Terms of Use

Terms of Use (updated: 12/31/2011)

INTRODUCTION:

Welcome to the Terms of Use Web page of TabulaMentis.com. TabulaMentis.com is collectively referred to herein as: "Site," "we," "us," "our," "ourselves" or "its." People who visit our Internet Site are collectively referred to herein as: "visitors," "users," "guests," "members," "those," "their," "you," or "your."

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS TABULAMENTIS.COM SITE.

By using this TabulaMentis.com Site, you signify your agreement to these Terms of Use and you acknowledge that you have read and agree to abide by the Terms of Use, and you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using this Site, because they affect your legal rights and obligations.

Your Acceptance of Terms: If you do not agree with any of these Terms of Use you may not use this TabulaMentis.com Site and you should exit this Site now, because by using this Site you will be deemed to have irrevocably agreed to these terms.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."

TabulaMentis.com makes this Site and others available on the understanding that users exercise their own skill and care with respect to its use. Before relying on the material in any important matter, users should carefully evaluate the accuracy, completeness and relevance of the information for their purposes and should obtain appropriate professional advice relevant to their particular circumstances.

How To Contact Us: This Site is controlled and operated by Robert Franklin, P.O. Box 3212, Quartz Hill, CA 93586-0212. The phone number is (661) 943-5118. Please forward any comments or complaints to customerservice@tabulamentis.com. Please forward any questions regarding privacy to privacy@tabulamentis.com or (661) 943-5118. Please forward any questions regarding other legal matters to legal@tabulamentis.com.

A2. Submissions
A2: Content Linked To and From Any TabulaMentis.com Site
A3: Disclaimer of Warranties
A4: Indemnification
A5: Limitation of Liability
A6: Jurisdictional Issues
A7: Amendment
A8: Termination
A9: General Provisions

A1: Submissions

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

Investigations: TabulaMentis.com Sites reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. TabulaMentis.com may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. TabulaMentis.com may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If a TabulaMentis.com Site believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. TabulaMentis.com will fully cooperate with any law enforcement authorities or court order requesting or directing TabulaMentis.com Sites to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TABULAMENTIS.COM SITES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TABULAMENTIS.COM SITES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TABULAMENTIS.COM SITES OR LAW ENFORCEMENT AUTHORITIES REGARDING THE IDENTIFICATION OF ANY USER ALLEGED TO BE USING A TABULAMENTIS.COM SITE IN VIOLATION OF THE LAW.

A2: Content Linked To and From Any TabulaMentis.com Site

You should be aware that when you are on a TabulaMentis.com Site, you could be directed to other sites that are beyond our control. There are links to other sites from TabulaMentis.com pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the TabulaMentis.com Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a TabulaMentis.com Site the site you will land on is not controlled by us and a different terms of use and privacy policy, if any, may apply. By clicking on links to other sites, you acknowledge that TabulaMentis.com is not responsible for those sites. We reserve the right to disable links from third-party sites to any TabulaMentis.com Site, although we are under no obligation to do so.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any TabulaMentis.com Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any TabulaMentis.com Site or third-party content on our Sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The views and opinions expressed on any non-TabulaMentis.com site are strictly those of their page author. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to or from a TabulaMentis.com Site.

TabulaMentis.com Sites invites all individuals and companies to link to TabulaMentis.com Sites so long as the link is in good faith and is not derogatory in nature. Any link to a TabulaMentis.com Site or any of the TabulaMentis.com Web pages should open in a new browser window. Links to TabulaMentis.com Sites should be in the form of hypertext that says "TabulaMentis.com." Links directed to TabulaMentis.com Web Sites must go to the "Home" page first where proprietary notices are commonly posted.

If a link to a third party site is placed on a TabulaMentis.com Site by a visitor where there is no formal agreement between the TabulaMentis.com Site, the visitor or the third party, a disclaimer stating that "TABULAMENTIS.COM INTERNET SITES DOES NOT ENDORSE EXTERNAL WEB SITES" is required.

TabulaMentis.com is not responsible for any broken links or links accidentally directed to an incorrect Web page. If a link is broken or is not working properly, misdirected or is accidentally directed to an inappropriate Web page please contact TabulaMentis.com right away at: links@tabulamentis.com along with a message about the link.

A3: Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TABULAMENTIS.COM SITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN TABULAMENTIS.COM SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TABULAMENTIS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TABULAMENTIS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TABULAMENTIS.COM'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TABULAMENTIS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN TABULAMENTIS.COM SITES OR ANY SITES LINKED TO A TABULAMENTIS.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TABULAMENTIS.COM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN A TABULAMENTIS.COM SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TABULAMENTIS.COM ONLINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF TABULAMENTIS.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

A4: Indemnification

You are entirely responsible for maintaining the confidentiality of your member name(s), password/passphrase(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

A5: Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES) ARISING OUT OF OR IN CONNECTION WITH A TABULAMENTIS.COM SITE, TABULAMENTIS.COM FORUMS, TABULAMENTIS.COM E-MAIL ALIAS SERVICE, OR OTHER TABULAMENTIS.COM SITE SERVICES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TABULAMENTIS.COM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THE ABOVE KINDS OF DAMAGES AND APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY TABULAMENTIS.COM SITE.

SOME COMPONENTS OF THIS WEB SITE PROVIDE E-MAIL ADDRESSES AND/OR LINKS. TABULAMENTIS.COM SITES DO NOT EXERCISE ANY CONTROL OVER THE TRANSMISSION OF E-MAIL COMMUNICATIONS PRIOR TO RECEIVING IT. BY SENDING REQUESTS OR ANY OTHER COMMUNICATIONS TO A TABULAMENTIS.COM SITE BY E-MAIL, YOU AGREE THAT TABULAMENTIS.COM SITES SHALL INCUR NO LIABILITY WITH RESPECT TO SUCH TRANSMISSIONS, INCLUDING FAILURE TO RESPOND.

A6: Jurisdictional Issues

TabulaMentis.com is controlled and operated by Robert Franklin in its U.S. office in California. We make no representation that materials on any TabulaMentis.com Site are appropriate or available for use in any particular location. Those who choose to access a TabulaMentis.com Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported:

Into (or to a national or resident of) Cuba, North Korea, Iran or Syria or any other country to which the U.S. has embargoed goods; or
To anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

A7: Amendment

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Web Sites covered by these terms of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on the Web Sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

Local, state, the federal government and countries are constantly updating their laws and requirements for Internet Commerce and how sensitive confidential information is to be handled. TabulaMentis.com Sites will do its best to keep the Terms of Use and Privacy Policy up-to-date to meet those laws and requirements, however visitors are recommended to verify with local, state, federal government and countries to see if new laws and requirements have been implemented that have not yet been updated or included on this Web page.

A8: Termination

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all TabulaMentis.com Sites and destroying all materials obtained from any and all such Sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Member Services
TabulaMentis.com
P.O. Box 3212
Quartz Hill, CA 93586-0212, USA

We may immediately terminate these terms of use with respect to you (including your access to any and all TabulaMentis.com Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all TabulaMentis.com Sites and destroy all materials obtained from such Sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

A9: General Provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.