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Terms of Use

Updated November 1, 2023


1.1. By accessing, registering with, or using MindSumo, you are entering into a legally binding agreement with MBO Partners, Inc. dba MindSumo (a Delaware corporation with a place of business at 20405 Exchange Street, Suite 301, Ashburn, VA 20147 (“MBO”, “we”, “our”).

1.2. These Terms of Use apply to:

1.2.1. your use of our Websites or Services;

1.2.2. transactions using our Websites and Services.

1.3. You may use our Websites and Services only if you agree to these Terms of Use. Your accessing or use of our Websites and Services constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, stop using our Websites and Services including this MindSumo Website.

1.4. You may use our Websites and Services only if you are an adult and are legally authorized to do so. Our Websites and Services are not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, do not use our Websites and Services. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use our Websites and Services.

1.5. If you are accessing and using our Websites and Services on behalf of a third party, company, or as an agent of a third party (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that third party, company, or other legal entity to these Terms of Use. In that case, “you” and “your” will refer to that third party, company, or other legal entity.


2.1.Affiliate” means, with respect to a Party, any entity at any tier that Controls, is Controlled by, or is under common Control with that Party. The term “Control” (including with correlative meanings, the terms “Controlled by” and “under common Control with”) means the possession directly or indirectly of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of more than 50% (fifty percent) voting securities, by trust, management agreement, contract or otherwise.

2.2.Mutual Agreement to Arbitrate” means the Mutual Agreement to Arbitrate that governs the resolution of all disputes arising from the Websites and Services.

2.3.Challenge(s)” has the same meaning as MindSumo Challenge(s) as defined below.

2.4.Challenge Brief” means the document created for each MindSumo Challenge that describes the nature of the Challenge, and the specific Deliverables that Problem Solvers must submit in order to be eligible to win the Challenge Reward.

2.5.Challenge Portal” means a custom site designed for a Challenger to host Challenges with their own Problem Solver community.

2.6.Challenge Reward(s)” means the monetary or other compensation awarded to the winning Problem Solver(s) of a Challenge. The Challenge Rewards are standard, unless specifically chosen by The Challenger.

2.7.Challenge-Specific Provisions” means the additional terms and conditions outlined for a particular Challenge that a Challenger stipulates must be agreed to by participating Problem Solvers.

2.8.Challenger(s)” means the businesses or other entities that post Challenges to be worked on by Problem Solvers.

2.9.Claims” means claims, suits, actions, losses, damages, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, or expenses including reasonable attorneys’ fees.

2.10.Code of Conduct” means the Code of Conduct with which Users must comply.

2.11.Confidential Information” means all non-public information, written or oral, disclosed through any means of communication by Challenger or any Problem Solver in connection with the Challenge and any Solution.

2.12.Data Protection Laws” means any law, rule, regulation, decree, statute, or other enactment, order, mandate or resolution, as implemented or amended, applicable to MBO, Challenger, or Problem Solver relating to data security, data protection and/or privacy, including but not limited to:

2.12.1.EU GDPR” which means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data and the free movement of that data.

2.12.2.UK GDPR” which means EU GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019.

2.12.3.CCPA” which means the California Consumer Privacy Act of 2018 commencing with Section 1798.100 of the Civil Code, and its implementing regulations, and as amended by the “CPRA” (California Privacy Rights Act, otherwise known as the California Privacy Rights Act of 2020).

2.13.Data Subject” means an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and includes “Consumer” as the term is defined in the CCPA.

2.14.Deliverable(s)” means an idea or Solution including the Work Product Problem Solvers submit to Challenges.

2.15.Disclosing Party” means MBO, Problem Solver, or Challenger or any of their respective Affiliates who discloses or permits access to its Confidential Information.

2.16.Includes” or “Including” means “includes but not limited to” or “including but not limited to” respectively.

