Mindivine | The Health of Your Body, The Peace of Your Mind

NEWSLETTER

Share

Terms and Conditions

Welcome to the Mindivine website (the “Mindivine.com.au Site”), a website owned and operated by Mr. George Parker, MD (“Mindivine.com.au”)

The terms and conditions stated below, along with the policies and guidelines located throughout the Mindivine.com.au Site (collectively herein the “Terms of Use”) identify what users of the Mindivine.com.au Site (each a “User”) can expect from Mindivine.com.au, Mindivine.com.au Providers (as defined below) and the Mindivine.com.au Site and what we expect from Users. By visiting any area on the Mindivine.com.au Site or making a purchase via the Mindivine.com.au Site, a User is deemed to have accepted the Terms of Use.

USAGE:
Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment.

CONTENT: Proprietary Rights: User acknowledges that the Mindivine.com.au Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and Mindivine.com.au owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the AUSTRALIAN copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Third-Party Content: Mindivine.com.au is a distributor and not a publisher of some Content supplied by third parties and Users. Mindivine.com.au has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Mindivine.com.au or any Mindivine.com.au Provider, unless expressly stated otherwise. Neither Mindivine.com.au nor any Mindivine.com.au Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Mindivine.com.au Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Mindivine.com.au or any Mindivine.com.au Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Mindivine.com.au Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Mindivine.com.au Site.

PRICES: The price for an item on the Mindivine.com.au Site may differ from the price shown in a User’s shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Mindivine.com.au Site. If the price for the item on the Mindivine.com.au Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Mindivine.com.au, Mindivine.com.au may either

(i) contact the User for instructions before shipping the item or charging the User for such item;
(ii) cancel the order for such item and notify the User of such cancellation; or
(iii) ship the item at the incorrect price to the benefit of the User.

Please note that this policy regarding prices applies only to items sold and shipped by Mindivine.com.au. Any purchases from any third-party sellers on the Mindivine.com.au Site (e.g., sellers of products provided by other authors) may be subject to different policies in the event of an incorrectly priced item.

RISK OF LOSS: The risk of loss and title for all items purchased via the Mindivine.com.au Site pass to the User upon delivery of the item to the carrier.

AGE OF USERS: Mindivine.com.au does not intend the Mindivine.com.au Site to be used by individuals under the age of 18 (a “Minor”) without the supervision of a parent or guardian 18 years of age or older (a “Guardian”). Mindivine.com.au relies upon Guardians to determine if any Content or items available on the Mindivine.com.au Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Mindivine.com.au Site only under the supervision of Guardian.

INDEMNITY:
User agrees to indemnify and hold each Mindivine.com.au Provider harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of such User’s breach of the Terms of Use or User’s violation of any law or the rights of a third party.

ACCOUNT SECURITY AND PASSWORD: Every User that has an account on the Mindivine.com.au Site is responsible for

(i) keeping his or her account password confidential and secured,

(ii) restricting access to such User’s computer; and

(iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Mindivine.com.au account using an old e-mail address, such User will not receive messages from Mindivine.com.au about his or her orders and inquiries or other matters).User accepts full responsibility for all activities that occur within such User’s Mindivine.com.au account.

NOTICES: User consents to receive electronic communications from Mindivine.com.au, whether addressed to the e-mail address associated with such User’s Mindivine.com.au account or posted on the Mindivine.com.au Site. User acknowledges and agrees that any communication via e-mail or by postings on this Mindivine.com.au Site satisfies any legal requirement that such communications be made in writing.

DISCLAIMERS AND LIMITATION OF LIABILITY: THE MINDIVINE.COM.AU SITE IS PROVIDED BY MINDIVINE.COM.AU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WITHOUT LIMITING THE FOREGOING, NO MINDIVINE.COM.AU PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:

(I) AS TO THE OPERATION OF THE MINDIVINE.COM.AU SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON;

(II) THAT THE MINDIVINE.COM.AU SITE WILL BE UNINTERRUPTED OR ERROR-FREE;

(III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE MINDIVINE.COM.AU SITE; OR

(IV) THAT THE MINDIVINE.COM.AU SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF MINDIVINE.COM.AU ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

MINDIVINE.COM.AU DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE MINDIVINE.COM.AU SITE OR ANY RELATED SERVICES. THE OPERATION OF THE MINDIVINE.COM.AU SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MINDIVINE.COM.AU.

UNDER NO CIRCUMSTANCES SHALL ANY MINDIVINE.COM.AU PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MINDIVINE.COM.AU SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE MINDIVINE.COM.AU SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 MINDIVINE.COM.AU’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE MINDIVINE.COM.AU SITE.

NO MINDIVINE.COM.AU PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE MINDIVINE.COM.AU SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH MINDIVINE.COM.AU PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

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 applicable 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; JURISDICTION: The Mindivine.com.au Site is created and controlled by Mindivine.com.au in the State of California. The laws of the State of California will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of Mindivine.com.au and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Nevada County, California and waives any objection to the laying of venue of any litigation in said courts.

DISPUTE RESOLUTION: For any claim or controversy at law or equity that arises out of the Terms of Use, the Mindivine.com.au Site or any Mindivine.com.au service (each a “Claim”) where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or Mindivine.com.au may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Nevada County, California or in the United States county where the defendant is located (in the case of Mindivine.com.au, Nevada County, California, and in the User’s case either in the county of such User’s home address or principal place of business, or if such address is not located in the United States, then in Nevada County, California).

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

ACKNOWLEDGMENT: The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Mindivine.com.au regarding User’s relationship with Mindivine.com.au and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the Mindivine.com.au Site or making a purchase via the Mindivine.com.au Site, a User is deemed to have accepted the Terms of Use.

MODIFICATION:
Mindivine.com.au reserves the right to make changes to the Mindivine.com.au Site, posted policies and Terms of Use at any time without notice. These terms and conditions were last revised on August 1, 2008.
George Parker
8 King Richard Drive
Shepparton VIC 3630
Australia

 
0

Your Cart