Terms and Privacy policy

Please read these Terms of Use ("Terms of Use") thoroughly. By accessing or using the Mind Warrior websites, services or any tools or applications (including mobile applications) made available by Simtek Searchlight Solutions LLC(individually and collectively, "Mind Warrior", "Us", "We," "Our"), you agree to be bound by these Terms of Use. If you do not agree with these Terms, do not use Our websites or Our mobile applications (individually and collectively referred to herein as the "Service").

We reserve the right to amend or modify these Terms of Use at any time, without advance notice. Any such modification will be effective upon its posting here. It is your obligation to periodically check this page to determine if these Terms of Use have been modified and whether you agree to them. If you do not agree, you should discontinue use of the Service. These Terms of Use were posted on January 15, 2014.

BASIC TERMS

The Service does not provide medical or therapeutic advice. The Content (as more particularly defined below) is informational only and is not, and is not intended to be, a substitute for professional medical or therapeutic diagnosis, advice, or treatment. If you have any questions or concerns about your medical, emotional or mental status or condition, SEEK THE ADVICE OF A PHYSICIAN, LICENSED THERAPIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL, EMOTIONAL OR MENTAL EMERGENCY, CALL YOUR HEALTH CARE PROVIDER OR 911 IMMEDIATELY.

The Service does not recommend or endorse any specific activities, tests, products, procedures, opinions or other information contained or portrayed in the Content for use by any particular user. You alone are responsible for your decision to use the Service or to access any particular Content. Reliance on any Content is therefore solely at your own risk. The Service does not guarantee any results.

User Registration

You must register for a user account to use the Service. Registration requires you to create a username, password, and possess a valid email address. User accounts are not transferable and each registrant is responsible for all activity that occurs on his/her account. Users are prohibited from, and agree not to, sell, transfer, license or assign their login information and any associated user rights. Users are prohibited from, and agree not to, create an account for anyone other than himself or herself. No automated device may be used to create a User account.

You may terminate your user account at any time by uninstalling the software necessary to use the Service. The Service will continue to store the data associated with terminated user accounts (such as email addresses and login credentials) for backup and archival purposes, but such accounts will no longer be accessible to the user.

You can sign into your user account to see or delete any data associated with that account that We have stored, such as your email address, login credentials, or entries you have made to track your issues and progress.

Limited License

Registering for an account and installing the software necessary to use the Service provides you with the limited right to use the Service, provided that use is solely in accordance with these Terms of Use. In registering for and using the Service, you assume full responsibility for the use of the Content, activities, and features you select to achieve your intended results, and for any results that you achieve.

Users are prohibited from using the Service for any illegal or unauthorized purpose(s) and agree to comply with all applicable laws, rules and regulations.

Users are prohibited from, and agree not to, interfere with the operation of the Service, and with any servers or networks connected with the Service, by any means whatsoever, including, without limitation, by transmitting any virus, spyware, malware or other malicious code or otherwise altering or interfering with the Service, the user interface, or appearance of the Service in a user's browser. Users are prohibited from any attempts to restrict another user from using or enjoying the Service.

Violation and Enforcement; Termination of User Accounts

If you believe any person may have breached these Terms of Use, please contact Us IMMEDIATELY. Do not attempt to contact such person yourself.

We reserve the right to investigate any allegation that there has been a breach of these Terms of Use and to terminate a user account without advance notice if We determine, in Our sole judgment, that the account has been used in a manner that has violated these Terms of Use.

DATA PRIVACY AND SECURITY

Users are responsible for maintaining the security and privacy of their own personal login information. Data created and entered into the Service by users is only as secure as the mobile devices used to transmit such data.Users should therefore use the security features on their mobile devices that are designed to maintain the privacy of data. If you believe your account security has been jeopardized, you must notify Us immediately so that your account information can be deactivated promptly. Without such notification, We will assume that you generated any communications received under your user account and password. You agree that you will not solicit, collect or use the login credentials of any other person.

Personally Identifiable Information

Your email address, login credentials (username and password), and any information you enter into the Service during your use of activities and features are stored on the servers/data storage system of the Service.

Each user's email address and login credentials are accessible to and stored by Us solely for purposes of facilitating user login and customer service purposes. The Service stores data entered by users into activities and features solely for those users' own reference and the limited purpose of attaching it to emails they generate with the "communicate with your therapist" feature. All such information is treated as personally identifiable information and is not shared by the Service with any third parties, except in the limited circumstances identified in these Terms of Use.

If you send an email using the "communicate with your therapist" option, the email you generate is not accessible to or stored by the Service, and the history of such activity is not retained. Such outgoing emails and their content are stored by the email provider you use on your mobile device in accordance with such controls and policies that apply between you and that provider. Such email content will also be accessible to, and may be stored by, the recipient therapist. Emails you receive from your therapist in reply to those you initiate through the Service are received directly by your personal email account associated with your user account and are not transmitted via the Service.

