CONDITIONS OF USE
Welcome to MindTalent.com. MindTalent.com is owned and
operated by MindTalent, Inc., a Texas Corporation. MindTalent.com and its
affiliates provide their services to you subject to the following conditions.
If you visit or purchase at MindTalent.com, you accept these conditions. Please
read them carefully. In addition, when you use any current or future
MindTalent.com service or visit or purchase from any business affiliated with
MindTalent.com, whether or not included in the MindTalent.com web site, you
also will be subject to the guidelines and conditions applicable to such
service or business.
PRIVACY
Please review our Privacy Notice, which
also governs your visit to MindTalent.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit MindTalent.com or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of MindTalent, Inc. or its content suppliers and
is protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of MindTalent.com and
protected by U.S. and international copyright laws. All software used on this
site is the property of MindTalent.com or its software suppliers and protected
by United States and international copyright laws.
TRADEMARKS
MINDTALENT.COM, and other marks indicated on our site are
trademarks of MindTalent, Inc. or its subsidiaries, in the United States and other countries. Other MindTalent.com graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of MindTalent, Inc. or
its subsidiaries. MindTalent.com's trademarks and trade dress may not be used
in connection with any product or service that is not MindTalent.com's, in any
manner that is likely to cause confusion among customers or in any manner that
disparages or discredits MindTalent.com. All other trademarks not owned by
MindTalent.com or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by MindTalent.com or its subsidiaries.
LICENSE AND SITE ACCESS
MindTalent.com grants you a limited license to access and
make personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of
MindTalent.com. This license does not include any resale or commercial use of
this site or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of MindTalent.com. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of MindTalent.com
and our affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilizing MindTalent.com's name or trademarks
without the express written consent of MindTalent.com. Any unauthorized use
terminates the permission or license granted by MindTalent.com. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to the home
page of MindTalent.com so long as the link does not portray MindTalent.com, its
affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any MindTalent.com logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. MindTalent.com does sell products for
children, but it sells them to adults, who can purchase with a credit card. If
you are under 18, you may use MindTalent.com only with involvement of a parent
or guardian. MindTalent.com and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT
In the event that MindTalent.com allows the appropriate
functionality. Visitors may post reviews, comments, and other content; send
e-cards and other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. MindTalent.com reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we
indicate otherwise, you grant MindTalent.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant MindTalent.com and its affiliates and sublicensees the right to use the
name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify MindTalent.com or its
affiliates for all claims resulting from content you supply. MindTalent.com has
the right but not the obligation to monitor and edit or remove any activity or
content. MindTalent.com takes no responsibility and assumes no liability for
any content posted by you or any third party.
COPYRIGHT COMPLAINTS
MindTalent.com and its affiliates respect the intellectual
property of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please at the address below.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide MindTalent.com's copyright
agent the written information specified below. Please note that this procedure
is exclusively for notifying MindTalent.com and its affiliates that your
copyrighted material has been infringed.
- An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
- A description of the
copyrighted work that you claim has been infringed upon;
- A description of where the
material that you claim is infringing is located on the site, including
the auction ID number, if applicable;
- Your address, telephone number,
and e-mail address;
- A statement by you that you
have a good-faith belief that the disputed use is not authorized by the
copyright 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 owner or authorized to act on the copyright
owner's behalf.
RISK OF LOSS
All items purchased from MindTalent.com are made pursuant to
a shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
MindTalent.com and its affiliates attempt to be as accurate
as possible. However, MindTalent.com does not warrant that product descriptions
or other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by MindTalent.com itself is not as described,
your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than MindTalent.com and its subsidiaries may operate
stores, provide services, or sell product lines on this site. In addition, we
provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these businesses or individuals or the content
of their Web sites. MindTalent.com does not assume any responsibility or
liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MINDTALENT.COM ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MINDTALENT.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
MINDTALENT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MINDTALENT.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM MINDTALENT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MINDTALENT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting MindTalent.com, you agree that the laws of the
state of Texas, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and MindTalent.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to
MindTalent.com or to products you purchase through MindTalent.com shall be
submitted to confidential arbitration in San Antonio, Texas, except that, to
the extent you have in any manner violated or threatened to violate
MindTalent.com's intellectual property rights, MindTalent.com may seek
injunctive or other appropriate relief in any state or federal court in the
state of Texas, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY
Please review our other policies, posted on this site. These
policies also govern your visit to MindTalent.com. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
OUR ADDRESS:
MindTalent.com
4242 Medical Dr. Ste. 1200
San Antonio, Texas 78229
