Please read this document carefully, as it will explain the terms of the legal agreement between you and this website.
1.1 In this document, this website's contents, codes, products, software, services, memberships and Affiliate Programs are referred to collectively as the "Materials", excluding any Materials provided to you by the website under a different written contract.
1.2 Discussed in paragraph 1.1, the website's contents include--but not limit to--images, pop-ups, downloads, advertisements, and informational content delivered by media such as texts, images, videos, audios, and podcasts.
1.3 The website (minttree.com), its agents, owners, operators, and employees are referred to herein collectively as "Website" or "Site".
1.4 Persons who visit, view, access, or use this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Users".
1.5 Subscribers to lists or Newsletters are referred to herein as "Subscribers".
1.6 Persons who join an organization or marketing endeavor (e.g. "affiliates", "join venture" or "referral partners") promoted by this website are called herein the "Members".
1.7 People who order, attempt to order, or receive a product sold (recipients) or advertised on or delivered from this website, even at no cost, is called herein the "Customers" or "Purchasers".
1.8 The terms of any other legal notices specified for the Materials are referred to herein collectively as the "Specified Terms".
1.9 Together with the Specified Terms, the terms and conditions set out in this document are referred to herein collectively as the "Terms".
2.1 Your viewing, reading, using, or relying upon the website's Materials is subject to the terms of a legal agreement between you and the Website.
2.2 The Terms is intended to cover all Users of this website, all Subscribers to lists or newsletters whether paid or unpaid, all Members whether paid or unpaid, and all Customers.
2.3 Parties to the Terms are the Website and you, whose status is the User, the Subscriber, the Member, and/or the Customer.
2.4 If there is a Purchase Agreement, the Customers or Purchasers are subject to the agreement of the Terms not only by passive acceptance, but also by virtue of the Purchase Agreement contract.
2.5 In the event that a person excluded from this website because of the Terms or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the Terms and is in violation of the Terms.
2.6 This website is not lawfully accessible to persons under the legal age or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the legal age, you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
2.7 Unless the you has formed a separate written contract with the Website, it is expressly understood that you and the Website are, in all respects, independent parties to the Terms. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create any relationship of partnership, joint venture, agency, franchise, sales representative, employment, or similar relationship between you and the Website.
3.1 In order to access, view, and/or use the website and its Materials, you must first agree to the website's Terms, Privacy Policy, and Disclaimer. You may not access, view, and/or use the website and its Materials if you do not accept the Terms, the Privacy Policy, and the Disclaimer.
3.2 You can accept the Terms by:
(1) clicking to accept or agree to Terms, if this option is made available to you by a user-interface specified for the Materials;
(2) actually accessing, viewing, and/or using the Materials; or
(3) your continuance of accessing, viewing, and/or using the Materials.
3.3 You can accept the Privacy Policy and the Disclaimer in the similar fashion as you accept the Terms (described above).
3.4 If there are other terms specified for the Materials, you can also accept such terms in the similar fashion as you accept the Terms (described above).
3.5 You may not access, view, and/or use the Materials and may not accept the Terms if (a) you are not of legal age to form a binding contract with the website, or (b) you are a person barred from receiving the Materials under the laws of the United States or other countries including the country in which you are resident or from which you use the Materials.
3.6 Unless you have formed a separate written contract with the website, your agreement with the website will always include, at a minimum, the Terms.
3.7 If there is any contradiction between what the Terms says and what the Specified Terms says, then the Specified Terms shall take precedence in relation to the involved Materials.
4.1 minttree.com has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Materials to you on behalf of minttree.com itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Materials to you.
4.2 minttree.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Materials which minttree.com provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that minttree.com may stop (permanently or temporarily) providing the Materials (or any features within the Materials) to you or to users generally at minttree.com’s sole discretion, without prior notice to you. You may stop using the Materials at any time. You do not need to specifically inform minttree.com when you stop using the Materials.
