WEBSITE TERMS OF USE

Acceptance of Terms of Use

The following terms and conditions (the “Terms of Use”) constitute a written contract entered into between you and Mental Edge, LLC (hereafter the “Company,” “we” or “us”) effective immediately. The Terms of Use govern your access to and use of this website including any content, functionality, and services offered on or through the MentalEdge.ai domain name (the “Website”), whether as a guest or a registered user.

By clicking that you accept the Terms of Use when this option is made available to you, you acknowledge that you have carefully reviewed the Terms of Use, that you accept and agree to be bound by them in their entirety and that you promise to abide by them. You further acknowledge and agree that the we would not have allowed you to access and/or utilize this Website, or any software or contents thereon, if you had not first agreed to abide by these Terms of Use. If you do not agree to abide by these Terms of Use in their entirety, you must not access or use the Website.

This Website is offered to and available to users who are at least 16 years of age and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you meet all of the foregoing eligibility requirements. If you are between the ages of 16 and 18, you further agree and acknowledge that you have informed your parent or guardian of your intent to use this Website, that you have shown your parent or guardian these Terms of Use and that your parent or guardian has consented on your behalf to both your use of this Website and acceptance of these Terms of Use in their entirety. If you do not meet all of these requirements, you must not access or use the Website. If you are under the age of 16 and wish to utilize this Website, your parent or guardian must utilize the Website on your behalf.

Changes to the Terms of Use

We reserve the right to revise and/or update these Terms of Use 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 Website thereafter. As you must click your acceptance of the Terms of Use each time you access the Website, you are responsible for and agree to review the Terms of Use regularly for any updates. If you are between the ages of 16 and 18, you agree further to regularly show your parent or guardian these Terms of Use and have your parent or guardian consent again on your behalf to both your use of this Website and acceptance of these Terms of Use in their entirety.

Any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties had actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw and/or restrict access to or to revise this Website and any service we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are solely responsible for:

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them; and
  • Maintaining access to the Website when we have made the Website accessible by you.

To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide on the Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose such information 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 this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 particular 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 username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights – General

You acknowledge that the Website and all its contents, features, and functionality (including but not limited to all software, text, displays, images, video, audio, design, selection, and arrangement of the Website) are owned by the Company, its licensors, or other providers of such material and are protected by various United States and/or international intellectual property laws.

These Terms of Use permit you to use the Website for your personal use only. You agree not to reverse engineer, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Website or any material on the Website, except as follows:

  • You may store files incidental to your use of software available through the Website, but only in a manner and for a length of time consistent with all applicable federal and state laws. To this end, you acknowledge that it is wholly your responsibility to determine what laws are applicable in your jurisdiction, especially as they relate to Facial Recognition Technology and/or Biometric Information. You acknowledge that you may not utilize any Facial Recognition Technology and/or Biometric Information software available through the Website or store files regarding your use of such software except with the prior written consent of the individual(s) whose image(s) you utilize with the software (or if the individual is under the age of 18, with the prior written consent of the individual’s parent or guardian), and even then, only for the time through which such individual(s) provides their consent and in compliance with any laws or regulations applicable in your jurisdiction.
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal provided you agree to be bound by our end user license agreement for such applications.

To the extent you reverse engineer, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform or republish the Website or any material on the Website in violation of this section, you agree that you will own no rights to such materials and that all such rights shall belong to Company if it so desires.

You agree not to:

  • Modify copies of any materials from this Website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics on this Website not incidental to your personal use of the Website itself;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
  • Create a link to the Website from any other website or URL that:
    1. Is contrary to any applicable federal or state law;
    2. Tends to damage our reputation (g., by linked to the Website from a website or URL that the average reasonable person would find objectionable or immoral); or
    3. Suggests any form of association, approval or endorsement by us with your website, URL, products or services without our prior written consent.
  • Use the Website for any purpose relating to your development of software similar to that offered on the Website or any software that could compete with the software on the Website.

To the extent you violate any of the above provisions, you agree to cooperate with us through remediation.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Intellectual Property Rights – Trademarks

“MENTAL EDGE, LLC,” “MENTAL EDGE” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You agree not to use such marks without the prior written permission of the Company. You agree further not to register any domains with confusingly similar names for any purpose. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You agree to only use the Website for lawful purposes in accordance with these Terms of Use and all applicable federal and state laws, including but not limited to, all applicable federal, state, county or local laws or regulations relating to Facial Recognition Technology and/or Biometric Information applicable in your jurisdiction. You agree not to:

