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Terms
of Use
Please
review the following terms and conditions that govern your
use of this Web site (“Site”).
These terms and conditions (including all documents
referenced herein) represent the entire understanding between
you and Mind Like Water, Inc. (mindlikewater.com). and supersede
any prior statements or representations.
By accessing any areas of mindlikewater.com, users
(“Users”) agree to be legally bound and to abide by the terms
and conditions set forth below.
Mind Like Water, Inc.® owns and operates mindlikewater.com.
Any references herein to mindlikewater.com shall be deemed
to refer to mindlikewater. com and/or Mind Like Water, Inc.®,
as applicable under the circumstances.
TRADEMARKS
All trademarks, product names, and company names and logos
appearing on mindlikewater.com are the property of their respective
owners.
COPYRIGHTS
All materials on this Site, 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 this Site is the exclusive
property of mindlikewater.com and is protected by U.S. and
International copyright laws.
All software used on this Site is the property of mindlikewater.com
or its software suppliers, and is protected by U.S. and International
copyright laws.
USE
OF SITE
The Content on our Site, and the Site as a whole, is intended
solely for personal, noncommercial use by the Users of our
Site. You may
not reproduce, 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 the Site, or the Site, unless expressly
permitted by mindlikewater.com.
USAGE
BY CHILDREN UNDER 13
mindlikewater.com cannot prohibit minors from visiting this
Site. mindlikewater.com 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.
mindlikewater.com
and mindlikewater.com requires that all purchases on this
Site be made by individuals 13 years of age or older.
EACH TIME YOU PURCHASE A PRODUCT OR SERVICE AT MINDLIKEWATER.
COM, YOU ARE REPRESENTING TO MINDLIKEWATER.COM THAT YOU ARE
AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
PRIVACY
POLICY
In accordance with the terms of mindlikewater.com's Privacy
Policy, mindlikewater.com respects the privacy of its
Users.
DISCLAIMER
User expressly agrees that use of mindlikewater.com is at
User’s sole risk. Neither
mindlikewater.com, nor any of its officers, directors, third-party
content providers, merchants, sponsors, or the like, warrants
that mindlikewater.com will be uninterrupted or error-free;
nor does it make any warranty as to the results that may be
obtained from the use of the Site, or as to the accuracy,
reliability, or currency of any information, content, service,
or merchandise provided through mindlikewater.com.
THIS
SITE IS PROVIDED BY mindlikewater.com ON AN “AS IS” AND “AS
AVAILABLE” BASIS. mindlikewater.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS
SITE. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, mindlikewater.com
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. mindlikewater.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. NO ORAL
OR WRITTEN ADVICE OR INFORMATION GIVEN BY MINDLIKEWATER.COM,
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 mindlikewater.com or any other party
involved in creating, producing, or distributing mindlikewater.com
(including its officers, directors, third-party content providers,
merchants, sponsors, or the like) be liable for any direct,
indirect, incidental, special, or consequential damages that
result from the use of or inability to use mindlikewater.com,
including but not limited to reliance by a User on any information
obtained from mindlikewater.com 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 mindlikewater.com records, programs,
or services. User
hereby acknowledges that this paragraph shall apply to all
Content, merchandise, and services available through mindlikewater.com.
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 the Site are solely
those of the respective author(s) and do not necessarily reflect
the views of mindlikewater.com or mindlikewater.com (including
its officers and directors).
Neither mindlikewater.com, 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.
This
Site contains links to external sites on the Internet that
are owned and operated by third-party vendors and other third
parties. You
acknowledge that mindlikewater.com.com 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
This Site is created and controlled by Mind Like Water, Inc.®
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.
mindlikewater.com.com reserves the right to make any
changes to its Site 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 mindlikewater.com .com
(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.
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