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Terms of Use

Last updated on: 5/30/2025

The website located at https://clickmindlearning.com (the “Site”) together with any other related sites, mobile-friendly sites, additional software, and data (collectively, “ClickMind Products”) is intellectual property belonging to ClickMind, LLC (the “Company”). Certain features of the ClickMind Products may be subject to additional terms, or rules, which will be posted on the ClickMind Products in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms (as defined below).

These Terms of Use for ClickMind Products (These “Terms”) govern your use of ClickMind Products. By accessing or using the ClickMind Products or by accepting these Terms through an “I Accept” check-box or similar method, you are accepting these Terms and agree to be bound by and abide by these Terms and the Company’s privacy policy, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. These Terms along with any Order (defined below) form a legally binding agreement between you and the Company. If you are under 18 years of age, your parent or guardian must enter into these Terms on your behalf, and this parent or guardian represents and warrants that he or she accepts these Terms on your behalf. If you are a student, please contact your parent or guardian before entering into these Terms. Failure to comply can result in deletion of your
account.

The ClickMind Products are available for use by adults, children, and classroom teachers and administrators on an institutional or individual subscription basis. Certain ClickMind Products may be available for free on a trial basis. Access to ClickMind Products is sometimes enabled through learning management system (LMS) integrations. The Company only collects and processes information pertaining to children as a processor for the educational institutions when delivering its ClickMind Products. The Company does not use identifiable ClickMind student information for its own purposes. For information on your ClickMind school’s privacy policies, please contact the school’s administration. See the Company’s Privacy Policy at https://www.clickmindlearning.com for additional information on the Company’s privacy and data collection and usage practices.

The Company is willing to provide the ClickMind Products to you only on the condition that you first accept these Terms. By accessing, registering for, or using any ClickMind Product, or by accepting these Terms through an “I Accept” check-box or similar method, you agree to these Terms. These Terms along with any Order form a legally binding agreement between you and the Company.

Please read these Terms carefully and, if you wish, print or save a copy for your records. If you do not agree with these Terms, you may not access or use the ClickMind Products. Your use of certain ClickMind Products, or parts of certain ClickMind Products, may be subject to additional terms, which may be presented to you for acceptance when you sign up for those ClickMind Products, or may otherwise be accessible through the ClickMind Products (“Supplemental Terms”). Such Supplemental Terms will be considered part of these Terms. In the event of any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to your use or access of the ClickMind
Products (or the relevant parts of the ClickMind Products) associated with such Supplemental Terms.

If you are accepting these Terms on behalf of another organization or entity, you represent that you are duly authorized to bind that organization or entity to these Terms.

Orders

You may gain access to the ClickMind Products through your acceptance of an online or printed order form or other ordering document that references these Terms, including access through an access code or card (an “Order”). An Order may specify applicable fees, how long you are authorized to use the ClickMind Product, and other terms. In the event of a conflict between these Terms and the terms of an Order (excluding these Terms), these Terms shall control except only to the extent that the Order identifies the specific provision(s) in these Terms to be varied.

Changes to the ClickMind Products

The Company may, with or without notice, add features to the ClickMind Products, or change or remove features of the Number ClickMind, at any time.

Your Account

To use a ClickMind Product, you will need ClickMind username and password. Certain ClickMind Products may also require additional login information.
Your account is for your personal use only. You may not authorize others to use your account,
and you may not assign or transfer your account.
You must keep your username and password confidential. You are responsible for all activities, charges, and liabilities associated with your account. You agree to immediately notify the Company of any unauthorized use of your account of which you are aware. If you are a minor, the Company reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult’s request.

Content

The ClickMind Products may allow you to upload or otherwise add through the ClickMind
Products information, text, graphics, photos, audio, video, and/or other materials and content
(“Content”). You represent and warrant that you own or have the full right to provide all Content
that you provide through the ClickMind Products for use with the ClickMind Products(“Your Content”), and that Your Content does not infringe any third-party rights, including any
intellectual property, publicity or privacy rights.