2.17.Intellectual Property Rights” means any and all rights arising in the United States or any other jurisdiction, including the right to sue, counterclaim, and recover for all past, present, and future infringement misappropriation, or dilution thereof, and including all right, title, and interest in and to:

2.17.1. patents, patent disclosures, and inventions, whether patentable or not;

2.17.2. trademarks (whether registered or unregistered and including any goodwill acquired in such trademarks), service marks, trade names, logos, corporate names, domain names, and other designations of source, sponsorship, affiliation, or origin, together with all related goodwill;

2.17.3. copyrights, copyrightable works, and other works of authorship including computer programs, data, data collections, and databases;

2.17.4. trade secrets, know-how, and other Confidential Information;

2.17.5. moral rights.

2.18.Malicious Code” means viruses, worms, time bombs, Trojan horses, spam and other harmful or malicious code, files, scripts, agents, or programs.

2.19.MindSumo Challenge(s)” means specific problems of individual organizations that are posted for Problem Solvers to try and solve.

2.20.Party” means MBO, a Visitor, User, Challenger or Problem Solver individually, and may be referred to collectively as the “Parties.”

2.21.Personal Information” means the personal information of MindSumo users that is collected in the registration process including but not limited to name, telephone number, email address and resume.

2.22.Privacy Policy” means the Privacy Policy that describes how we collect use, disclose and protect the Personal Information we process in connection with and is available at Privacy Policy.

2.23.Problem Solver” means the registered MindSumo Users who submit potential solutions to Challenges that are posted on the site located at or on Client Challenge Portals.

2.24.Problem Solver Agreement” means the agreement between Challenger and Problem Solver containing Challenge-Specific Provisions which must be agreed to for Problem Solvers to be eligible to participate in the applicable Challenge.

2.25.Process” or “Processing” means any operation or set of operations which is performed on data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2.26.Receiving Party” means MBO, Problem Solver, or Challenger or any of their respective Affiliates who receives or is given access to Confidential Information.

2.27.Reward(s)” means any monetary or material compensation given to Problem Solvers for their activity on the website.

2.28.Sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual’s Personal Information to another business or a third party for monetary or other valuable consideration or as otherwise defined in the CCPA.

2.29.Sensitive Data” or “Sensitive Personal Information” means Personal Information that may, pursuant to applicable Data Protection Laws, require additional restrictions or protections regarding controlling, processing, and safeguarding such data or information; and shall have the meanings ascribed in applicable Data Protections Laws.

2.30.Services” means the combination of MBO’s services, acts, and activities to make it easier for organizations and independent professionals to work together, including the ability for companies to crowdsource breakthrough ideas quickly and affordably from creative problem solvers using For Visitors, the Services include the opportunity to browse profiles, educational materials and other information, invitations to events, and other services.

2.31.Solution(s)” A proposal or idea submitted by a Problem Solver for any individual MindSumo Challenge.

2.32.Terms of Use” means the Terms of Use that govern the use of our Websites and Services.

2.33.Websites” means our websites including, as well as any other website we operate, along with the services, features, functionalities, browser extensions and other services available through our websites and their sub-domains.

2.34.Winning Solution” A Solution that is chosen as the recipient of the Challenge Reward for a specific MindSumo Challenge.

2.35.User(s)” means any person using the Websites or Services and any legal entity represented by such person.

2.36.Visitors” are individuals and or entities who visit our Websites and may browse profiles, download publicly available resources, register for events, request information, or request to be contacted.

2.37.Work Product” means any tangible or intangible solutions, ideas, content, or Deliverables that a Problem Solver submits to a Challenge, including, but not limited to, configurations, proposals, videos, any other information, customized hardware, and or any intellectual property developed in connection therewith.


3.1. These Terms of Use create a legally binding agreement between you and MBO. By agreeing to these Terms of Use, you are agreeing to comply with and to be legally bound by the following related agreements and policies (“Related Agreements and Policies”) as if they were set forth in full in these Terms of Use:

3.1.1. Privacy Policy. You acknowledge that MBO will process your personal information in accordance with the Privacy Policy.

