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Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Brisky Business, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Gentlemint.com Account. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not add links to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Brisky Business may change or remove any link that it considers inappropriate or unlawful, or otherwise likely to cause Brisky Business liability. You must immediately notify Brisky Business of any unauthorized uses of your account or any other breaches of security. Brisky Business will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Website Visitors. Brisky Business has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Brisky Business does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Brisky Business disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Gentlemint.com links, and that link to Gentlemint.com. Brisky Business does not have any control over those non-Gentlemint websites and webpages, and is not responsible for their contents or their use. By linking to a non-Gentlemint website or webpage, Brisky Business does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Brisky Business disclaims any responsibility for any harm resulting from your use of non-Gentlemint websites and webpages.
4. Copyright Infringement and DMCA Policy. As Brisky Business asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Gentlemint.com violates your copyright, you are encouraged to notify Brisky Business in accordance with Brisky Business’ Digital Millennium Copyright Act (“DMCA”) Policy. Brisky Business will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Brisky Business will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Brisky Business or others. In the case of such termination, Brisky Business will have no obligation to provide a refund of any amounts previously paid to Brisky Business.
5. Intellectual Property. This Agreement does not transfer from Brisky Business to you any Brisky Business or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Brisky Business. Brisky Business, Gentlemint.com, the Gentlemint.com logo, and all other trademarks, service marks, graphics and logos used in connection with Gentlemint.com, or the Website are trademarks or registered trademarks of Brisky Business or Brisky Business' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Brisky Business or third-party trademarks.
6. Advertisements. Brisky Business reserves the right to display advertisements on Gentlemint.com and your account.
7. Changes. Brisky Business reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brisky Business may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Brisky Business may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gentlemint.com account (if you have one), you may simply discontinue using the Website.
9. Disclaimer of Warranties. The Website is provided “as is”. Brisky Business and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brisky Business nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Brisky Business, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Brisky Business shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Miscellaneous. This Agreement constitutes the entire agreement between Brisky Business and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Brisky Business, or by the posting by Brisky Business of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kansas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Douglas County, Kansas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lawrence, Kansas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Brisky Business may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.