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Terms
of Use
Mind Like Water,
Inc.¨ has adopted terms and
conditions that govern your use of the web sites (Sites) that we own and
operate. These terms and
conditions (including all documents referenced herein) represent the entire
understanding between you and Mind Like Water regarding your relationship with
Mind Like Water, and supersede any prior statements or representations.
By accessing any areas of Mind Like Water's Sites, users (Users)
agree to be legally bound and to abide by the terms and conditions set forth
below.
TRADEMARKS
All trademarks, product names, and company names and logos appearing on Mind
Like Water's Sites are the property of their respective owners.
COPYRIGHTS
All materials on Mind Like Water's Sites, including text, graphics, images,
logos, illustrations, designs, icons, photographs, video clips, and audio clips
(collectively, the Content), are the property of their respective
copyright owners, and are protected by U.S. and International copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of
all Content on Mind Like Water's Sites is the exclusive property of Mind Like
Water and is protected by U.S. and International copyright laws. All software used on Mind Like Water's Sites is the
property of Mind Like Water or its software suppliers, and is protected by U.S.
and International copyright laws.
TRADEMARK
AND COPYRIGHT COMPLAINTS
Mind Like Water respects the intellectual property of others.
If you believe that your work has been copied in any way that constitutes
trademark or copyright infringement, you may (in accordance with the Digital
Millennium Copyright Act) submit a formal Notice of Trademark or Copyright
Infringement to Mind Like Water. The
notice should contain the following information:
- An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
- A description of the trademark or 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;
- 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 trademark or 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 trademark or copyright owner or authorized to act on the trademark or
copyright ownerâs behalf.
Notice of Trademark or Copyright Infringement can be sent
to our Copyright Agent Diane Faile at the address provided in the paragraph OUR
ADDRESS below.
USE OF SITE
The Content on our Sites (and our Sites as a whole) is intended solely for
personal, noncommercial use by the Users of our Sites.
You may download or copy the Content and other downloadable materials
displayed on our Sites for your personal use only.
No right, title or interest in any downloadable materials is transferred
to you as a result of any such downloading or copying. You may not reproduce
(except as noted above), duplicate, copy, publish, transmit, distribute,
display, perform, modify, create derivative works from, sell or participate in
any sale of, resell, or exploit in any way (including for any commercial
purpose), in whole or in part, any of the Content on any of Mind Like Waterâs
Sites, unless expressly permitted by Mind Like Water. The use of the word
"Content" in this paragraph does not include any products (e.g.,
ebooks) offered for sale or for free download by Mind Like Water.
USAGE BY
CHILDREN UNDER 13
Mind Like Water cannot prohibit minors from visiting our Sites.
Mind Like Water must rely on parents, guardians and those responsible for
supervising children under 13 to decide which materials are appropriate for such
children to view and/or purchase.
Mind Like Water
requires that all purchases from any of its Sites be made by individuals 13
years of age or older. EACH TIME
YOU PURCHASE A PRODUCT OR SERVICE AT ONE OF MIND LIKE WATERâS SITES, YOU ARE
REPRESENTING TO MIND LIKE WATER
THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
Mind Like Water
requires that all information submitted for inclusion in Mind Like Water's
ebook directory at mind-like-water.com be made by individuals 13 years of age or
older. EACH TIME YOU SUBMIT
INFORMATION TO MIND LIKE WATER FOR INCLUSION IN ITS EBOOK DIRECTORY, YOU ARE
REPRESENTING TO MIND LIKE WATER THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR
OLDER.
Mind Like Water
requires that all subscribers to any e-newsletter published by Mind Like Water
be individuals 13 years of age or older. EACH TIME YOU SUBSCRIBE TO AN E-NEWSLETTER PUBLISHED BY MIND
LIKE WATER, YOU ARE REPRESENTING TO
MIND LIKE WATER THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
Mind Like Water
requires that all registrants for contests sponsored by Mind Like Water on any
of its Sites be individuals 13 years of age or older.