The Company does not obtain ownership of Your Content. You hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, modify, prepare derivative works of, perform and display Your Content in connection with the ClickMind Products and the Company’s business, including for promoting the ClickMind Products, in all media now known or hereafter devised, and through any media channels. In the event that perpetual license terms are not allowed by law, the term shall be for the longest period allowed by applicable law.

The Company does not adopt, endorse, or accept responsibility for Your Content or any third-party Content. You agree that the Company will not be liable for any loss or damage resulting from your reliance on Your Content or any third-party Content available through the ClickMind Products.

The Company reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove Content from the ClickMind Products.
After termination of your use of any ClickMind Products, except as required by applicable law, the Company does not have any obligation to destroy, return or retain Your Content relating to your use of such ClickMind Products. It is your sole responsibility to backup and export Your Content prior to termination.

Your Use of the ClickMind Products

During the applicable term of your subscription for use of the ClickMind Products if specified in an Order, the Company grants you a limited, non-exclusive, non-transferable license only to access and to use the ClickMind Products for the Permitted Use (as defined below), subject to your compliance with these Terms. You may not use the ClickMind Products for any other purpose, or after the end of the applicable term, or after termination of your rights to use the ClickMind Products under these Terms.

“Permitted Use” means your personal noncommercial purposes, or, only if the Order expressly specifies, your noncommercial educational or instructional purposes.
You shall provide, at your own expense, suitable equipment, software, and internet access as necessary to access and use the ClickMind Products.
Neither the ClickMind Products nor any portion thereof may be displayed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose without the Company’s prior written consent. You may not frame or utilize framing techniques to enclose any Mark (defined below) or other proprietary information (including images, text, page layout and form) of the Company or its licensors without the Company’s prior written consent. You may not use any meta tags or any other “hidden text” using “ClickMind ”, theCompany’s Marks or other intellectual property automatically terminates the license granted by the Company under these Terms and your right to use the ClickMind Products.

Company Materials and Intellectual Property

The Company and its licensors own and retain all right, title, and interest in and to the ClickMind Products, all underlying technology used with or otherwise enabling the ClickMind Products, and all software and Content (other than Your Content, which you own subject to the license set forth herein) available within the ClickMind Products (collectively, “Company Materials”), including all associated trademarks, copyrights, and other intellectual property rights. Nothing in these Terms transfers any such rights, title or interest to you or any other user, and the Company reserves all rights not expressly granted to you. All software and apps provided to you under these Terms are licensed, not sold.

You agree not to remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within Company Materials. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software underlying or otherwise used to provide the ClickMind Products or any part thereof, except to the extent allowed by law notwithstanding this restriction.

All trademarks, service marks, trade names, logos and graphics included within the ClickMind Products (“Marks”) are trademarks of the Company and its licensors. You may not use any Marks without the prior written consent of the Company.

You agree that any breach of your obligations with respect to the Company’s and its licensors’ proprietary or intellectual property rights will result in irreparable injury to the Company and its licensors for which money damages are inadequate, and you therefore agree that the Company and its licensors shall be entitled to seek injunctive relief to address such breach, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

Modifiable Company Content

Certain ClickMind Products may contain some Company Materials that are presented to you in a modifiable format, where your modification of Company Materials is expressly and clearly permitted (“Modifiable Company Content”).

Subject to your compliance with these Terms and any use restrictions specified in the applicable Order, and during the term of the applicable ClickMind Products, you may: (1) modify and create derivative works of Modifiable Company Content, (2) reformat and print copies of Modifiable Company Content (including your modifications and derivative works of Modifiable Company Content) when the capability to reformat and/or print that Modifiable Company Content is made available through the ClickMind Products, and (3) use Modifiable Company Content (including your modifications and derivative works of Modifiable Company Content) solely for the Permitted Use.

