This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of thementalista.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Terms of Service page. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Content. All content included on this site is and shall continue to be the property of Olivia Malczewski, The Mentalista or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited without express written permission by Olivia Malczewski, The Mentalista. Under no circumstances will you acquire any ownership rights or other interest in any
content by or through your use of this site. [Trademark] is the trademark or registered trademark of Olivia Malczewski, The Mentalista. Other products and company names mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display, and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. The Mentalista grants you a limited, revocable, nonexclusive license to use this site and our proprietary content solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of The Mentalista and The Mentalista may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without The Mentalista prior express written consent.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN ”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. OLIVIA MALCZEWSKI, THE MENTALISTA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, OLIVIA MALCZEWSKI, THE MENTALISTA DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLIVIA MALCZEWSKI, THE MENTALISTA, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. OLIVIA MALCZEWSKI, THE MENTALISTA SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSSES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE MENTALISTA OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE MENTALISTA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website is intended to be for your educational purposes only.
We are not presenting you with a health opportunity.
We are not making any claims as to the health benefits you will receive.
We are not presenting you with an opportunity to reach specific health results.
Before entering any agreement, please use caution and seek the advice your own personal professional practitioners.
Please do not construe any statement in this website as a claim or representation of attainable health results. Testimonials and statements of individuals and The Mentalista are not to be construed as claims or representations of attainable health results. I cannot, do not, and will not make any claims as to what your personal results will be.
Success in any endeavor is based on many factors individual to you. I do not know your medical history or the time you can and will devote to your health.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified practitioners.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our forum, or any other user interactive area of our site, and gain access to the information contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. I do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. I do not endorse or lend any credence for any statements that are made by any participant in our forum or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. I do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold me responsible for any such materials or statements.
(f) Removal of Material. As a participant in the forum or any other user interactive area of our site, you agree that we may remove any materials from our forum or any other user interactive area of the site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold me harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. I have the right to remove, expel, or disqualify any party from participation and access to the forum or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. I reserve the right to terminate the forum or any other user interactive area of my site at any time and all users hold me harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
use the forum or any other user interactive area of our site for any illegal purpose,
place any material in the forum or any other user interactive area of my site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,
place any material in the forum or any other user interactive area of the site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site,
place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site,
pretend to be another person that you are not,
place materials in the forum or any other user interactive area of my site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold me harmless from, and indemnify me against, any and all claims for damages from third parties arising from your participation, use or conduct in the forum or any other user interactive area of our site.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to The Mentalista or the www.thementalista.com website. You may not use The Mentalista or the www.thementalista.com website to compile a collection of listings,
including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial email.
(b) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(c) Indemnification. You agree to indemnify, defend and hold Olivia Malczewski, The Mentalista and our partners, and affiliates, harmless from any liability, loss, claim health risk and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(f) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to my Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(g) Affiliate Disclosure. Olivia Malczewski, The Mentalista is an affiliate of many online tools, services, and products. Links on the Site may be affiliate links and Olivia Malczewski, the Mentalista may earn commissions for purchases that are made by visitors to the Site.
The Copyright Agent for Notice of claims of copyright infringement on the Site is Olivia Malczewski, The Mentalista, who can be reached as follows:
By Email: [email protected]