Terms and Conditions for the MindShift Financial Website
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by MINDSHIFT FINANCIAL and other trademarks appearing on the Site are the trademarks of MINDSHIFT FINANCIAL.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote MINDSHIFT FINANCIAL ’s products and services available in the United States. The Site are controlled and operated by MINDSHIFT FINANCIAL.
User Comments, Feedback, and Other Submissions
MINDSHIFT FINANCIAL is pleased to hear from users and welcomes your comments regarding our products and services. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that MINDSHIFT FINANCIAL may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to MINDSHIFT FINANCIAL . MINDSHIFT FINANCIAL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. MINDSHIFT FINANCIAL has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead MINDSHIFT FINANCIAL or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. MINDSHIFT FINANCIAL takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Site
MINDSHIFT FINANCIAL respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please to contact MINDSHIFT FINANCIAL, at: Infinite Banking Concepts LLC, 2957 Old Rocky Ridge Road, Birmingham, AL 35243.
Many products displayed on the Site are available exclusively online through the Site. The prices displayed on the Site are quoted in U.S. Dollars.
These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Web Site and Services
The Site may contain links to other Web Site that are not under the control of MINDSHIFT FINANCIAL. MINDSHIFT FINANCIAL has no responsibility for the linked Web Site nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site users.
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchant ability fitness for a particular purpose or non-infringement of intellectual property. MINDSHIFT FINANCIAL expressly disclaims any duty to update or revise the materials on the Site, although MINDSHIFT FINANCIAL may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. MINDSHIFT FINANCIAL shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold MINDSHIFT FINANCIAL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and MINDSHIFT FINANCIAL agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent
(1) to MINDSHIFT FINANCIAL at: MindShift Financial, P.O. Box 219 Prosper, Tx 75078, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and MINDSHIFT FINANCIAL agree that this dispute resolution procedure is a condition precedent, which must be satisfied prior to initiating any litigation or filing any claim against the other party.
These terms are effective unless and until terminated by either you or MINDSHIFT FINANCIAL. You may terminate this Agreement at any time. MINDSHIFT FINANCIAL also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.