We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. However, you should be aware that no security method is guaranteed to protect information from hackers or human error. Further, the security features of your email provider and your mobile device, not the Service, secure emails you initiate through the Service using the "communicate with your therapist" option.

Health-related Communications

Emails you send using the "communicate with your therapist" option may contain health-related information and may therefore be subject to the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, or by other federal or state legislation protecting the privacy of health-related information. These privacy laws, if applicable, apply solely to the recipient and, as the Service does not have the ability to access such email content, do not apply to the Service.

Collection and Use of Non-Personal Information

In addition to the information We treat as personally identifiable, the Service may collect certain non-personal information. Non-personal information is data in a form that does not permit its direct association with any specific individual. We may collect and use non-personal information to facilitate your access to and use of the service and help Us operate and improve the service.

When users access the Service, We may use logs files to help Us better understand how the Service is being used and to tell Us which Application Elements people are visiting and using. Information collected by log files may include Internet Protocol (IP) addresses, Internet service provider (ISP), device operating systems, date/time stamps, and similar anonymous user data. We use such non-personal information to understand and analyze trends among Our users, to administer the Service, and to learn about user behavior on the Service.

We treat information collected by log files as non-personal information, but to the extent Internet Protocol (IP) addresses or similar mobile device identifiers are considered personally identifiable information by applicable law, We also treat these identifiers as personally identifiable information and will not share them with third parties except as stated in these Terms of Use. Further, to the extent non-personal information may be combined with personal information (such as with your email address or login credentials), We treat the combined information as personally identifiable information for the purposes of Our privacy practices.

We do not allow advertising companies to collect data through Our service for ad targeting.

Disclosure of Personally Identifiable and Non-personal Information to Third Parties

We do not share personally identifiable or non-personal information with third parties, except as specifically disclosed in these Terms of Use.To the extent it is necessary for Our third party service providers to access user personally identifiable information, the Service refers users directly to those service providers and does not access or collect any information such users share directly with the service providers. Such third party service providers may include companies that provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, providing customer service, and conducting user satisfaction surveys. These companies are obligated to protect your information in accordance with law, although you should be aware that data security cannot be guaranteed.

We may share non-personal (anonymous) information about Our users to an analytics service provider to better help Us understand the needs of Our users. We share such data in the aggregate only, and not in relation to any particular users.

We may also make both personally identifiable and non-personal information available to third parties in these limited circumstances: (1) with your express consent, (2) when We have a good faith belief it is required by law, (3) when We have a good faith belief it is necessary to protect Your rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required or obtained for disclosure in these cases.

If you have any questions or concerns about Our privacy policies, please contact Us via email at: admin@simteksearchlight.com

Or you may contact Us via regular mail at:

Simtek Searchlight Solutions LLC
4-2 Oakwood Village
Flanders, New Jersey 07836

LOCATION-BASED SERVICES

The Service does not collect or use location-based information about users such as the real-time geographic location of your mobile device.

Intellectual Property

All intellectual property rights in and to all materials contained on or within the Service, including but not limited to, text, graphics, images, illustrations, designs, icons, photographs, and written and other materials (collectively, "Content"), as well as the look, feel, selection and arrangement of menus and other user interfaces (together with Content, the "Application Elements") are owned by Us and Our licensors. All Application Elements are proprietary and are protected by copyright, trademark, trade dress, patent, trade secret and/or other applicable intellectual property law. Any unauthorized use, access to, or disclosure of Application Elements violates these Terms of Use and Our intellectual property rights, including, without limitation, the framing or use of Application Elements as meta tags or in any other "hidden text" techniques or technologies. We retain and reserve all intellectual property rights in and to the Application Elements and neither Our use of them in the Service nor Our grant of a limited user license creates or transfers any express or implied rights in and to these Application Elements.

By accessing the Service, you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell or participate in any sale, rental, lease, loan, assignment, distribution, license, sublicense, or any commercial exploitation, in whole or in part, of any of the Application Elements, the Service, or any related software, except as expressly permitted in these Terms of Use.

LINKS

The Service does not contain links to other mobile applications or websites that are operated by third parties.

Indemnification

By accessing or using the Service, you agree to indemnify and hold Us, Our managing members, founders, shareholders, employees, affiliates, licensors and suppliers (individually and collectively, the "Indemnified Part(y)ies") harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) due to, arising out of, or relating in any way to your use of the Service or Our enforcement of these Terms of Use as a result of or in connection with your access to or use of the Service. You expressly agree that a violation of these Terms of Use may result in Our suffering of consequential, special, incidental, and indirect damages, including, without limitation, mitigation damages and, to the extent permitted by applicable law, there is not limit on amount or kind of such damages collectible by Us.

