Terms & Conditions
By
visiting and using www.tallmindset.com (hereinafter the “website”), you
accept and agree to be bound by these Terms and Conditions including our
Disclaimer and Privacy Policy posted on the website and incorporated herein by
reference.
The
term “you” refers to anyone who uses, visits and/or views the website. TALL MINDSET
(“I”, “we” or “us”) reserves the right to amend or modify these terms and
conditions in its sole discretion at any time without notice and by using the
website, you accept those amendments. It is your responsibility to
periodically check the website for updates.
Your
continued use of the website after posting of any changes to our Terms and
Conditions constitutes your acceptance of those changes and updates. You must
not access or use the website if you do not wish to be bound by these Terms and
Conditions.
INTENDED AGE
All
information and content on this website are intended for individuals over the
age of 18. Children, as defined in our Privacy Policy, are prohibited from
using this website.
PRIVACY POLICY
We are
dedicated to respecting the privacy of your personal information. Your
acceptance of our Privacy Policy is expressly incorporated into these Terms and
Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your
acceptance of our Disclaimer is expressly incorporated into these Terms and
Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You
expressly waive your right to bring any legal claims, now or in the future
arising out of or related to the website. In the event of any dispute, claim or
controversy arising out of or relating to your use of this website, the terms
and conditions shall be construed in accordance with the rules and regulations.
Your
good faith participation in arbitration is a condition precedent to pursuing
any other legal or equitable remedies available such as litigation or any other
legal procedure. You also agree that in the event a legal claim is initiated
after the required arbitration, the prevailing party shall be entitled to
recover reasonable attorney’s fees and other costs associated with the legal
action.
INTELLECTUAL PROPERTY
All
content on this website including but not limited to text, posts, logos, marks,
graphics, files, materials, services, products, videos, audio, applications,
computer code, designs, downloads and all other information here (collectively,
the “Content”) is owned by us and is protected by copyright, trademark and
other intellectual property and unfair competition laws with the exception of
any content from others that we are lawfully permitted to use
You
agree not to copy, duplicate, steal, modify, publish, display, distribute,
reproduce, store, transmit, post, create derivative works, reverse engineer,
sell, rent or license any part of the Content in any way to anyone, without our
prior written consent. You agree to abide by the copyright,
trademark laws and intellectual property rights and shall be solely responsible
for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any
Content or information that you upload, display, post, transmit, send, email or
submit to us on the website or on any of our social media sites, you warrant
that you are the owner of that Content or have express permission from the
owner of those intellectual property rights to use and distribute that Content
to us.
You
grant us and/or our officers, employees, successors, shareholders, joint
venture partners or anyone else working with us a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to identify you,
publish, post, reformat, copy, distribute, display, edit, reproduce any Content
provided by you on our website and on any of our social media sites for any
purpose. You shall be solely liable for any damages resulting from any
infringement of copyrights, trademark or other proprietary rights of any
Content or information that you provide to us.
You
agree not to upload, display, post, transmit, distribute, send, email or submit
to us on the website or on any of our social media sites any information or
Content that is:-
(a)
illegal, violates or infringes upon the rights of others,
(b)
defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic,
threatening,
(c)
encourages or advocates conduct that would constitute a criminal offense,
giving rise to civil liability or otherwise violate any law,
(d)
distribute material including but not limited to spyware, computer virus, any kind
of malicious computer software or any other harmful information that is
actionable by law,
(e) any
attempts to gain unauthorized access to any portion or feature of the website,
and
(f)
send unsolicited or unauthorized material or cause disruption in the operation
of the website. You agree to use the website for lawful purposes only and shall
be liable for damages resulting from the violation of any provision contained
in these Terms and Conditions.
THIRD-PARTY LINKS
The
website may contain links to third-party websites or resources for your
convenience. We may serve as an affiliate for some of these third-party
websites by offering or advertising their products or services on the website;
however, we do not own or control these third-party websites. Once you click on
a third-party link and leave this website, you are no longer bound by our terms
and conditions.
You
agree that we are not responsible or liable for the accuracy, content or any
information presented on these third-party websites. You assume all risks for
using these third-party websites or resources and any transactions between you
and these third-party websites are strictly between you and the third party. We
shall not be liable for any damages resulting from your use of these
third-party websites or resources.
TERMINATION
We
reserve the right in our sole discretion to refuse, remove, restrict your
access, revoke and terminate your use of our website including any or all
Content published by you or us at any time for any reason, without notice.
NO WARRANTIES
ALL
CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND
“AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS
OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. TALL MINDSET MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS,
PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. TALL MINDSET MAKES NO
WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS
OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE.
TALL MINDSET DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO
THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You
agree that under no circumstances, we and/or our officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
shall be liable for any direct, indirect, incidental, consequential, equitable,
special, punitive, exemplary or any other damages resulting from your use of
this website including but not limited to all the content, information,
products, services and graphics presented here.
You
expressly agree that your use of the website is at your sole risk and that you
are solely responsible for the accuracy of the personal and any information you
provide, the outcome of your actions, personal and business results, and for
all other use in connection with the website.
You
also expressly agree that we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall not
be liable to you for any damages resulting from 1) any errors or omissions on
the website, delay or denial of any products or services, failure of
performance of any kind, interruption in the operation and your use of the
website, website attacks including computer virus, hacking of information, and
any other system failures; 2) any loss of income, use, data, revenue, profits,
business or any goodwill related to the website; 3) any theft or unauthorized
access by third party of your information from the website regardless of our
negligence; and 4) any use or misuse of the information, products and/or
services offered here.
This
limitation of liability shall apply whether such liability arises from
negligence, breach of contract, tort or any other legal theory of liability.
You agree that we provide no express or implied guarantees to you for the
content presented here, and you accept that no particular results are being
promised to you here.
INDEMNIFICATION
You
agree to indemnify and hold Tall mindset and/or its officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
harmless from all losses, claims, damages, demands, actions, suits, proceedings
or judgments, including costs, expenses and reasonable attorneys’ fees
(“Liabilities”) assessed against or otherwise incurred by you arising, in whole
or in part, from: (a) actions or omissions, whether done negligently or
otherwise, by you, your agents, directors, officers, employees or
representatives; (b) all your actions and use of the website including
purchasing products and services; (c) violation of any laws, rules, regulations
or ordinances by you; or (d) violation of any terms and conditions of this
website by you or anyone related to you; e) infringement by you or any other
user of your account of any intellectual property or other rights of anyone.
The Tall mindset will notify you promptly of any such claims or liability and
reserves the right to defend such claim, liability or damage at your expense.
You shall fully cooperate and provide assistance to us if requested, without any
cost, to defend any such claims.
ENTIRE AGREEMENT
These
Terms and Conditions along with our Privacy Policy and Disclaimer constitute
the entire agreement between you and us with respect to this website. It
supersedes all prior or contemporaneous communications, discussions,
negotiations or proposals we may have had with you whether electronic, oral or
written.
A
printed version of this entire agreement including the Privacy Policy and
Disclaimer and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings with respect to this website to the same
extent and given the same effect as other business contracts and documents kept
and maintained in printed form.
SEVERABILITY
If any
provision in these Terms and Conditions is deemed by a court, regulatory
authority or other public or private tribunal of competent jurisdiction to be
invalid or unenforceable, such provision is deemed to have been omitted from
this Agreement. The remainder of this Agreement remains in full force and
effect, and is modified to any extent necessary to give such force and effect
to the remaining provisions, but only to such extent.
CONTACT
For any questions or comments regarding the terms and conditions, please contact us at tallmindsetcontact@gmail.com.