Term of Service
Welcome to www.mastermindbydesign.co. The website (the “Site”) is comprised of various web pages operated by Mastermind By Design LLC (“Mastermind by Design”). PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE.
If you are an entity, company, or organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Visiting www.mastermindbydesign.co or sending emails to Mastermind by Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you submit, comment or post any materials (such as photos, videos or written content) to the Site, you represent and warrant that (1) you are at least 18 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Mastermind by Design a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform such material, in whole or part, in any manner or medium, now known or hereafter developed , for any purpose, including commercial purposes and advertising; (4) you agree to defend and indemnify Mastermind By Design LLC from any and all third-party claims or complaints related to such materials.
Any communication by you on the Site, shall be respectful. You may not communicate or submit any content or materials that are abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law. Mastermind by Design has the right to terminate your account or refuse any and all current or future use of the website or services, in whole or part, without refund.
Mastermind by Design does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. Minors between the age of 14 and 18 may not use the Site or any Services unsupervised and only with permission of a parent or guardian.
No Unlawful or Prohibited Use/Intellectual Property
The Site and its original content, features, and functionality are owned by Mastermind By Design LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mastermind By Design LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mastermind by Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mastermind by Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mastermind by Design or our licensors except as expressly authorized by these Terms.
Payment Terms and Refund Policy
Services are provided for a fee. You agree to pay any applicable service fee and any taxes and other fees that may accrue in relation to your acceptance of a service, if any. Service fees will be payable in advance before your service begins via credit card processes powered through the Intuit® online platform. All fees are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in the United States Dollar.
Due to the nature of the Mastermind by Design custom design services, once the agreements are signed, payment is due in full according to the scheduled timelines. If the service or project has begun, refunds will not be provided. This includes in-progress and completed work.
Confidentiality / Non-Disclosure Agreement
Mastermind By Design LLC takes the confidentiality of its business relationships seriously and has an ethical responsibility to protect the confidentiality of discussions and information or data disclosed in meetings. Upon acceptance of one of our services, parties entering into a mutual beneficial business relationship will be required to sign a Non-Disclosure Agreement. The purpose of this agreement is to ensure that confidential information of all parties is not disclosed and is protected at every cost. If you use the Services in a manner that is inconsistent with the confidentiality agreement we may suspend or terminate the relationship.
Links to Third Party Sites or Services
www.mastermindbydesign.co may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mastermind by Design LLC and Mastermind by Design LLC is not responsible for the contents or actions of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mastermind by Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mastermind by Design of the site or any association with its operators. It is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
Certain services made available via www.mastermindbydesign.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mastermindbydesign.co domain, you hereby acknowledge and consent that Mastermind by Design may share such information and data with any third party with whom Mastermind by Design has a contractual relationship to provide the requested product, service or functionality on behalf of www.mastermindbydesign.co users and customers.
The Service is controlled, operated and administered by Mastermind By Design LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mastermind by Design Content accessed through www.mastermindbydesign.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Mastermind By Design LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mastermind By Design LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mastermind By Design LLC in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MASTERMIND BY DESIGN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MASTERMIND BY DESIGN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MASTERMIND BY DESIGN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Mastermind By Design LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Mastermind By Design LLC in its sole discretion reserves the right to change the Terms under which www.mastermindbydesign.co is offered. The most current version of the Terms will supersede all previous versions. Mastermind By Design LLC encourages you to periodically review the Terms to stay informed of our updates.
Effective as of August 10, 2020