3.1.2. Code of Conduct. You shall comply with the Code of Conduct.

3.1.3. Mutual Agreement to Arbitrate. You and MBO shall comply with the Mutual Agreement to Arbitrate.

3.2. Updates. From time to time, MBO may update the Privacy Policy, Code of Conduct, or these Terms of Use. MBO will notify Users of the updates. If User does not accept the updated Terms of Use including the Related Agreements and Policies, then MBO may, in its discretion, terminate the agreement between a User and MBO and access to


4.1. Users shall use electronic signatures in connection with and receive all notices and copies of documents, including those that are legally required to be delivered to in writing at the email address provided by User. An electronic signature constitutes a “signature” that is a legally binding equivalent to User’s handwritten signature.

4.2. User and MBO shall promptly update the other if their email address changes.

4.3. Upon request from a User, MBO shall provide paper copies of documents of any documents relating to MindSumo. Users that make repeated requests may be charged a fee for the costs of making and sending paper copies, and MBO will notify User of the fee before sending the copies.


5.1. MBO provides a service whereby Challengers may post Mindsumo Challenges to source ideas or use MindSumo’s database to identify and recruit potential job candidates from among the pool of MindSumo Problem Solvers. Challengers may be commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. By using this Site, you acknowledge that:

5.1.1. MBO does not control Users or Challenge rules. MBO does not supervise, direct, or control Users in the creating, hosting, or execution of any MindSumo Challenge or Solution. MBO does not control in any manner the nature, quality, legality or timing of MindSumo Challenges. MBO is not involved in nor is it responsible for deciding the outcome of any solution including judging whether a solution should be selected as a Winning Solution.

5.1.2. MBO is not an employer, representative, or partner of any User. MindSumo is a neutral forum for MindSumo Challenges to be posted, and Solutions to be submitted. Though MBO offers its Websites and Services to facilitate transactions between Challengers and Problem Solvers and uses reasonable efforts to keep postings related to the results of Solutions and Challenge Rewards paid as current as possible, we do not guarantee that the postings or content on will be current at all times. Further, the relationship between MBO and any Party or User is that of independent contractors and nothing shall be construed as creating a partnership, joint venture, principal-agent, representative, or employer-employee relationship. No User or Party shall commit, nor be authorized to commit or bind, MBO in any manner.


6.1. Termination by a User. These Terms of Use including the Related Agreements and Policies create a legally binding agreement between you and MBO. You may terminate this agreement by submitting a request at any time to cancel your registration by contacting

6.2. Termination by MBO. A User’s ability to access or log in to their profile on may be terminated in the following circumstances:

6.2.1. Breach. MBO may terminate access immediately if a User materially breaches these Terms of Use, the Code of Conduct, or any of the other Related Agreements or Policies.

6.2.2. MBO may deny access. While MBO has no obligation to monitor the transactions between Users on, MBO may delete and take other appropriate action with respect to messages, information, data, or files which MBO, in its sole discretion, deems objectionable or otherwise in violation of the Terms of Use. MBO may deny access to to anyone at any time for any reason including removing and or discarding any of Your Content on or our Websites or Services (or any part thereof). We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Websites or Services (or any part thereof). All of Your Content may be permanently deleted by us upon termination of your account based on our sole discretion.


7.1. Problem Solvers shall comply with the provisions of these Terms of Use and the Related Agreements and Policies when using MBO’s Websites and Services including

7.1.1. Eligibility for MindSumo Challenges. MBO’s Websites and Services including are not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. For any Challenge posted by a Challenger that is an alcohol manufacturer, wholesaler or retailer, individuals must be at least 21 years of age and cannot be an individual or organization who cannot form a legally binding contract under applicable law. If you do not qualify, please do not use the MBO’s Websites and Services including If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use MBO’s Websites and Services including

7.1.2. Problem Solver Registration. To be eligible to access and solve MindSumo Challenges, Problem Solvers must register as a Problem Solver and agree to these Terms of Use and any additional terms and conditions stipulated by individual Challengers. As part of the registration process, you will be asked to select a password and a login name. The conditions for qualifying for a particular Challenge Reward shall be as set forth by a Challenger in the applicable MindSumo Challenge Brief and may include a list of excluded Solutions.

