INTRODUCTION

Welcome to the website (the “Site”) of LuMind IDSC Foundation, a non-profit 501(c)(3) entity (“LuMind IDSC,” “we,” “us,” or “our”). LuMind IDSC is dedicated to accelerate research to increase availability of therapeutic, diagnostic, and medical care options and to empower individuals with Down syndrome and their families through education, connections, and support.

The Site has been created to further LuMind IDSC’s mission. LuMind IDSC also makes available through the Site the myDSC program (“myDSC”) (collectively, including the Site, the “Service”), a free membership program available to individuals with Down syndrome, their families, caregivers and loved ones, which grants access to resources such as informative videos, articles, podcasts, webinars, infographics, polls, and challenges to help members reach their loved one’s personal goals for a healthy and independent life with Down syndrome as well as an access to evidence-based research and medical care information.

This Privacy Policy applies to Personal Data that we collect from you as a myDSC membership applicant or myDSC member or other user of the Service, or as a participant in research we may sponsor from time to time. It explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices.

Before using the Service or otherwise submitting any Personal Data to LuMind IDSC, please review this Privacy Policy carefully and contact us at [email protected] if you have any questions. By using the Service or submitting Personal Data to us, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Service or submit Personal Data to us.

1. PERSONAL DATA WE COLLECT

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

Information Collected from Site Users

We collect information that you provide when you interact with our Site, such as when you request content, make a donation, apply to join LuMind IDSC as an organization or participate in surveys. Certain information is also logged automatically in our systems. The information we collect or receive is described below.

• Requesting or Submitting Information or Content. We collect Personal Data that you provide when you choose to interact with our Site by entering Personal Data into form fields, request information, ask to download content, sign up for events, post comments on pages, projects, or our blog, or subscribe to emailing lists. You decide what Personal Data is provided to LuMind IDSC, but this typically includes your name, email address or other contact information, and any other information that you elect to share.
• Communicating With Us. We may collect information when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback. Providing communication data is optional to you.
• Making a Donation. When you make a donation on our Site, we collect Personal Data such as your name, email address, the financial information needed to process the donation, which may include your billing address, and information about your donation, including the amount of your donation. We also collect (but do not retain) credit card numbers which are processed by a third-party payment processor. If you use PayPal, Apple Pay or a similar service, their use of your information is based on their terms of service and policies, not ours, so we encourage you to review those policies carefully. When you make a donation in honor or memory of a loved one, we collect name and last name of the recipient and, if you elect to provide this information, the mailing address of the recipient. We will also share your name and date of donation with the recipient.
• Contests, Promotions, and Surveys. Periodically, LuMind IDSC may invite you to participate in contests, take advantage of special promotions, and complete online surveys or participate in focus groups and we will collect the information that you provide when participating in such initiatives. This information may include information about signs and symptoms of certain medical conditions, types of medicine your loved one takes, or you or your loved ones’ behaviors, challenges and interests. If you have provided your name and email address when participating in these contests, promotions, and surveys, information we collect from these contests, promotions, and surveys or focus groups may be associated with you personally.
• Demographic Data. We collect your age and gender if you chose to provide it. Some of our surveys may ask you to provide information about your income level, however this information will not identify you (“de-identified”).
• Social Media Data. We have pages on social media sites like Facebook, Twitter, LinkedIn, Instagram and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
• Internet Activity Data. As a visitor to our Site, LuMind IDSC’s servers automatically record certain information about your visit, use, or interactions with our Site, such as your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Site), which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Site (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation patterns In particular, the following information is created and automatically logged in our systems:
  • Log Data: Information that your browser automatically sends whenever you visit the Site. Log Data includes your IP address, browser type and settings, the date and time of your request, and how you interacted with the Site.
  • Cookies Data: Please see the “Cookies” section below to learn more about how we use cookies.
  • Device Data: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Data: We collect information about how you use our Site, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
  • Location Data: We derive a rough estimate of your location from your IP address.
  • Email Open/Click Data: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.

  Personal Data Collected From myDSC Members

  When you apply to join myDSC or use its features, we collect additional Personal Data as described below.

• Join myDSC: When you apply to join myDSC, we collect your first and last name, date of birth, postal and email address, type of residence. You can choose to provide additional information about your or your loved one, such as your phone number, the topics you are interested in, a photo, etc. If you have a loved one with Down syndrome, you will be requested to provide information on the loved one, such as first and last name, date of birth, address.
• Submitting Questions: Some features of myDSC enables you to submit questions about general health care topics to health care professionals, such as doctors. LuMind IDSC will collect your questions and the responses, and the responses will be posted to the Site in a way that does not identify you (“de-identified”).Medical Disclaimer: The information on this Site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, videos, images and information, contained on or available through this Site is for general information purposes only. LuMind IDSC makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Site, including the responses to any questions submitted to health care professionals, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Site with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THESE WEBSITES. IF YOU OR A LOVED ONE ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.LuMind IDSC does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, services, opinions, health care providers, or other information that may be contained on or available through any LuMind IDSC website. LUMIND IDSC IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH OUR SITES.
• Member Polls: Periodically, LuMind IDSC may invite you to participate in polls to gain a better understanding of our constituents and their needs. Information we collect from these polls may be associated with you personally.