Shared Content

Certain ClickMind Products may contain Content posted by the Company and other users (including Your Content) in an area of an applicable service that is designated as a learning space and/or user community and that is presented to users in a modifiable format and in a manner clearly indicating that modification and distribution for the Permitted Use is permitted
(“Shared Content”).
Subject to your compliance with these Terms and any use restrictions specified in the applicable Order, and during the term of the applicable ClickMind Products, you may: (1) modify and create derivative works of the Shared Content, and (2) copy, distribute, display, perform, and otherwise use those modifications, derivative works, and Shared Content, by means of any media or delivery technology now known or hereafter devised, solely for the Permitted Use.

Your Modifications to Modifiable Content, Shared Content, and Open Content

If you make any modifications to or derivative works of Modifiable Company Content, Shared Content, or Open Content, then all such modifications and derivative works shall be considered part of Your Content and are subject to the license and other provisions in the Section entitled “Content” above, as well as all other applicable provisions of these Terms.

Instructor Use
If you are a teacher or instructor, you may incorporate Company Content (including your modifications and derivative works of Modifiable Company Content) in: (1) in-class handouts (provided without charge and limited in the number of copies), (2) online classrooms or courses (so long as access to the Company Content is limited to matriculated students enrolled in your class who are required to accept these Terms and enter a unique passcode or other verifiable industry-standard authentication system that ensures each user is individually identified before such access), (3) in-class displays (e.g., via projector, computer monitor or television screen), (4) class outlines or lessons, and (5) non-fee based exams, in each case associated with a course of study (i.e., a class) for which the e-book included in the ClickMind Product as specified in an Order has been adopted and is concurrently being used.

Fees

Some ClickMind Products and associated Content may be available only if an associated fee has been paid. Unless otherwise specified in the applicable Order, all fees are payable in U.S. dollars. All fees paid are nonrefundable and non-creditable.

Acceptable Use

You may only access the ClickMind Products and related Content through the interface provided by the Company and for lawful purposes. You represent, warrant, and agree that you will not:

  1. Use the ClickMind Products to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim, or otherwise violate any local, state, federal, or international law or regulation, including export control laws and regulations. Without limiting the foregoing, you agree that you will not use the ClickMind Products in connection with the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons;
  2. Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable Content;
  3. Upload, post, or otherwise transmit through, to or otherwise using the ClickMind Products any Content that infringes or violates any intellectual property right, publicity right, privacy right, or other right of any third party;
  4. Upload, post, or otherwise transmit through, to or otherwise using the ClickMind Products any Content that contains any malware, viruses, spyware, worms, or other malicious code or files;
  5. Disrupt the normal flow of communication in the ClickMind Products or otherwise act in a manner that negatively affects any other users’ ability to use or benefit from the ClickMind Products;
  6. Interfere with or disrupt the ClickMind Products or servers or networks connected to the ClickMind Products, or violate any requirements, procedures, policies, or regulations of networks connected to the ClickMind Products; Access (or attempt to access) any part of the ClickMind Products or Content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the ClickMind Products;
  7. Use the ClickMind Products for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of the ClickMind Products by automated or other means;
  8. Impersonate or attempt to impersonate the Company or a Company employee, another user, or any other person or entity, or post any information that misrepresents the identity, characteristics or qualifications of you or any other person, including the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;
  9. Frame or mirror any part of the ClickMind Products;
  10. Use metatags or code or other devices containing any reference to the Company person to any other website or ClickMind Products for any purpose;
  11. Use the ClickMind Products in a manner contrary to the educational purpose of the ClickMind Products, such as by posting answers to test or assessment questions provided through the ClickMind Products; or
  12. Otherwise use the ClickMind Products in violation of these Terms.

