TERMS OF SERVICE
The effective date of this Agreement is July 28, 2009.
By accessing or using any features of the Divining Mind store,
including the purchase of products and services on the site located
at www.diviningmind.com/store/ (the "Divining Mind store"), you
agree to be bound by these terms of service (collectively, "Terms of
Service"). All visitors to and users of any aspects of the Divining
Mind store (collectively, "Users") are bound by these Terms of
Service. We reserve the right to modify the Terms of Service at any
time without prior notice to you; therefore, we recommend that you
read these terms of service periodically.
Please read these Terms of Service carefully. Your access to and use
of the Divining Mind store constitutes your acceptance of all the
provisions of these Terms of Service. If you are unwilling to be
bound by these Terms of Service, you should not access or use the
Divining Mind store.
Changes to the Divining Mind store website
You agree and understand that the Divining Mind store, including any
and all features, products, services, tools, resources, and User
Content may be modified by us, in our sole discretion, at any time
without prior notice.
In order to purchase products or access certain areas of the
Divining Mind store, you may be required to register and to select a
password and user name. If you register, you agree to provide us
with accurate and complete registration information, and to inform
us immediately of any updates or other changes to such information.
For example, you may not: (i) enter, select or use a false name or
an email address owned or controlled by another person with the
intent to impersonate that person, or (ii) use as a User ID a name
subject to any rights of a person other than yourself without
appropriate authorization. Failure to comply with the terms of this
paragraph shall constitute a material breach of these Terms of
Service, which may result in immediate termination of your account.
In addition, we reserve the right to refuse registration of, or
cancel a store account in our discretion.
You shall be responsible for maintaining the confidentiality of your
password, and you are fully responsible for all activities that
occur under your User ID and password, whether or not you authorize
such activities. Any User ID and password for your access to the
Divining Mind store shall be for your personal use only. You agree
to (a) immediately notify us of any unauthorized use of your User ID
or password of which you become aware, and (b) ensure that you exit
from your account at the end of each session.
Order Modifications and Limitations
Divining Mind reserves the right to refuse or cancel any orders
placed for products and/or services which the sale or use of such
product and/or service in your State is restricted or prohibited. In
the event of a pricing error on the Divining Mind store, Divining
Mind reserves the right to cancel any orders resulting from such
pricing errors. To properly serve all customers, Divining Mind
reserves the right to limit quantities. In this case, only one (1)
of this limited quantity items may be placed in your shopping cart.
Divining Mind further reserves the right to cancel multiple orders
of the limited quantity item purchased by the same User and/or
shipped to the same delivery address. Divining Mind may display
advertising prints for products sold through a Divining Mind site.
Divining Mind attempts to display the colors of the products shown
on the site as accurately as possible. However, we cannot guarantee
that the color you see matches the product color, as the display
color depends, in part, upon the monitor used by you.
You agree to indemnify and hold Divining Mind and their respective
affiliates, licensors, directors, officers, members, owners,
managers, employees, agents, and representatives, harmless from and
against any losses, costs, expenses or damages of any nature
whatsoever (including attorneys fees and court costs) arising from
any claim, cause of action, suit or demand of any third party due
to, arising out of or related to (i) your access to the Divining
Mind store, (ii) your use of the Divining Mind store, (iii) your
purchase of any Divining Mind products and/or services, (iv) any
User Content posted, uploaded or transmitted by you, (v) your use or
distribution of any User Content, (vi) your violation of these Terms
of Service, (vii) any use of your User ID or password by you or any
third party, or (viii) the infringement or other violation by you,
or any third party using your account or User ID or password, of any
intellectual property or other right of any person or entity.
Any dispute relative to the Divining Mind store, purchase of
products, or use or inability to use the store will be governed by
the laws of the province of British Columbia, Canada, without regard
to its conflict of law provisions. Any dispute relating in any way
to your visit to or participation on the Divining Mind store shall
be submitted to confidential arbitration in British Columbia,
Canada, except that, to the extent you have in any manner violated
or threatened to violate our intellectual property rights, we may
seek injunctive or other appropriate relief in any state or federal
court in the United States or Canada, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under these Terms
of Service shall be conducted under the rules then prevailing in
British Columbia, Canada. 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 these Terms of Service shall be joined to an
artitration involving any other party subject to this Agreement,
whether through class arbitration involving any other party subject
to these Terms of Service, whether through class arbitration
proceedings or otherwise.