4.4 You acknowledge and agree that if minttree.com disables access to your account, you may be prevented from accessing the Materials, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while minttree.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Materials or on the amount of storage space used for the provision of any Material, such fixed upper limits may be set by minttree.com at any time, at minttree.com’s discretion.
5.1 In order to access certain Materials, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Material, or as part of your continued use of the Materials. You agree that any registration information you give to minttree.com will always be accurate, correct and up to date.
5.2 You agree to use the Materials only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Materials by any means other than through the interface that is provided by minttree.com, unless you have been specifically allowed to do so in a separate agreement with minttree.com. You specifically agree not to access (or attempt to access) any of the Materials through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Materials.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Materials (or the servers and networks which are connected to the Materials).
5.5 Unless you have been specifically permitted to do so in a separate agreement with minttree.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Materials for any purpose.
5.6 You agree that you are solely responsible for (and that minttree.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which minttree.com may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Materials.
6.2 Accordingly, you agree that you will be solely responsible to minttree.com for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify minttree.com immediately. Please you the contact page on the site for your notification.
7.1 For information about minttree.com’s data protection practices, please read minttree.com’s privacy policy on the site. This policy explains how minttree.com treats your personal information, and protects your privacy, when you use the Materials.
7.2 You agree to the use of your data in accordance with minttree.com’s privacy policies.
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Materials are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Materials, including but not limited to advertisements in the Materials and sponsored Content within the Materials may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to minttree.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by minttree.com or by the owners of that Content, in a separate agreement.
8.3 minttree.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Material. For some of the Materials, minttree.com may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Materials you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Materials at your own risk.
8.5 You agree that you are solely responsible for (and that minttree.com has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Materials and for the consequences of your actions (including any loss or damage which minttree.com may suffer) by doing so.
9.1 You acknowledge and agree that minttree.com (or minttree.com’s licensors) own all legal right, title and interest in and to the Materials, including any intellectual property rights which subsist in the Materials (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Materials may contain information which is designated confidential by minttree.com and that you shall not disclose such information without minttree.com’s prior written consent.
9.2 Unless you have agreed otherwise in writing with minttree.com, nothing in the Terms gives you a right to use any of minttree.com’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with minttree.com, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and minttree.com's brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, minttree.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under the Terms in or to any Content that you submit, post, transmit or display on, or through, the Materials, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with minttree.com, you agree that you are responsible for protecting and enforcing those rights and that minttree.com has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Materials.
9.6 Unless you have been expressly authorized to do so in writing by minttree.com, you agree that in using the Materials, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 Unless otherwise specified in the Specified Terms for the Materials, minttree.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by minttree.com as part of the Materials as provided to you by minttree.com (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Materials as provided by minttree.com, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by minttree.com, in writing.
10.3 Unless minttree.com has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Materials. By submitting, posting or displaying the content you give minttree.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Materials. This licence is for the sole purpose of enabling minttree.com to display, distribute and promote the Materials and may be revoked for certain Materials as defined in the Additional Terms of those Materials.
11.2 You agree that this licence includes a right for minttree.com to make such Content available to other companies, organizations or individuals with whom minttree.com has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that minttree.com, in performing the required technical steps to provide the Materials to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit minttree.com to take these actions.
11.4 You confirm and warrant to minttree.com that you have all the rights, power and authority necessary to grant the above licence.
12.1 The Software which you use may automatically download and install updates from time to time from minttree.com. These updates are designed to improve, enhance and further develop the Materials and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit minttree.com to deliver these to you) as part of your use of the Materials.
13.1 Along with the disclaimers set out in this document, there are also other disclaimers (referred to herein collectively as the "Added Disclaimer") that you must accept in order to view, access, and/or use this website and its Materials.
13.2 If there is any contradiction between what the disclaimers set out in this document says and what the Added Disclaimer says, then Added Disclaimer shall take precedence in relation to the involved Materials.