Third-Party Services

The ClickMind Products may include services or other technology provided by third parties (“Third-Party Services”). The applicable supplier of any Third-Party Services is an intended third-party beneficiary of these Terms and may enforce these Terms directly against you with respect to such Third-Party Services. Alternately, an Order (or activation process) for a Third-Party Service may include or be accompanied by a separate service, license, or other agreement (“Third-Party Agreement”), in which case that Third-Party Service is provided solely under the ClickMind Terms of that separate Third-Party Agreement. The Company may also provide you with certain “Third-Party Supplier Notices” in connection with the provision of Third-Party Services. The applicable Order (or activation process) for a Third-Party Service may include or be accompanied by Third-Party Supplier Notices. Placing an Order for a Third-Party Service that includes a separate Third-Party Agreement and/or Third-Party Supplier Notices, or activating a Third-Party Service for which the activation process includes a Third-Party Agreement and/or Third-Party Supplier Notices, constitutes your acknowledgment that you have read and agree to all applicable Third-Party Agreements and Third-Party Supplier Notices. The Company is not a party to, and is not liable for breaches of, any Third-Party Agreement.

The Company assumes no obligation or liability for: (1) the functionality or performance of Third-Party Services, including their content, accuracy, or reliability, or (2) the acts and omissions (including with respect to privacy practices) of the suppliers of Third-Party Services. You acknowledge that a Third-Party Agreement might give the applicable third-party supplier rights with respect to your data beyond those allowed by these Terms or the Company’s Privacy Notice. The Company does not guarantee that a third-party supplier will comply with its agreement with the Company or its Third-Party Agreement with you, and the Company is not required to enforce its agreement with a supplier of Third-Party Services.

Digital Rights Management

A ClickMind Product might contain or be accompanied by digital rights management technology or similar security technology designed to protect digital information against piracy and other misuse. You acknowledge that any such technology is not a defect in Product. While accessing a ClickMind Product, your internet-accessible device may be directly connected to an internet site operated by or on behalf of the Company in order to upgrade that security technology. You hereby consent to the use and automatic upgrading of that security technology. You shall not circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the security technology contained in or accompanying any ClickMind Products.

General Practices Regarding Use of ClickMind Products and Storage of Your Content

The Company may establish general practices and limits applicable to your use of the ClickMind Products, including the maximum number of days that Your Content is retained in connection with the applicable ClickMind Products, the maximum storage space allotted on your behalf for such ClickMind Products, and the maximum number of times (and the maximum duration for which) you are allowed to access the ClickMind Products in a given period of time. The Company may suspend or terminate user accounts for which applicable fees are unpaid, or that are inactive for an extended period of time, with or without notice. The Company may establish and change these general practices and limits at any time, with or without notice.

You acknowledge that the ClickMind Products are not designed or intended to be used as part of a disaster recovery facility or an emergency data storage facility. Although the Company takes reasonable precautions to preserve and protect Your Content, you shall not rely on the ClickMind Products as your only storage means. You should make and preserve your own backup copies of Your Content. The Company is not liable for damage to, deletion of, or failure to store, Your Content.

Disclaimer of Warranties

The ClickMind Products and Company Materials are provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the ClickMind Products, Company Materials, or other information, content or materials made available through the ClickMind Products, including Company Modifiable Content, Shared Content, Open Content, Third-Party Services, or Collaboration Tools (collectively, the “ClickMind Products Items”). You agree that your use of the ClickMind Products, Company Materials, and ClickMind Products Items is at your sole risk. The ClickMind Products, Company Materials and ClickMind Products Items could include
inaccuracies or typographical errors. Advice received via the ClickMind Products, Company Materials, and ClickMind Products Items is informational only, does not constitute medical, legal, tax, financial, or other professional advice, and should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. The Company does not warrant or make any representations regarding the use of or the result of the use of any ClickMind Products, Company Materials or ClickMind Products Items in ClickMind Terms of their correctness, accuracy, reliability, or otherwise, and you (and not the Company) assume the entire cost of all necessary servicing, repair and correction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE NUMBERDNA PRODUCTS OR COMPANY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NUMBERDNA PRODUCTS OR COMPANYMATERIALS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

