Terms and Conditions

Important Notice: The terms of use described below create a binding agreement between Mindsell, LLC and you.

BEFORE USING BATTLEANXIETY.COM, ITS APP, ITS OTHER DIGITAL PROPERTIES AND ITS SOCIAL MEDIA WEB PAGES (THE “SITE”) OR THE SERVICE (AS DESCRIBED IN SECTION 2 BELOW), PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY DESCRIBE YOUR LEGAL RIGHTS AND OBLIGATIONS WHEN YOU USE THE SITE AND/OR THE SERVICE AND EVEN AFTER THIS CONTRACTUAL AGREEMENT HAS BEEN TERMINATED.

BEFORE USING ANY PORTION OF THE SITE OR SERVICE, YOU SHOULD ALSO READ OUR PRIVACY POLICY, WHICH DESCRIBES OUR OBLIGATIONS REGARDING ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US.

Mindsell LLC a New Jersey limited liability company (“Mindsell”, the “Company,” “we,” “our,” and “us” are used interchangeably), owns and operates the Site and is pleased to offer you access to the Service (as defined in Section 2 below) that we currently, or may in the future, provide through our Site, subject to these Terms of Use (the “Terms of Use”) and our privacy policy (the “Privacy Policy”), incorporated by reference herein (collectively, the Terms of Use and Privacy Policy are referred to as the “Agreement”).

  1. ACCEPTANCE OF TERMS

By accessing the Site or otherwise using any portion of the Service, you agree to comply with the terms and conditions set forth in this Agreement.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE ANY PORTION OF THE SITE OR SERVICE.  Acceptance of the Terms of Use creates a binding legal contract between you and the Company.

Mindsell reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated, Mindsell has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.

  1. Mindsell’s SERVICE

Through the Site, Mindsell provides community-based online forums for the discussion of certain topics and offers certain products for purchase by users.  Collectively, these activities together with any other services provided by us through the Site shall be referred to as the “Service.”  The Service, whether offered through the Site or any other medium in the future, is only available for Registered Users (defined in Section 3 below) who are thirteen (13) years of age or older, subject to the terms of the Privacy Policy for Users under the age of eighteen (18).  Unless we have permission from the legal guardian of a user who is under 18 years of age, we do not allow persons under age 18 to create a user account.

  1. ACCOUNT REGISTRATION & RESPONSIBILITIES
  2. Registration

The Service and certain areas of the Site are only available to users who create an account with the Company (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”).  If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.

Furthermore, you agree to provide accurate, current and complete Registration Data as may be prompted by any registration forms on the Site, and to keep the Registration Data current and complete, including updating such Registration Data immediately upon any change.  The Registration Data submitted by you to create your account will be used in accordance with our Privacy Policy. YOU HEREBY REPRESENT AND WARRANT THAT THE REGISTRATION DATA IS ACCURATE AND COMPLETE IN ALL MATERIAL RESPECTS.

  1.  Responsibilities

You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us at [email protected]

  1. Conduct

As a condition of use, you hereby agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Mindsell (each an “Unauthorized Use”). By way of example, and not as a limitation, you agree not to:

  • provide false or inaccurate Registration Data;
  • complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
  • post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
  • use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any Mindsell user;
  • create or submit unwanted email (“Spam”) to any other Mindsell users;
  • infringe upon the intellectual property rights of Mindsell , its users or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
  • advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
  • duplicate, copy, reproduce, sell, re-sell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of the Company.

If Mindsell is notified, becomes aware of, or suspects that there is inaccurate Registration Data or an Unauthorized Use with respect to your account, it has the right, but not the obligation, in its sole discretion, to conduct an investigation. In the event Mindsell elects to conduct an investigation, you hereby agree to cooperate in such investigation until Mindsell determines the cause of the inaccuracy or the Unauthorized Use. If Mindsell has reasonable grounds to suspect that you intentionally provided us with inaccurate Registration Data or participated in an Unauthorized Use, we may suspend or terminate your account, prevent you from using the Services indefinitely, and/or pursue any available remedy at law or in equity. The foregoing shall not in any way limit our ability to restrict your access to the Services for any reason or no reason atall, including without limitation a breach of any other provision of these Terms of Use.

  1. DATA STORAGE

Mindsell uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below.  These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not Mindsell, store your credit or debit card information in their databases.

We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.

  1. CONTENT AND Users

By accessing the site OR using the service, you acknowledge that Mindsell merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.

The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement of or referral to a particular vendor. Mindsell does not guarantee the accuracy, quality or completeness of the Content.

Although we work with third party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.

NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that Mindsell’s correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User.  You agree that Mindsell shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.

Mindsell does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.