Personal Data Collected When We Conduct Research Activities

When you apply to and/or participate in a research study sponsored by us, including the study on tracking symptoms and challenges of Alzheimer’s disease in people with Down syndrome using the myGoalNavTM online platform provided by Ardea Outcomes (collectively, “Research”), our research partners (such as contract research organizations and, for the myGoalNavTM, Ardea Outcomes – “Research Partner”) will collect the information that you provide when you choose to enroll in Research, which may include your name, email address, address, age group, gender, relationship to the caregiver, and health related information provided as a part of the applicable Research. We will use the data collected through the Research, in an aggregate form, to help our research and for the purposes disclosed in the informed consent form provided to you in connection with your participation in the Research. To the extent you qualify for and are enrolled as a participant in Research, the terms of the applicable informed consent form will apply and will control over this Privacy Policy. Our Research Partners’ use of Personal Data collected as a part of the Research is governed by our contracts with them and the Research Partner’s own privacy policies. Each Research Partner will have its own privacy policy and its privacy practices may differ from the practices described in this Privacy Policy. We are not responsible for the privacy policies or privacy practices of Research Partners or other third parties.

Personal Data Collected from Other Sources

We may obtain information about you from volunteers who host our events (for example, when you make a donation through a volunteer’s platform) or from crowdfunding platforms that host fundraising campaigns. We may also obtain information about you from public records and from databases like OFAC when conducting due diligence on nonprofit organization or conducting fraud prevention checks on donations.

2. HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

• To respond to your inquiries, comments, feedback, or questions;
• When you register for myDSC, to provide access to myDSC and provide the products, services and features available through the myDSC, including providing targeted offerings to you as a member based on your loved one with Down syndrome’s ages and topics of interest and personalizing your experience on myDSC, allowing you to comment on content, participate in online games, contests, promotions or rewards programs and providing you with related support;
• To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
• To process and fulfill your donations, contact you regarding any questions related to your donation, and notify your loved ones about your donation in their honor if you ask us to;
• To send you updates on how your donation has been used, project appeals, newsletters, events, promotional materials or notifications related to LuMind IDSC’s products and services and/or the products and services of third parties we think will be of interest to you. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also update your marketing preferences through settings in your myDSC account profile. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
• To conduct research and for other purposes that will be disclosed to you in the applicable informed consent form, if you are a participant in a Research;
• To operate the Service and our business, and to develop new products, features and services;
• To analyze how you interact with our Service, including compiling aggregate statistics that allow us to understand how visitors or members use our Service, and to make improvements in design and content to better serve you;
• To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

3. SHARING AND DISCLOSURE OF PERSONAL DATA

In certain circumstances we may share the categories of Personal Data described above without further notice to you, unless required by the law, with the following categories of third parties:

• Vendors and Service Providers: We may share your Personal Data with certain vendors and service providers who help us manage or provide our products and services, including Research Partners, providers of hosting services, cloud services, and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and web analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.
• Donations. When you make a donation that is part of a campaign sponsored by your employer, and/or when your employer is being asked to match your donation, we may share your name and the amount of you donation with your employer. We may also identify you as a donor on our Site, for example in annual reports, or in appeal emails.
• Aggregated Data: From time to time, we may analyze the general behavior and characteristics of users of our Service and share aggregated information like general user statistics and aggregated demographic information with prospective business partners.
• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.
• Other Users/the Public: Certain features on our Service give you an opportunity to interact with us and others. These may include forums, message boards, chats, and creating community profiles. When you use these features, you should be aware that any information you submit, including your name, location and email address, may be publicly available to anyone, including other users, search engines, advertisers, third party application developers, and anyone else with access to the Service. We are not responsible for any information you choose to submit and make public through these interactive features.

4. COOKIES

We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

• Internet Explorer
• Mozilla Firefox 
• Google Chrome 
• Apple Safari

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may use cookies to collect Personal Data. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

Online Tracking and Do Not Track Signals: We and our third party service providers, including Facebook, may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. We make reasonable commercial efforts to recognize and support “Do Not Track” signals.

5. DATA RETENTION

We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting, or other purposes), whichever is longer.

6. CHILDREN

Our Service is not directed to children who are under the age of 13. LuMind IDSC does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to LuMind IDSC through the Service please contact us and we will endeavor to delete that information from our databases.

7. LINKS TO OTHER WEBSITES

The Service may contain links to other websites not operated or controlled by LuMind IDSC, including social media services and sites of our partners (links to which appear on the Site) (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. We encourage you to read the relevant Third Party Site’s policies before submitting any Personal Data to those sites.

8. SECURITY

You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to LuMind IDSC via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

 

9. INTERNATIONAL USERS

By using our Service or otherwise providing us with your Personal Data, you understand and acknowledge that your Personal Data will be transferred from your location to our facilities and servers in the United States.