Neither the Company nor its suppliers, nor their respective directors, employees, officers or representatives will be liable for any damages of any kind arising from the use of or inability to use the ClickMind Products, Company Materials, or ClickMind Products Items including, but not limited to, any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any lost profits, lost data, or loss of revenue. Without limiting the foregoing, the Company’s total liability will at all times be limited to the fees you have paid to Neaton the Company for the ClickMind Products at issue during the prior three (3) months. The limitations in this paragraph shall apply to the extent permitted by applicable law.
You agree that the Company is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to any ClickMind Products.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE CLICKMIND PRODUCTS, COMPANY MATERIALS, OR CLICKMIND PRODUCTS ITEMS; ANY CLAIMS RELATED TO YOUR CONTENT; OR YOUR VIOLATION OF ANY OF THESE TERMS.

This paragraph shall survive any expiration or termination of these Terms.

Collaboration Tools

The ClickMind Products may include comment areas, message forums, chat areas and other collaboration tools (“Collaboration Tools”). You agree to use all Collaboration Tools in good faith and not in support of any business venture or entity. The Company disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in any Collaboration Tools. The Company is not responsible for any errors or omissions in Content provided through Collaboration Tools, including any hyperlinks embedded in any such Content. Under no circumstances will the Company, or its affiliates, suppliers or agents be liable for any loss or damage caused by the Collaboration Tools, including your reliance on information obtained through the Collaboration Tools. The opinions expressed in or through any Collaboration Tools are solely the opinions of the participants, and do not reflect the opinions of the Company.

Internet LinksSome links within the ClickMind Products may lead to websites controlled by third parties. Because the Company has no control over these websites, the Company is not responsible for such websites’ content or accessibility via the internet and does not endorse products, ClickMind Products, or information provided by such websites. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or ClickMind Products available on or through any other website. Further, the inclusion of these links does not imply that there is any relationship between the Company and the linked websites.

Reference to other companies does not imply any partnership, joint venture, or other legal connection where the Company would be responsible for the actions of their respective owners.

Termination

You agree that The Company may terminate, suspend, or block your use of all or part of the ClickMind Products, without liability or refund, if in the Company’s sole determination, you have breached these Terms. You agree that upon termination of your participation in the ClickMind Products for any reason, the Company may delete all information related to you on or within the ClickMind Products and may prevent your continued access to and use of the ClickMind Products.

In order to protect the integrity of the ClickMind Products, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the ClickMind Products.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to the Company relating to modifying or improving the ClickMind Products (“Feedback”), whether solicited or unsolicited, are non-confidential. The Company may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use Feedback, and in the event perpetual license ClickMind Terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.

Changes to These Terms

The Company may change these Terms from time to time. When these changes are made, the Company will make a new copy of these Terms available through the ClickMind Products. You understand and agree that your use of the ClickMind Products after the date on which these Terms have changed constitutes acceptance of the updated ClickMind Terms.

VenueAll disputes arising out of or relating to these Terms, including all intellectual property issues and your rights and obligations, shall be governed by Michigan law and shall be resolved in the courts of Michigan.

Notice and Procedure for Making Claims of Copyright Infringement

Removal of Infringing Material –
Under the Digital Millennium Copyright Act, users who have a good faith belief that copyrighted material resides on the Site or ClickMind Products in contravention of their exclusive rights may issue to us a notice pursuant to 17 U.S.C. 512. Upon receipt of sufficient notice, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

Proper Notice under the DMCA – To issue proper and effective notice under the DMCA, please submit a written notice that includes the following:
a. b. c. d. e. f. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices should be submitted to:
Dan Neaton
Cofounder, ClickMind, LLC
2291 Weber Dr.
Dexter MI, 48130
Phone: 734-249-4593
Email: dan@clickmindlearning.com