are not secure and are subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, we highly recommend that you contact our Customer Service through postal mails or phone calls.

Cancellation
This agreement shall remain in full force until such time that it is cancelled by either party. Mindpath may cancel, suspend, or otherwise terminate Service at any time without prior notice for any reason which in Mindpath's judgment may preclude it from receiving payment for its services. To cancel, write to: Mindpath Corporation, Customer Service, 272 E Boyds Rd, Carmel, New York 10512, USA. Your letter must be signed by you and must also include all  Mindpath identification numbers (PIN numbers or login identification and passwords) and current mailing address. Upon Mindpath's receipt of your notice of cancellation you agree that Mindpath has authorization to initiate a final charge if an outstanding balance exists.

Billing
A subscription to Mindpath requires a credit card number for credit verification and payment of charges. By providing Mindpath with a credit card number you grant Mindpath authorization to submit charges. You are responsible for preventing unauthorized use of your Account. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of Mindpath and only if a request for such a reimbursement has been made by you. You agree not to resell the Service to others and acknowledge that we cannot verify the identity of persons using our services with your login identifications. You agree to defend and indemnify us from and against all liability, damages and other expenses (including reasonable attorney's fees) arising out of or relating to claims or actions, regardless of form, concerning any breach of this Agreement by you, any acts or omissions by you relating to your performance under this Agreement, and the content or use of the Service by you or by third parties using your Account.

Expiration Date
The Account (login, hosting, other servicesl) will expire 12 months after the date of first purchase, service start, or duly noted registrations or contingent upon separate individual contractual agreement.

Exception to the Rules
While we try our best to eliminate any additional taxes or surcharges to let you pay for only the minutes you have used, there is one exception when you call Mindpath toll free from a pay phone. Please note that 55¢ will be charged for each call made from a pay phone as the FCC regulations have allowed pay phone companies to impose fees on outside carriers and dial-around services (like ours) for using their phones. Therefore, such charge will occur each time you call from a pay phone using your Mindpath account in order to recover the charges imposed by the pay phone companies.

Release
Mindpath shall not be liable or responsible for any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim or proceeding) of any kind whatsoever, sustained or incurred or required to be paid by Mindpath by reason of or arising out of or attributed, directly or indirectly, to improper use of Mindpath's Services. Such a release will include Mindpath, its affiliates, and their sub-carriers and subcontractors. Mindpath shall not be held liable or responsible for any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim or proceeding) of any kind whatsoever, sustained or incurred by a user because of undelivered e-mails, faxes, or voice mails.

Availability of Service
Mindpath makes no warranties or guarantees that any country or any domain may be accessible through its networks.  Mindpath does not guarantee the continuous and uninterrupted services of any of its product and the features of its products.

No Emergency Services
You expressly agree and understand that Mindpath is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency services.

Mindphone and Other VoIP Registration Media
In order to receive the benefits provided by the Mindpath mindphone, you are hereby to grant us permission to utilize the processor and bandwidth of your computer for the limited purpose of accessing our network, and Mindpath is not responsible for the technical support to your computer. Mindpath will only provide support to Mindpath labeled software and hardware.

Rate
Mindpath's rate table is clearly listed on our Web site's Rates page, available at http://www.mindpath.net . Rates are variable and are determined by market conditions and/or any other economic factors. Thus, Mindpath cannot guarantee that the rates will not change, and Mindpath reserves the right to adjust rates in the future. Mindpath recommends that customers periodically review the rate table to be informed of any changes.

Procedure for Lost or Forgotten PINs
Should you lose or forget your Login, passwords, PIN, Mindpath's Customer Service can be contacted via e-mail 24 hours a day, 7 days a week at support@mindpath.us.

Changes to Terms and Conditions
Mindpath reserves the right to revise these Terms and Conditions at any time, and users are deemed to be apprised of and bound by any changes to Terms and Conditions

Download Printable Version of Terms & Conditions in Acrobat® PDF format
Download Printable Version of Terms & Conditions in MS Word format

© 2006 Mindpath Corporation. All Rights Reserved.