Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site. The Terms and Conditions are divided into two main parts. Part I governs the use of this Web site. Part II is the End-User License Agreement (“EULA”) that governs the use of all MindLadder products (“Materials”) purchased from this site. A copy of the EULA is included with each purchase.

    Part I: Use of this Web site

    1. All content appearing on this Web site (Shop.MindLadder.com) is Copyright © 2012 Cognitive Education Systems. All rights reserved. Shop.Mindladder.com is an operating entity of Cognitive Education Systems (“CES”). CES is the publisher of the MindLadder® programs and resources researched and developed at the International Center for Cognition and Learning (“ICCL”). ICCL is the manufacturer of the MindLadder® products. The principal Web site of ICCL and CES is hosted at www.mindladder.com. The offices of CES and ICCL are located at 300 Colonial Center Parkway, Suite 100, Roswell, Georgia 30076, USA. The entities Shop.Mindladder.com, CES, and ICCL are each affiliates of the others (“Affiliates”).

    2. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Shop.MindLadder.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Shop.MindLadder.com believes that customer conduct violates applicable law or is harmful to the interests of Shop.MindLadder.com and its Affiliates.

    3. Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Shop.MindLadder.com reserves the right to limit the provision of its products or services to any person, geographic area, or jurisdiction it so desires and to limit the quantities of any products or services it provides. Any offer for any product or service made on this Web site is void where prohibited.

    4. Georgia sales tax: In accordance with the laws of the State of Georgia, Shop.MindLadder.com charges sales tax for merchandise ordered and downloaded from this Web site in Georgia based on the applicable state sales tax rate and the location to which the order is being downloaded.

    5. Privacy policy: Shop.Mindladder.com and its Affiliates do not disclose your information to others. Shop.Mindladder.com is committed to respecting the privacy of our visitors and strives to provide a safe, secure user experience. We collect no personally identifiable information about you when you visit Shop.MindLadder.com unless you choose to provide that information by registering with us, by purchasing a product, or by contacting us. Services that are used by Shop.Mindladder.com and its Affiliates may gather certain information about visitors, such as what areas of the Web site are visited. Moreover, there is information about your computer hardware and software that is or may be collected by these services. This information can include the date and time of your visit, the originating IP address, the type of browser and operating system used, pages visited, access times and duration, and referring Web site addresses.

    6. Return Policy for Products Delivered via Electronic Download: Shop.mindladder.com strives to provide the customer with utmost satisfaction. Product return policies are set by the product manufacturer. To return an electronically delivered product, please contact the product manufacturer and request a product return within 30 days of your purchase date. The product manufacturer may ask you to destroy the materials or delete them from your system. You may need to furnish the product manufacturer with a signed and dated “Letter of Destruction” providing your full name, the name of the purchasing entity (if applicable), the name of the supervising administrator who approved the purchase (if applicable), the address of the purchasing entity, your e-mail address, the e-mail address of the supervisor, product(s) ordered, date of purchase, and a statement attesting to deletion of electronic files and destruction of materials printed under the terms of this EULA. The manufacturer will need to notify Shop.Mindladder.com that the return has been authorized. Within 5 business days of our receipt of the return authorization from the product manufacturer, we will credit your credit card for the cost of the returned item(s).

    Part II: MindLadder End-User License Agreement

    This end-user license agreement (“EULA”) is designed for users of MindLadder® materials (“Materials”). Read this EULA carefully. If you download, save (“install”) or use any Materials that accompany or is associated with this EULA, this EULA becomes a legally binding agreement between you and Cognitive Education Systems (“CES”). CES is the publisher of the MindLadder® programs and resources developed at the International Center for Cognition and Learning (“ICCL”) and sold at Shop.MindLadder.com. If you do not agree to or wish to be bound by this EULA, do not download, install or use the Materials and return the Materials for a refund within 30 days of the date that you paid for the materials. Please see Shop.MindLadder.com’s Terms and Conditions statement located at Shop.MindLadder.com’s website for return policies and information about how to return the materials for a refund. If you agree to the terms of the EULA without modification, then you may download, install and use the Materials subject to the following restrictions:

    One Computer and One Backup Copy per EULA

    1. This EULA applies to one instance of the Materials, which may only be saved (“installed”) on one computer and one backup computer or other storage medium at a time.

    2. Once installed onto a computer, you can print the Materials and use them to meet the needs of students, clients, patients or others for whom you maintain responsibilities in accordance with the scope of your training and professional licensure.

    3. Users who wish to transfer their EULA to a different computer must completely uninstall the Materials from the first computer at the end of the transfer.

    4. You may not make the Materials available on a network, but must install them on only the quantity of individual computers you are licensed for and print them locally from those computers. – If you are interested in a site license contact ICCL at iccl@mindladder.com for information about an electronic, Internet-accessed, server-based application of the MindLadder LearningGuide that links administrators and service providers in schools, districts or other institutions into one provider network.

    Copyrights and Permitted Use of the Materials

    5. MindLadder and the two-seated-persons logo are registered trademarks of CES and are protected by US copyright laws and international treatises.

    6. You agree that all files that are part of the Materials are the property and exclusive, valid copyright of CES.

    7. You are licensing the Materials and not buying the right to the Materials. CES retains ownership of all intellectual property rights in the Materials. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of CES to you except as expressly granted by this agreement.