7.2. Payments of Rewards. Payment of any Challenge Reward is conditioned on a Problem Solver’s cooperation with MBO’s verification procedures. The Challenge Reward will be paid to Problem Solvers locally, in U.S. Dollars, or if required by local law, in the applicable local currency equivalent based on the foreign exchange rate in effect on the date of the disbursement by MBO. MBO is not responsible for payment of any Challenge Reward, or any part of any Challenge Reward, to any party other than to the Problem Solver through whom the Solution was submitted. Problem Solvers acknowledge and agree that any Challenge Reward represents a complete payment, net of any local taxes that MBO may be required to withhold, and that Problem Solvers are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Awards shall be a Problem Solver’s sole responsibility.


8.1. Challengers shall comply with the provisions of these Terms of Use and the Related Agreements and Policies when using MBO’s Websites and Services including

8.2. Challenger Eligibility. MBO’s Websites and Services including are not available to individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the MBO’s Websites and Services including If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use MBO’s Websites and Services including

8.3. Challenger Registration. To be eligible to post Challenges and access information on, you must register as a Challenger and agree to these Terms of Use, as well as any additional terms and conditions stipulated in the Related Agreements and Policies. As part of the registration process, you will be asked to select a password and a login name.

8.4. Payments:

8.4.1. Payment of Rewards. Payment of Challenge Rewards will be handled in accordance with the terms set forth in the MindSumo Challenge Brief and/or its applicable Problem Solver Agreement or Challenge-Specific Provision. The decision as to qualifying criteria and conditions and whether to accept a Solution is entirely within the discretion of the Challenger.

8.4.2. Fees. MBO shall be entitled to a fee for hosting to enable Challengers to crowdsource solutions. As set forth in this section 8, Challengers shall pay such fee to MBO upon making payment for the Challenge Reward for the Winning Solution. For Challenge Rewards and all other Rewards, MBO reserves the right to refuse payment and/or delivery at its own discretion.


9.1. Authority. Each Party represents and warrants that it has full rights and authority to execute, deliver, and perform its obligations under pursuant to these Terms of Use.

9.2. Compliance with Laws. Each Party warrants that it will comply with all applicable laws, ordinances, rules, regulations, orders, and other governmental requirements including applicable tax laws.


9.3.1. Others’ Information. MBO does not guarantee the accuracy of or ownership of any information in a MindSumo Challenge Brief or the availability of any Challenge Reward, unless otherwise stated in a MindSumo Challenge Brief. While MBO believes such information to be posted in good faith, MBO does not control the information provided by others that is made available through Other User’s information may be inaccurate. Problem Solvers shall look solely to the Challenger for any claims they may have regarding a Challenger’s information.

9.3.2. Content Uploaded by Problem Solvers. The operation of MindSumo, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. Although we strive to keep Your Content secure, given the nature of the Internet, we cannot guarantee that we will be successful in doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.


10.1. MBO shall retain all ownership in MindSumo, and all content generated by it that is displayed on All proprietary rights, intellectual property rights, title and interests to our Websites and Services or any portion or materials downloadable or subject to activation through our Websites and Services, and any changes or modifications to any of the foregoing, and all related documentation shall be and remain the exclusive property of MBO.

10.2. Except for content you provided as a Challenger, you have no proprietary or intellectual property right, title, or interest in or to any such materials except as a licensee in accordance with these Terms of Use or separate agreement with MBO.

10.3. You may not at any time, now or in the future, contest or do, or aid others in contesting or doing, anything which otherwise impairs the validity of any proprietary or intellectual property right, title or interest of MBO in and to such materials.

10.4. Subject to these Terms of Use, Code of Conduct, and other Related Agreements, MBO grants you a nonexclusive, nontransferable, revocable, limited right to access, use provided that you do not:

10.4.1. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code;

10.4.2. modify or attempt to modify in any manner or form except that you have the right to modify your self-generated content on

10.5. The license granted to you by MBO is a limited license to access and make personal use of and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MBO. or any portion of our Websites and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MBO.

10.6. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form) of MindSumo without express written consent. You may not use any meta tags or any other “hidden text” utilizing MBO’s (or name or trademarks without the express written consent of MBO. Any unauthorized use terminates the permission or license granted by MBO.

