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Modifications to the Site and Pricing Schedules. Mind Fuel Nest may in its sole discretion add, delete, modify or amend features and/or services, and fees contained within and featured on the Site.
Electronic Communications. When you visit the Site 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. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are the property of Mind Fuel Nest or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 8, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Trademarks. Mind Fuel Nest, mindfuelnest.com, and other Mind Fuel Nest graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Mind Fuel Nest or its affiliates in the U.S. and/or other countries. Mind Fuel Nest trademarks and trade dress may not be used in connection with any product or service that is not Mind Fuel Nest’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mind Fuel Nest. All other trademarks not owned by Mind Fuel Nest or its affiliates that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mind Fuel Nest or its affiliates.
License and Site Access; Limited Right to Use. Mind Fuel Nest 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 Mind Fuel Nest. 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 Mind Fuel Nest. 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 Mind Fuel Nest and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mind Fuel Nest’s name or trademarks without the express written consent of Mind Fuel Nest. Any unauthorized use terminates the permission or license granted by Mind Fuel Nest. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to mindfuelnest.com so long as the link does not portray Mind Fuel Nest, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mind Fuel Nest’s 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. Mind Fuel Nest may 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 the Site only with involvement of a parent or guardian. Mind Fuel Nest and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Orders & Specifications. You represent that information provided by you when placing your order is up-to-date, materially accurate and is sufficient for Mind Fuel Nest to fulfill your order. You also represents that you have legal capacity to enter into this Agreement.
Any typographical, clerical or other accidental errors or omissions on the Site or in any quotation, price list, acceptance or offer, invoice or other document or information issued by Mind Fuel Nest shall be subject to correction without any liability on the part of Mind Fuel Nest. Illustrations, photographs or descriptions included on the Site are intended as a guide only and shall not be binding on Mind Fuel Nest. Mind Fuel Nest reserves the right to notify you of any mistakes in the description of the goods or errors in pricing prior to shipping the Goods. In such event if you choose to continue with the fulfillment of the order, Mind Fuel Nest acknowledges that the Goods will be provided in accordance with such revised description or corrected price. Mind Fuel Nest reserves the right to make any changes in the specifications of the Goods which are required to conform with any applicable law, safety or other statutory, regulatory, or court-ordered requirements. All quoted prices are exclusive of packaging and delivery, as well as any applicable value added tax, excise, sales or taxes or levies of a similar nature, which you shall be additionally liable to pay to Mind Fuel Nest.
Hold Harmless and Indemnification. By using the Site, you agree to indemnify and hold Mind Fuel Nest and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of this Agreement or the infringement of any intellectual property or other right of any person or entity.
Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments: Payments shall be made to Mind Fuel Nest or Cultural Elements Inc. in U.S. Dollars, by credit card or Paypal. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Mind Fuel Nest shall not process any orders based on or using an incorrect, expired, or over-charged credit card. If a card issuer refuses to authorize payment, Mind Fuel Nest will not confirm acceptance of the order, no contract will be formed, and Mind Fuel Nest will not be liable for delay or non-delivery. Mind Fuel Nest reserves the right to collect funds for any uncollected transactions owed to it. Mind Fuel Nest may charge a nominal fee of $10.00 per order should a payment made by credit card is declined, necessitating an alternative mode of payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Mind Fuel Nest may charge such amount directly to the credit card identified in your account information and Mind Fuel Nest may cancel any purchases made by you on the Site. You agree that you shall bear sole liability for any fees, including attorneys' fees and collection costs, that Mind Fuel Nest may incur in its efforts to collect any unpaid balances from you. Your right to use the Site and make purchases on the Site is subject to limits established by Mind Fuel Nest and/or by your credit card issuer.
Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. We strive to offer original ideas and artwork on our site. Due to our global sourcing network, certain copyrights infringements, it at all, are our out of control. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us using the contact form, and we will respond immediately.