  • Use the Website in any way that analyzes an individual, including but not limited to use of Facial Recognition Technology and/or Biometric Information software, without first acquiring his/her prior written consent (either directly or through his/her legal representative), which you agree to maintain for a reasonable time, but in no event less than one year;
  • To the extent required in your jurisdiction, use the Website in any way that acquires Biometric Information from any individual without first informing the individual (or his/her legal representative) in writing that his/her Biometric Information is being collected and/or stored, the length of such intended storage, and the purpose for which such information is being collected and/or stored;
  • Use the Website in any way that violates any applicable federal, state, local, or law or international regulation (including, without limitation, any laws regarding the creation, maintenance, or export of media or data including, but not limited to, media or data regarding the use of Facial Recognition Technology and/or Biometric Information).
  • Use any data or personal information you acquire through the Website and/or any Facial Recognition Technology and/or Biometric Information software thereon in any manner inconsistent with the laws and regulations applicable to your jurisdiction;
  • Sell to or share with any third party any Biometric Information you acquire through the Website without the prior written consent (or in the case of a person under the age of 16, with that person’s parent’s or guardian’s prior written consent) of the individual whose Biometric Information is being sold or shared, which consent you shall maintain for a reasonable time, but in no event less than one year;
  • To the extent you are permitted to store Biometric Information in your jurisdiction, fail to store and protect from disclosure all such information in a manner that is the same or more protective that the manner in which the entity stores, transmits and protects other confidential and sensitive information;
  • Use the Website to exploit, harm, embarrass, or attempt to exploit, harm or embarrass, anyone, including minors, in any way, including but not limited to, by exposing them to inappropriate content or exposing content relating to them to others;
  • Use or access the Website in any way any manner that could disable, overburden, damage, or impair or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use or access the Website to transmit, or procure the sending of, any advertising or promotional material, including but not limited to any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • Use or access the Website to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
  • Use or access the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability;
  • Utilize any automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use and/or inconsistent therewith, without our prior written consent;
  • Utilize with the Website any device, software, or routine that interferes or may interfere with the proper working of the Website;
  • Introduce into the Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Attack or attempt to attack the Website via a denial-of-service attack, a distributed denial-of-service attack or any other harmful method; and
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

You agree and acknowledge that we have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal act or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, you acknowledge and agree that we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY OR ITS AFFILIATES, LICENSEES OR SERVICE PROVIDERS.

You acknowledge further that we have no liability for terminating your access to the Website for any reason.

No Reliance on Posted Information

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

You acknowledge and agree that we may alter and/or update the content on this Website from time to time for any or no reason. We cannot and do not guarantee that the Website or any portion thereof will remain from day to day or that any portion of the Website is complete or up-to-date. Any material on the Website may be out of date at any given time. You acknowledge and agree that we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases

All purchases through our site or other transactions for the sale of services carried out through the Website, or resulting from visits made by you, are final as of the time they are made. You agree that any liability by the Company relating to such purchases shall be limited to the amount of the purchase.

Links from the Website

Any links from the Website to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions; Facial Recognition Technology/Biometric Information

The owner of the Website is based in Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is appropriate outside of the United States. Access to or use of the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States despite these Terms of Use, you do so on your own initiative and are responsible for compliance with local laws.

In addition, use of some of the features of this Website, including but not limited to use of software that may constitute Facial Recognition Technology and/or Biometric Information software, may be subject to the laws or regulations of one or more of the states, counties and local jurisdictions that make up the United States. By using this Website and/or software accessible through this Website, you acknowledge that the Company makes no representations regarding the legality of using any Website software or maintaining any media or data resulting from such use. You acknowledge and agree that you are solely responsible for fully learning the law applicable in your jurisdiction and complying with that law. You agree further to hold the Company, its affiliates and its service providers harmless for any and all damages and/or criminal sanctions you may suffer through use or storage of this Website, software thereon and/or media or data resulting therefrom in any way contrary to such law.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY FLORIDA LAW, YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY FLORIDA LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER FLORIDA LAW.

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 of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products in any manner other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. You specifically acknowledge and agree that such indemnification shall include any action, whether or not brought by a private or governmental entity, relating to use or maintenance of personal information from use of Facial Recognition Technology and/or Biometric Information software that may be available through the Website. In action under this section, the Company shall be allowed to choose its own legal counsel.

Governing Law and Jurisdiction

You acknowledge and agree that all matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

You acknowledge and agree that any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa, Florida and County of Hillsborough, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law, with the winner to be awarded its costs and reasonable attorney’s fees.

Limitation on Time to File Claims

YOU ACKNOWLEDGE AND AGREE THAY ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be effective unless and writing. No waiver by the Company of any term or condition set out in these Terms of Use shall 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 of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.