Welcome to Innovator Mindset® (“IM”). Your access to or use of the innovatormindset.com website including its sub-domains (the “Website”), its Content and Services (as defined below), constitutes your acceptance and agreement to be bound by the terms and conditions stated below:

Definitions

Innovator Mindset, “IM, “we”, “us”, “our”: Innovator Mindset, LLC, a Minnesota limited liability company, doing business as Innovator Mindset, and as Insight Fusion.

User, “you”, “yours”: anyone who accesses the Website and/or uses the Content and/or Services (as defined below).

Products: all and any products provided by IM on the Website.

Content: all and any content generated by or contained on the Website, including, without limitation, questionnaires, reports, profiles, text, graphics, software and Products.

Services: all and any services provided by IM from the Website, including, but not limited to, your access to the Content or portions thereof, and other Website features.

Intellectual Property. The IM Content and Services are proprietary to IM and its third-party content providers are protected by intellectual property laws including, without limitation, copyright and trademark law and may not be used except as provided in these Terms of Service and Use.

You may download material displayed on this site or emailed to you by IM, solely for your own noncommercial personal or internal use, as applicable. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the site for public or commercial purposes, including the text, images, audio, and video without written permission from IM. You are free to share any of your personal Innovator Mindset reports with any third parties at your discretion, in either electronic form or hard copies, provided that such reports have not been edited or modified in any way, and with the restriction that no third party may publish any of the information contained in an Innovator Mindset report, in any form, without written permission from Innovator Mindset.

You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the IM Content and Services.  Except for the limited use rights granted to you in these Terms of Service and Use, you shall not acquire any right, title or interest in the IM Content and/or Services.  Any rights not expressly granted in these Terms of Service and Use are expressly reserved.

Prohibited Use. You may not use the Website, its Content and/or Services in any way prohibited by these Terms of Service and Use. Your use of the Website, its Content and/or Services is subject to all applicable international, federal, state and local laws and regulations. You may not use the Website, its Content and/or Services for any illegal purpose or in any manner which could damage, disable, or impair the Website, its Content and/or Services or interfere with any other party’s use and enjoyment of Website, its Content and/or Services. User will not duplicate or reverse engineer the Innovator Mindset instrument, or any of its components, including scored items, or create any derivative works based on the Innovator Mindset technology, or assist anyone in doing so, without permission from Innovator Mindset.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

DISCLAIMER OF WARRANTIES. The IM Content and Services are provided to be used as one of many tools to assist users to make assessments, and are provided on an “as-is” basis without warranty of any kind, to the maximum extent permitted by applicable law.  Access to the Website and Services is provided on an “as available” basis.  IM, and its officers, directors, employees, parent company, partners, successors, agents, content providers, affiliates, subsidiaries, and their related companies (collectively the “IM Parties”) disclaim any and all warranties relating to the IM Content and Services, whether express or implied including, without limitation, any warranties of title, merchantability, fitness for a particular purpose, or non-infringement; and warranties concerning the availability, accuracy, security, usefulness, or informational content in the IM Content and Services.  IM makes no warranty that the Content and/or Services are suitable for any particular purpose, including pre-employment screening, personality assessment, predicting behaviors, abilities and/or skills. IM cannot guarantee and does not promise any specific results from use of the IM Content and Services.

Limitation of Liability. To the maximum extent permitted by applicable law, in no event will the IM Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected with the IM Content and/or Services, including without limitation damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, Content and/or Services, with the delay or inability to use the Website, Content and/or Services, for breach of information including without limitation personal information you provided to IM or submitted on the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if IM is aware or has been advised of the possibility of such damages.

IN NO EVENT WILL TOTAL LIABILITY OF IM UNDER OR RELATED TO THESE TERMS OF USE, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FEES WE ACTUALLY RECEIVED FROM YOU DURING THE ONE (1) YEAR PERIOD PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, CONTENT AND SERVICES.

These Terms of Service and Use apply to User, as they appear here at the time User accesses the Website, Content and/or Services. Innovator Mindset may at any time revise these Terms of Service and Use by updating this posting.

Modifications of These Terms of Service and Use. IM reserves the right, to make revisions to these Terms of Service and Use from time to time, in its sole discretion. The updated Terms of Service and Use are available to the User on the Website. Please check the Terms of Service and Use before using the Website, Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Service and Use, please terminate these Terms of Service and Use by immediately by (a) notifying IM that you are unwilling to accept the changes to the Terms of Service and Use, and (b) by discontinuing your access to and use of Website, its Content and Services. Your continued access to and/or use of the Website, Content and/or Services constitutes your acceptance of these Terms of Service and Use and any revisions thereto.

Modifications of Content and Services. IM reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or portions thereof, including, without limitation, changing pricing of Products and Services, with or without notice to you, and without liability to you or any third party.

Applicable Law. To the maximum extent permitted by law, this agreement regarding the Terms of Service and Use is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minneapolis, Minnesota, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. IM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Content and/or Services or information provided to or gathered by IM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between User and IM with respect to the Website, Content and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IM with respect to the Website, Content and/or Services. A printed version of this agreement in English and of any notice given in electronic form shall 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.

Privacy Policy. Innovator Mindset will take reasonable steps to protect the confidentiality of the data you provide including your personal contact information, the answers you provide to survey questions and your scores, and will not disclose any of that data to any third party without your permission, except as stated below.

Innovator Mindset reserves the right to respond to requests to confirm the authenticity of any Innovator Mindset report and the scores and projections contained therein. Innovator Mindset may disclose whether or not you are in our records as having received a report, how often you have received one, and other relevant context that may enable someone to judge the reliability of a report.

In the event that Innovator Mindset becomes aware of any inaccurate representation of any Innovator Mindset report or the information contained therein, in any manner or venue, public or private, whether by you or any third party, Innovator Mindset may, at its discretion, request the correction or removal of that information. You agree to cooperate by immediately correcting or removing any such information if within your control, or to assist in requiring any third party to promptly correct or remove that information. Innovator Mindset may at its discretion disclose alternative information that corrects the inaccuracy, and disclose whether a user has been found to inaccurately represent any of the information contained in any Innovator Mindset report.

Innovator Mindset may at its discretion publish aggregated data that does not identify individuals, in any venue or format including but not limited to published research, website information, blog posts, presentations, training, demonstrations, videos, news releases and other forms of publicity. This may include individual scores and reports provided that the name of the person who provided the data is not disclosed.