10. YOUR CHOICES

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data and, for Personal Data provided in connection with your use of the myDSC, you can log in to your account to amend your choices with respect to your information.

11. CHANGES TO THE PRIVACY POLICY

The Service and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

12. CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us by email at [email protected], or by post at:

LuMind IDSC Foundation
20 Mall Road, Suite 200
Burlington, MA 01803-4126
United States
Phone: +1 781-825-1300

1. INTRODUCTION

Welcome to the website (the “Site”) of LuMind IDSC Foundation, a non-profit 501(c)(3) entity (“LuMind IDSC,” “we,” “us,” or “our”). LuMind IDSC is dedicated to accelerate research to increase availability of therapeutic, diagnostic, and medical care options for individuals with Down syndrome and to empower individuals with Down syndrome and their families through education, connections, and support.

The Site has been created to further LuMind IDSC’s mission. LuMind IDSC also makes available through the Site the myDSC program (“myDSC”) (collectively, including the Site, the “Service”), a membership program available to individuals with Down syndrome, their families, caregivers and loved ones, which grants access to resources such as informative videos, articles, podcasts, webinars, infographics, polls, and challenges to help members reach their loved one’s personal goals for a healthy and independent life with Down syndrome as well as access to third party products, research participation opportunities, surveys, evidence-based research and medical care information, and other services or opportunities to take action.

By using this Service, you, as a myDSC membership applicant or myDSC member or other user of the Service, are agreeing to the following Terms of Service and the Privacy Policy concerning use of this Service. Please read them carefully. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

2. YOUR REGISTRATION OBLIGATIONS

In return for use of the Service, you agree that you are more than 18 years of age. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Service administrators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Service has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

3. Privacy Policy

LuMind IDSC is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see the full Privacy Policy.

4. Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) used to access the Service, and are fully responsible for all activities that occur under your password(s). You agree to (a) immediately notify LuMind IDSC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. LuMind IDSC will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Member Conduct

The Service may include e-mail services, message boards, news, events, chat rooms, communities, personal profile Web pages, calendars, photo albums, file libraries, Instant Notes and/or other communication services. You agree to use the Service only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication service.

By way of example, and not as a limitation, you agree that when using the Service, you will not:
a) Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise;
b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property or other proprietary rights, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
e) Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allow such messages;
h) Download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
i) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
j) Restrict or inhibit any other user from using and enjoying the Service;
k) Harvest or otherwise collect information about others, including e-mail addresses;
l) Solicit personal information from anyone under the age of 18;
m) Violate any applicable laws or regulations;
n) Create a false identity for the purpose of misleading others;
o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof;
p) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
q) Violate any code of conduct or other guidelines, which may be applicable for any particular service.

6. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by LuMind IDSC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by LuMind IDSC from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of LuMind IDSC, our affiliates and our partners and licensors, including iModules Software, Inc. (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by LuMind IDSC.

The LuMind IDSC name and logos, and myDSC name and logos, are trademarks and service marks of LuMind IDSC (collectively the “LuMind IDSC Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LuMind IDSC. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LuMind IDSC Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of LuMind IDSC Trademarks will inure to our exclusive benefit.

8. Content submitted to this Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You agree that all member information and transactional data received or collected by the Service is the property of the Service. By uploading, emailing, posting, publishing or otherwise transmitting or submitting any User Content to this Service, you automatically grant the Service a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such User Content in any form, medium, or technology now known or later developed.

You acknowledge and agree that the Service may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Service, its users and the public. Without limiting the foregoing, the Service shall have the right to remove any User Content that violates the Terms of Service or is otherwise determined as objectionable.

Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to the Service are non-confidential and LuMind IDSC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Copyright Complaints

Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim in accordance with the procedure set forth below.

Notification Procedure: Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

LuMind IDSC Foundation
20 Mall Road, Suite 200
Burlington, MA 01803-4126
United States

To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and LuMind IDSC will have no liability or responsibility with respect thereto. LuMind IDSC reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

11. Indemnity

You agree to indemnify and hold the Service, its administrators, LuMind IDSC, iModules Software, Inc., and their officers, directors, employees and agents harmless from any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

12. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

13. Modifications to Service

The Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Service shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination of Use

You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Service.

15. Third Party Web Services, Content, Products and Services

The Service may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the site. You agree that the Service is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Service is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that the Service is not responsible or liable, directly or indirectly, for any loss or damage of any sort you may incur from dealing with any third party.

16. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE, LUMIND IDSC AND IMODULES SOFTWARE,INC. EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKE NO WARRANTY THAT:
a) THE SITE WILL MEET YOUR REQUIREMENTS;
b) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR
d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. THE SITE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

17. Limitation of Liability

IN NO EVENT SHALL THE SITE OR LUMIND IDSC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Notice

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

19. General

These Terms of Service constitute the entire agreement between you and LuMind IDSC and govern your use of the Service, superseding any prior agreements between you and LuMind IDSC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Company, but Company may assign or transfer this Terms of Service, in whole or in part, without restriction.

20. Violations

Please report any violations of these Terms of Service to: [email protected].