Terms & Conditions

1. Introduction

Welcome to Modern Mindset. These Terms and Conditions ("Terms") govern your use of the Modern Mindset website (modernmindset.ca), content, products, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Modern Mindset reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or through other communication channels. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.

2. Use of Services

2.1 Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have the permission of a parent or guardian to use our Services and they must agree to these Terms on your behalf.

2.2 Account Registration

Some of our Services may require you to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Create only one account
• Not share your account with others
• Notify us immediately of any unauthorized use of your account
• Ensure your account information is accurate and up to date

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we suspect unauthorized or fraudulent activity.

2.3 Acceptable Use

When using our Services, you agree to:

• Comply with all applicable laws and regulations
• Respect the rights of others, including their intellectual property rights
• Not use our Services for any illegal or unauthorized purpose
• Not attempt to gain unauthorized access to any part of our Services
• Not modify, adapt, or hack our Services or modify another website to falsely imply that it is associated with Modern Mindset
• Not use our Services to transmit any malware, spyware, or other malicious code
• Not interfere with or disrupt the integrity or performance of our Services

3. Content

3.1 Our Content

All content on our Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Modern Mindset or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Our content is provided for your personal, non-commercial use only. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services without our prior written consent
• Use any of our trademarks, service marks, or other materials without our prior written consent
• Frame or mirror any portion of our Services without our prior written authorization
• Use our content for any commercial purpose without our express written permission

3.2 User Content

Our Services may allow you to submit content, such as comments, feedback, or other materials ("User Content"). By submitting User Content, you grant Modern Mindset a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that:

• You own or control all rights to the User Content you submit
• The User Content is accurate and not misleading
• The User Content does not violate these Terms or any applicable law
• The User Content will not cause injury to any person or entity

We reserve the right to remove any User Content that, in our judgment, violates these Terms or is otherwise objectionable.

3.3 Third-Party Content

Our Services may contain links to third-party websites, resources, or content. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

4. Intellectual Property

4.1 Trademarks

"Modern Mindset" and other related logos, product and service names, design marks, and slogans are trademarks or registered trademarks of Modern Mindset or its affiliates. You may not use such marks without our prior written permission.

4.2 Copyright

All content included on our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Modern Mindset or its content suppliers and is protected by international copyright laws.

4.3 Copyright Complaints

If you believe that any material on our Services infringes upon your copyright, please notify us by providing the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity
• Contact information for the complainant, such as an address, telephone number, and email
• A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner

Please send copyright complaints to: info@modernmindset.ca

5. Products and Services

5.1 Product Information

We strive to provide accurate descriptions, images, prices, and availability for all products and services offered through our Services. However, we do not guarantee that all information is error-free, complete, or current. In the event of an error, we reserve the right to correct the information and either cancel your order or contact you with options to proceed with the corrected information.

5.2 Pricing and Payment

All prices displayed on our Services are in Canadian Dollars (CAD) and do not include applicable taxes unless explicitly stated otherwise. Taxes will be calculated based on the billing address and applicable tax rates at the time of purchase.

By providing a payment method, you represent and warrant that:

• The payment information you provide is accurate and you are authorized to use it
• You will pay the charges incurred at the posted prices, including all applicable taxes

We reserve the right to change prices at any time. We will not charge your payment method until your order is accepted and processed.

5.3 Subscriptions

If you purchase a subscription to any of our Services:

• Your subscription will automatically renew at the end of each subscription period unless you cancel it prior to the renewal date
• You authorize us to charge your payment method for the subscription fee at the then-current rate
• You can cancel your subscription at any time by accessing your account settings or contacting us

We reserve the right to change subscription fees upon reasonable notice. If we change the subscription fee, we will provide notice of the change and give you an opportunity to cancel before the change takes effect.

6. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using our Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

7. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. Modern Mindset expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

• Our services will meet your requirements
• Our services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our services will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained through our services will meet your expectations

8. Limitation of Liability

To the fullest extent permitted by applicable law, Modern Mindset shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount paid by you to Modern Mindset during the six (6) month period prior to the date of the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Modern Mindset, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing our Services using your account.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising out of or relating to these Terms or our Services shall be resolved by binding arbitration in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted in Toronto, Ontario, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

10.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Modern Mindset will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

10.4 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms or our services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

11. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

12. Waiver

No waiver by Modern Mindset of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Modern Mindset to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and Modern Mindset concerning our Services.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Modern Mindset
875 Jasmine Pines
Masonville, BT41 2RX
Canada
Email: info@modernmindset.ca
Phone: +448262985012