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT minttree.com’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK AND THAT THE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, minttree.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE MATERIALS WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE MATERIALS WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM minttree.com OR THROUGH OR FROM THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 minttree.com FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT minttree.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR MATERIALS, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE MATERIALS;
(II) ANY CHANGES WHICH minttree.com MAY MAKE TO THE MATERIALS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE MATERIALS (OR ANY FEATURES WITHIN THE MATERIALS);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE MATERIALS;
(III) YOUR FAILURE TO PROVIDE minttree.com WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON minttree.com’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT minttree.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16.1 It is minttree.com’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
16.2 minttree.com operates a trade mark complaints procedure in respect of minttree.com’s advertising business.
17.1 Some of the Materials are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Materials, queries made through the Materials or other information.
17.2 The manner, mode and extent of advertising by minttree.com on the Materials are subject to change without specific notice to you.
17.3 In consideration for minttree.com granting you access to and use of the Materials, you agree that minttree.com may place such advertising on the Materials.
18.1 The Terms was last modified: May 17th, 2008.
18.2 Unless otherwise stated by the website, any modification of the Terms shall be effective immediately upon its posting on the site.
18.3 Unless, in the sole opinion of the website, the Terms changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to the Terms nor, under any circumstances, does this site promise notification.
18.4 You understand that the website reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the website or Materials, including the Terms, at any time without prior notice. You may not assume that the Terms remains the same and agrees to check it upon each visit to the website for changes.
19.1 The Terms will continue to apply until terminated by either you or the website as set out in this Section below.
19.2 If you want to terminate this legal agreement with the website, you may do so by (a) notifying the website at any time and (b) closing your registered accounts, where the website has made this option available to you. Please use the contact page on the site to send the notice of the agreement's termination.
19.3 The website may, at any time, terminate its legal agreement with you if:
(1) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(2) the website is required to do so by law (for example, where the provision of the Materials to you is, or becomes, unlawful); or
(3) the partner with whom the website offered the Materials to you has terminated its relationship with the website or ceased to offer the Materials to you; or
(4) the website is transitioning to no longer providing the Materials to users in the country in which you are resident or from which you use the service; or
(5) the provision of the Materials to you by the website is, in the website’s opinion, no longer commercially viable.
19.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the website have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all Section 21 shall continue to apply to such rights, obligations and liabilities indefinitely.
19.5 The website, in its sole discretion, reserves the right to suspend or terminate your account(s), or to terminate the contract with you without notice, if the website has reason to believe that you have been involved with any of the following conduct that is related in any manner to the website, its Users, its Subscribers, its Members, or its Customers:
- engaging in illegal activity, including but not limited to, spamming, credit card fraud, consumer fraud, bank fraud, or other illicit commercial activities;
- promoting the website's Materials in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the website's Materials in relation or for any other purpose which is prohibited by law;
- infringing intellectual property rights of the website, its affiliates, publishers, customers or other related parties;
- misrepresenting the website and any, some or all of the website's Materials, or misrepresenting, over-promising or other acts in violation of federal or state law governing consumer protection and commercial activities; or
- otherwise violating this website's rules or policies.
If the website suspects you have been involved with any misconduct, the website will suspend your registered account and/or will review conduct that appears to violate this Terms. This review will be conducted in a manner decided by the website. You agree to cooperate with such review. If the review concludes that there is a reasonable basis to believe actionable misconduct has occurred, the website may terminate your account and this agreement and may seek remedies for liquidated damages and/or for the benefit of third parties affected by the misconduct. The website may also pursue other legal prosecutions and remedies as allowed by law.
19.6 You understand that the website may freely assign or otherwise transfer any or all of the rights and obligations described in the Terms without your consent and without notice to you.
19.7 You agree that if any provision of the Terms is declared or determined by any court to be illegal or invalid, the validity and enforceability of the remaining parts, terms or provisions shall not be affected by that determination, and the illegal or invalid part, term, or provision shall not be deemed to be part of the Terms.