10.7. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of so long as the link does not portray MBO or its Websites or Services or products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MBO or logo or other proprietary graphic or trademark as part of the link without express written permission.

10.8. Challengers:

10.8.1. MBO’s License to Use MindSumo Challenges. By creating a Challenge, you grant MBO an nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your MindSumo Challenge Brief. You shall pick a Winning Solution for the Challenge and agree that MindSumo will pay a Reward to the Problem Solver who submits the Winning Solution from the fees you pay for the Challenge.

10.9. Problem Solvers:

10.9.1. Conveyance of Ownership of Intellectual Property. By submitting a Solution to a MindSumo Challenge Brief, Problem Solvers agree that: they own the submitted Solution and are legally free to make the disclosure and to convey the intellectual property rights being offered to the Challenger; their Solution is subject to the additional terms and conditions in any applicable Problem Solver Agreement or Challenge-Specific Provision; they are hereby granting to the Challenger the intellectual property rights contained within their Solutions, regardless of whether any such Solution is a Winning Solution, and understand their Solutions may be used by the Challenger as they see fit; they understand at least one Winning Solution will be chosen for each Challenge Brief, with an accompanying Challenge Reward paid by MindSumo to the Problem Solver who provided the Winning Solution.

10.10. Problem Solvers’ Content. You (as the Problem Solver) are solely responsible for the content of Your Information, postings, Solutions or other content provided by you (“Your Content”). MBO acts merely as a conduit for the distribution and/or publication of that information. MBO reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if MBO believes information is inappropriate for our Websites or Services, may create liability for MBO, or may cause MBO to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers or partners. You hereby grant to MBO a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your Content in connection with the operation of the service or the promotion, advertising or marketing thereof (subject to our Privacy Policy as it relates to your Personal Information).

10.10.1. Additionally, Problem Solvers represent and warrant that Your Content will be accurate and will not (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. All Problem Solvers may be asked to make legally binding warranties and representations to MBO and the Challenger in relation to a Solution that you submit.


11.1. Indemnification by Users. A User shall indemnify, defend, and hold MBO harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s use of and or our Websites and Services, violation of the Terms of Use, negligence, breach of these Terms of Use, or User’s infringement, or any other use of User’s username or password (unless User has notified MBO that User’s username and password have been improperly obtained by another party and it is readily ascertainable that such party’s use of User’s username and password was not with User’s permission and did not result from User’s negligence.

11.2. Indemnification by Problem Solvers. Problem Solvers shall defend, indemnify, and hold harmless MBO and/or Challenger from third party Claims arising out of information, Deliverables, or Work Product they provide to MindSumo or Challenger for publication or in response to a Challenge any breach by Problem Solver of this agreement. We shall provide notice to you of any such claim, suit or demand. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you shall cooperate with any reasonable requests assisting our defense of such matter.


12.1. Limitation of Liability and Disclaimer. MBO has no control over and is not responsible for the acts or omissions of Challengers, or the quality or legality of the Solutions sought thereby. MBO does not warrant or guarantee the accuracy or completeness of any MindSumo Challenge Brief, nor does it endorse any Challenger. MBO DBA MINDSUMO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD-PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL MINDSUMO OR A CHALLENGER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE.

12.2. Waiver of Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or MindSumo’s services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.

12.3. Waiver by California Residents and Similar Jurisdictions. If you are a California resident, you waive California Civil Code, Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.


13.1. Links to Other Services and/or Materials. The Websites may contain links to web sites not operated by or for MBO. These links are provided as a courtesy to Visitors of our Websites. These links are provided for reference only and MBO does not control such websites or the materials, information, goods, or services available or contained on those websites. MBO is not responsible for their contents. MBO’s inclusion of links to such websites does not imply any endorsement of the material on the websites or any association with their operators. If you decide to access any of the linked web sites, then you do so entirely at your own risk. MBO reserves the right to terminate any link at any time.

13.2. No Third-Party Reliance. You shall not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of MBO or These Terms of Use and the Related Agreements and Policies shall have no third-party beneficiaries, unless described herein; and as between Problem Solvers and Challengers, only as described in the applicable Problem Solver Agreement or Challenge-Specific Provisions.

