Varatek Software, Inc. (Varatek) provides access to its web site and its services, mindapp.com, subject to the terms of use set forth in this document. By accessing or using this Site, you are agreeing to comply with and be bound by this Agreement. If you do not agree to these terms, you should not access or use our Site. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing this web site for any reason.

The terms set forth herein apply to all services and materials, including each individual page on this site.

The services and materials (including but not limited to software, documents, images and other items) that are made available by Varatek on this site are provided to you only as a convenience and may be used for informational purposes only. By using this site or downloading any materials from it, you hereby agree to these terms of use. If you do not agree to them, do not use this site or download any materials from it.

Your use of the Service is at your sole risk. The Service is not fault-tolerant and is not guaranteed to be error free or to operate uninterrupted. Varatek may impose limits on the use of or access to the Service in any case and without notice or liability. Varatek reserves the right to change the terms of use at any time.

Varatek reserves the right to add, modify, discontinue, remove, or suspend temporarily the website and/or, the services at any time, with or without notice. You agree that Varatek shall not be liable to you or to any third party for any modification, discontinuation, removal or temporary suspension of the website or services.

User Content.

You may terminate your use of MindApp at any time. You are responsible for all your content and activity. Varatek has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You understand that the transmission of your content may be transmitted unencrypted over various networks or devices.You may share your maps with others. You may share via Facebook, Twitter, Google +, or email. Our Terms of Use does not cover the terms of Facebook, Twitter, Google +, or email or other companies and organizations that you choose to share your information. Refer to their Terms of Use and Privacy Policies.

Notice Specific to Software Available on this Website

Any software that is made available to download from this website ("Software") is the copyrighted work of Varatek Software, Inc., North Andover, Massachusetts 01845 United States of America. Use of the Software is governed by the terms of the end user license agreement which is included with the Software ("License Agreement"). An end user will be unable to install any Software that includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER LOCATION OR SERVER FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Disclaimers and Limitation of Liability

VARATEK SOFTWARE, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VARATEK SOFTWARE, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VARATEK SOFTWARE, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. NOR DO WE ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER COMMUNICATIONS OR PERSONAL SETTINGS.

THE INFORMATION PUBLISHED ON THIS WEBSITE MAY NOT BE ERROR FREE. VARATEK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

VARATEK SOFTWARE, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AND/OR THE PROGRAMS DESCRIBED ON THIS SITE AT ANY TIME. IN NO EVENT SHALL VARATEK SOFTWARE, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE.

Varatek assumes no responsibility, and shall not be liable for, any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the site.

Varatek does not control the transfer of information over the internet. The web site service MAY BE SUBJECT TO DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. Varatek SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS SUFFERED AS A RESULT OF SUCH A FAILURE OF THE SERVICE.

INDEMNITY

You agree to indemnify and hold Varatek, its affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.

Miscellaneous

You may not use this site for any purpose that is unlawful. You expressly agree not to "frame," "mirror" or otherwise incorporate any part of this Site into any other website without our prior written permission.

Links to third party are not under the control of Varatek and Varatek is not responsible for the contents of any linked site. Varatek provides these links to you only as a convenience.

Unsolicited Submissions

We are pleased to hear from our users and welcome your comments regarding our product and services. Varatek does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Varatek will be deemed not to be confidential. If you send us comments, suggestions, ideas, articles, materials, notes, drawings, concepts or other information, the submissions shall be deemed, and shall remain, our property and we may use, copy, display, distribute, adapt, transfer or dispose of submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any submissions.

TRADEMARK INFORMATION

MindApp is a registered trademark or trademark of Varatek Software, Inc. Mind Maps is a registered trademark of The Buzan Organisation, Ltd. All other trademarks, trade names or company names referenced herein are used for identification only and are the property of their respective owners.

GENERAL INFORMATION.

This site is operated by Varatek Software, Inc., North Andover, Massachusetts, United States of America. If there is any dispute involving the site, service, or materials, you agree that the dispute shall be governed by the laws of the Massachusetts, United States of America, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Massachusetts. Varatek makes no representation that the Software or information is appropriate or available for use in other countries. If any provision of these terms of use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term. Varatek's failure to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Any rights not expressly granted herein are reserved.