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.
The Divining Mind store is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Divining
Mind store, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not
access, use or register on the Divining Mind store. In the event we become aware you are under 18, we will terminate your
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
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.