13.3. Copyright. All content included on the Websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MBO (and when applicable, Challengers) and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MBO (and when applicable, Challengers) and protected by U.S. and international copyright laws. All software used on this site is the property of MBO or its software suppliers and protected by United States and international copyright laws.

13.3.1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If anyone believe in good faith that any content made available in connection with the infringes on their copyright, that individual or entity (or the individual or entity’s agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see for details). Notices and counter notices should be sent to us at:

By Mail:

Copyright Agent
MindSumo Inc.
20405 Exchange Street, Suite 301
Ashburn, VA 20147

By Email:

13.4. Conflicts. In the event of a conflict or inconsistency between these Terms of Use (including the Related Agreements and Policies) and a Problem Solver Agreement or Challenge-Specific Provision, these Terms of Use shall govern the rights and obligations of a User to the extent necessary to resolve the conflict or inconsistency in connection with a User’s use and access to MBO’s rights and User’s obligations cannot be modified in a Problem Solver Agreement or Challenge-Specific Provision.

13.5. Modification. MBO may modify or update these Terms of Use (including the Related Agreements and Policies) at any time by notifying User of the change or update. By continuing to use MBO Websites and Services including after receiving notice of the change or update, User accepts and agrees to the change or update.

13.6. Force Majeure. No Party shall be liable for any failure or inability to perform their respective obligations hereunder due to any cause beyond the reasonable control of the non-performing Party, including without limitation, acts of God, regulations of laws of any government, acts of war or terrorism, acts of civil or military authority, fires, floods, accidents, epidemics, quarantine restrictions, unusually severe weather, explosions, earthquakes, strikes, labor disputes, loss or interruption of electrical power or other public utility, delays in transportation, or any similar or dissimilar cause beyond its reasonable control.

13.7. Cooperation. Each Party shall provide reasonable cooperation with and timely approvals to the other Party and such cooperation or approvals shall not be unreasonably withheld or delayed.

13.8. Assignment. These Terms of Use create a legally binding agreement between you and MBO which shall inure to the benefit of each Party and its respective successors and assigns. A Party shall not transfer, sell, or assign any right or obligation under this agreement without the prior written consent of MBO.

13.9. Notices. MBO shall provide notice to Users by (1) posting notice conspicuously on and Users accepting or agreeing to the notice; or (2) sending an email to User at the email address provided by User. User shall provide notice to MBO by sending an email to

13.10. Severability. If any provision of these Terms of Use (including the Related Agreements and Policies) is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. These Terms of Use shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein and the Terms of Use shall be interpreted and construed so as to affect the original intent of the Parties as closely as possible so that the transactions contemplated are consummated as originally contemplated to the fullest extent possible.

13.11. Section Titles. Section titles as to the subject matter of sections are for convenience only and are in no way to be construed as part of these Terms of Use or as a limitation of the scope of the sections to which they refer.

13.12. No Waiver of Default. The failure of either Party to exercise or enforce any right hereunder shall not constitute a waiver of that right with respect to any subsequent default.

13.13. Governing Law. To the extent allowed by law, these Terms of Use (including the Related Agreements and Policies) shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of law principles. Any dispute or other legal action concerning these Terms of Use, including any arbitration or litigation proceedings shall take place in Virginia. Federal or state courts within Virginia shall have exclusive jurisdiction to entertain any motion to compel arbitration or to vacate or confirm any arbitration award. The Parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Virginia, with respect to any dispute arising out of or in connection with these Terms of Use.

13.14. Survival. The provisions of these Terms of Use (including the Related Agreements and Policies) which by their nature extend beyond the expiration or early termination of these Terms of Use will survive and remain in effect until all obligations are satisfied.

13.15. Entire Agreement. These Terms of Use (including the Related Agreements and Policies) are the complete agreement between the Parties concerning the subject matter hereof and it replaces any prior oral or written communications between the Parties. There are no conditions, understandings, terms, representations, or warranties, express or implied, that are not specified herein. These Terms of Use may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

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