Your indemnification obligations apply without regard to the nature or scope of the underlying cause of action or theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise.

DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES

The Service has no control over users' mobile service or access, or the transmission media used when users access and use the Service. Accordingly We cannot and do not assume any liability for or relating to the delay, failure, or interruption of the Service due to such factors, or the corruption of any data transmitted in connection with your use of the Service. THE SERVICE IS PROVIDED ON AN "AS-IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTINESS, OR TIMELINESS OF CONTENT, APPLICATION ELEMENTS, ACTIVITIES, OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOSS OF PROFITS OR REVENUE, OR ANY LOSS OF DATA, GOOD-WILL, OR OTHER INTANGIBLE LOSS DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS AND USE, THE SERVICE; (B) YOUR USE OF OR RELIANCE ON ANY CONTENT PROVIDED BY THE SERVICE; (C) ANY ACTION WE TAKE OR PERMIT LAW ENFORCEMENT AUTHORITIES TO TAKE REGARDING USERS OR USER ACCOUNTS; (D) THE PERFORMANCE OR INTERRUPTION OF PERFORMANCE OF THE SERVICE, INCLUDING ANY ERRORS OR OMISSIONS IN THE OPERATION OR PERFORMANCE OF THE SERVICE OR CORRUPTION OF DATA; (E) UNAUTHORIZED THIRD PARTY ACCESS TO, USE OR ALTERATION OF CONTENT OR USER CONTRIBUTIONS OR TRANSMISSIONS; AND (F) ANY DAMAGE TO A USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY RESULTING FROM UNAUTHORIZED ACCESS BY A THIRD PARTY, OR ANY VIRUS, BUG, TAMPERING, FRAUD, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THESE DISCLAIMERS AND LIMITATIONS APPLY EVEN IF SUCH DAMAGES ARE FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO USERS OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY DUE TO DEATH OR PERSONAL INJURY RELATED TO THE USE OR MISUSE OF THE SERVICE.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

Any claim arising in connection with the use of the Service, the Content, or the Application Elements must be brought within one (1) year after the date the claim accrued.

Copyright Infringement Notice and Takedown Process

If you believe that any Content on the Service infringes your copyright, you may request the removal of such Content (or user access to such Content) by writing to Our Copyright Agent (identified below) and providing that Copyright Agent with the following information:

  • (i) an identification and description of the copyrighted work claimed to have been infringed, including a copy or the location of such material (e.g., a URL);
  • (ii) an identification of the material that is claimed to be infringing or 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 Us to locate the material;
  • (iii) your name and contact information, including your street address, telephone number, and an email address;
  • (iv) a statement by you that you have 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;
  • (v) a statement that the information you have supplied is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
  • (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf. We reserve the right to remove Content alleged to be infringing without prior notice and at Our sole discretion.

Please address your complaint to:

Copyright Agent
Simtek Searchlight Solutions, LLC
4-2 Oakwood Village
Flanders, New Jersey 07836

Or admin@simteksearchlight.com

TERMINATION OF THE SERVICE

We reserve the right, in Our sole discretion, to terminate the Service at any time for any reason, and may do so immediately without prior notice. Termination of the Service will result in users' inability to access their accounts and the deletion of all user-supplied data associated with those accounts from production servers but may be retained on backup services for archival or related purposes. The provisions of these Terms of Use relating to Intellectual Property, Indemnification, Disclaimer of Warranties and Limitation of Damages, and Governing Law and Miscellaneous Provisions shall survive the termination of the Service. Governing law and Miscellaneous Provisions

These Terms of Use are governed, construed, interpreted, and enforced by the laws of the State of New Jersey without regard to its conflict of laws principles. By accessing or using the Service, you expressly agree that exclusive jurisdiction and venue for any dispute with Us in relation to the Service is conferred on the State and Federal courts for Morris County, New Jersey, USA and you expressly consent to the personal jurisdiction of such courts. These Terms of Use WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The waiver by Us of any provision of these Terms of Use must be in writing to be valid. Any failure of Us to insist upon or enforce strict performance of any particular provision of these Terms will not be construed as a waiver of such provision or any right associated therewith, in that instance or in any future instance. No written waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms of Use constitute the entire and exclusive agreement between us regarding the provision of the Service and its access and use. We are based in the State of New Jersey in the United States of America and make no claim that the Service and/or its Application Elements are lawful outside the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of the jurisdiction where you are located.

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  • magpye88@yahoo.com
  • 908-204-9312
  • http://mindwarrior.mobisoftinfotech.com/