EACH TIME YOU REGISTER FOR A CONTEST SPONSORED BY MIND LIKE
WATER, YOU ARE REPRESENTING TO MIND LIKE WATER THAT YOU ARE AN INDIVIDUAL
13 YEARS OF AGE OR OLDER.
PRIVACY
POLICY
In accordance with the terms of Mind Like Waterâs Privacy
Policy, Mind Like Water respects the privacy of its Users.
DISCLAIMER
User expressly agrees that use of any of Mind Like Water's Sites is at
User's sole risk. Neither Mind
Like Water, nor any of its officers, directors, third-party content providers,
merchants, sponsors, or the like, warrants that any of Mind Like Water's Sites
will be uninterrupted or error-free; nor does it make any warranty as to the
results that may be obtained from the use of its Sites, or as to the accuracy,
reliability, or currency of any information, content, service, or merchandise
provided through any of its Sites.
MIND LIKE
WATERâS SITES ARE PROVIDED BY MIND LIKE WATER ON AN AS IS AND AS
AVAILABLE BASIS. MIND LIKE WATER
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO
THE OPERATION OF ITS SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR
SERVICES INCLUDED ON ITS SITES. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIND LIKE WATER DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MIND LIKE WATER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF ANY OF ITS SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY MIND LIKE WATER OR ITS
OFFICERS, DIRECTORS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, OR THE
LIKE SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH ADVICE OR
INFORMATION.
Under no
circumstances shall Mind Like Water or any other party (including its officers,
directors, third-party content providers, merchants, sponsors, or the like)
involved in creating, producing, or distributing any aspect of Mind Like
Water's Sites be liable for any direct, indirect, incidental, special, or
consequential damages that result from the use of or inability to use Mind Like
Water's Sites, including but not limited to reliance by a User on any
information obtained from Mind Like Water on its Sites or that result from
mistakes, omissions, interruptions, deletion of files or e-mails, errors,
defects, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications failure,
theft, destruction, or unauthorized access to Mind Like Waterâs records,
programs, or services. User hereby
acknowledges that this paragraph shall apply to all Content, merchandise, and
services available through any of Mind Like Waterâs Sites.
Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states liability is limited to
the fullest extent permitted by law.
THIRD-PARTY
CONTENT
The opinions, advice, statements, services, offers, or other information
expressed or made available on any of Mind Like Waterâs Sites are solely those
of the respective author(s) and do not necessarily reflect the views of Mind
Like Water (including its officers and directors). Neither Mind Like Water, nor any of its officers, directors,
third-party content providers, merchants, sponsors, or the like, guarantees the
accuracy, completeness, or usefulness of any Content, nor its merchantability or
fitness for any particular purpose.
Mind Like
Water's Sites contain links to external sites on the Internet that are owned
and operated by third-party vendors and other third parties.
You acknowledge that Mind Like Water is not responsible for the
availability of or the content located on or through any of these sites.
Any concerns regarding any such service or resource, or any link thereto,
should be directed to the particular outside service or resource.
SEVERABILITY
The provisions of these Terms of Use are intended to be severable.
If for any reason any provision of these Terms of Use shall be held
invalid or unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such invalidity
or unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction.
APPLICABLE
LAW
Mind Like Water's Sites are created and controlled by Mind Like Water in the
State of Kansas. As such, the laws
of the State of Kansas will govern these disclaimers, terms, and conditions,
without giving effect to any principles of conflicts of laws.
Mind Like Water reserves the right to make any changes to its Sites and
these disclaimers, terms, and conditions at any time.
User hereby irrevocably and unconditionally consents to submit to the
exclusive jurisdiction of the courts of the State of Kansas and of the United
States of America located in the State of Kansas for any litigation arising out
of or relating to use of or purchase made through any Mind Like Water Site (and
agrees not to commence any litigation relating thereto except in such courts),
waives any objection to the laying of venue of any such litigation in the Kansas
Courts, and agrees not to plead or claim in any Kansas Court that such
litigation brought therein has been brought in an inconvenient forum.
OUR ADDRESS
Mind Like Water, Inc.¨
5400 Johnson Drive #106
Mission, KS 66205
Phone: 913-777-9779
E-mail: info@mind-like-water.com
URL: http://www.mind-like-water.com
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