    8. You may not use a single instance of the Materials across a network; rather, you may install the Materials on only one computer (plus a backup computer) at a time per license and print materials locally from that computer.

    9. You may not, nor may you permit any other person to sublicense, rent or lease any portion of the Materials. You may not provide the materials to others for purposes of training or distribution whether for payment or otherwise.

    10. You may not modify the Materials in any manner or create derivative works that incorporate the Materials or any part of the Materials.

    11. The EULA is for the license holder only to provide educational, school psychological, clinical, counseling, cognitive rehabilitation, or other therapeutic or instructional services in an educational or other professional setting (e.g., school, university, clinic, treatment center, home school, private practice) and to conduct research and evaluation as may be approved by such a setting. You may reproduce the Materials to meet your responsibilities in your own work setting. You may not resell the Materials or use them for any commercial purpose.

    12. You may provide brief excerpts and illustrations of the Materials for purposes of reviews and scholarly analyses; for purpose of sharing your interests and opinions about the Materials with colleagues in your work setting; for purposes of teaching students, trainees, or interns in college, university, or other educational classes; and for purposes of presenting your own professional work or research with the Materials to participants at professional meetings, conferences, seminars, and workshops provided that you follow conventional means of citing the work of others (e.g., APA style).

    13. You may not use the Materials in a manner that implies that you are a representative or agent of CES or the ICCL or Shop.Mindladder.com (“Affiliates”).

    14. From time to time, CES may, but has no obligation to, provide updates to the Materials. CES reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time and without notice to you.

    15. Nothing in this EULA entitles you to receive any support, maintenance, updates, upgrades, content or new versions of the Materials.

    16. The terms of the EULA shall remain unchanged in the event CES transfers its rights to the Materials to a third party. CES may transfer its rights to a third party without notice to you.

    Warranties and Damages

    17. CES and its Affiliates make no warranty about the quality of the Materials or their ability to eliminate or solve any specific problems.

    18. CES and its Affiliates make no warranty as to the completeness of the Materials.

    19. CES and its Affiliates make no warranty concerning the comparison of the Materials to any similar materials or any industry standard.

    20. CES and its Affiliates make no warranty about the compatibility of the Materials with any other educational programs or services.

    21. CES and its Affiliates make no warranty about the availability of their customer service representatives or their ability to solve any problems related to the use of the Materials.

    22. CES AND ITS AFFILIATES MAKE NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

    23. In no event will CES and its Affiliates be liable to you or your employer under any legal theory or cause of action for lost profits, lost or corrupted data, or any special, consequential, indirect or similar damages arising out of the use or inability to use the Materials for any purpose, even if CES and its Affiliates have been given advance notice of those concerns. The entire responsibility regarding the use of the Materials is assumed by you and the employer for whom you may work.

    24. In any event, the entire liability of CES and its Affiliates for any claims arising out of this EULA will not exceed a refund of your purchase price for the Materials.

    Customer Breach

    25. Any breach of the above terms by you shall give CES the right to terminate this EULA immediately upon notice to you and you may be required to delete all electronic files and destroy all printed copies of the Materials. In the event that you cure whatever breach caused such termination, you may petition CES to reinstate the EULA, but CES shall be under no obligation to do so. If CES terminates your subscription as a result of your breaching this EULA, you will not be entitled to a refund or any compensation for the loss of materials produced in violation of this EULA.

    26. If you sue anyone over patents, trademarks, and copyrights that you think may apply to the Materials, your license to the Materials ends automatically. Any rights to use the Materials granted by this EULA apply only to the Materials and not to the intellectual property, trademarks, and copyrights embodied in these materials, all of which remain the exclusive property of CES.

    27. This EULA contains the only rights associated with the Materials and CES reserves all rights not expressly granted to you in this EULA.

    28. You agree that any breach of any provision of this EULA regarding CES’s confidential or proprietary information or intellectual property would constitute irreparable harm, and that CES shall be entitled to injunctive relief in addition to other remedies at law or in equity.

    29. In the event that CES sues you for breach of this EULA and is successful, you will be responsible for CES’s reasonable attorneys fees related to that suit.

    Miscellaneous

    30. Your use of the Materials is expressly limited to and conditioned upon your agreement to use the Materials under the terms of this EULA. CES hereby rejects any different or additional terms you may have proposed when purchasing or downloading the Materials unless CES affirmatively accepted those terms in writing and made specific reference waiving this paragraph of this EULA.

    31. You will not have the right to audit or inspect any records of CES or its Affiliates for any reason except that you may request a copy of the documents executed for your purchase of the Materials or a copy of this EULA.

    32. Nothing in this Agreement shall be construed as precluding CES and its Affiliates from licensing the Materials to any other third party, including your competitors.

    33. Applicable law: This EULA shall be construed under the laws of the State of Georgia, USA. In the event of litigation both parties agree that the Law of the State of Georgia shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the relevant United States District Court. Both parties expressly waive a trial by jury.

    34. This EULA supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and CES and its Affiliates. All conflicts between this EULA and any such communications shall be governed by this EULA.

    35. The rights granted to you by this EULA shall be construed narrowly. No modification of the terms of this EULA shall be effective unless it is authorized by CES.

    36. If any provision of this EULA is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

    37. By saving (“installing”) the Materials on your computer, you warrant that you have read and understood this EULA and agree to its terms.