Terms of Service

AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the UncannyMind.com Services. YOUR USE OF THE UncannyMind.com SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the services to which such terms apply.

USER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide UncannyMind.com with your full legal name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the UncannyMind.com Service you warrant to UncannyMind.com that you will not use the UncannyMind.com Service for any unlawful purpose.

TERMS OF PAYMENT
You agree to pay UncannyMind.com appropriate payment for the products & services received from UncannyMind.com, in advance of the time period during which such services are provided. You agree to provide UncannyMind.com with current billing and contact information and authorize UncannyMind.com to bill all account and related charges to the credit card on file. You further agree that until and unless you notify UncannyMind.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that UncannyMind.com may apply the amount due to the provided card at any time, and will issue absolutely no refunds. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit such a card within ten business days of the original attempt. A credit card resubmission fee of $10.00 will be charged against the account for every time we attempt resubmission. Should the card be denied again, we may terminate the account, and the resubmission fees (up to $50.00) will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements. UncannyMind.com reserves the right to change prices at any time.

SHARING OF PRODUCT/S & RESALE RESTRICTIONS
You represent and warrant that the product/s you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.

REFUND POLICY
All payments are non-refundable.

TERMINATION
UncannyMind.com may terminate this agreement and your access to any or all UncannyMind.com related services at any time, with or without cause, effective immediately. UncannyMind.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by UncannyMind.com to have violated these Terms of Service may be barred from receiving any services from UncannyMind.com.

You may terminate this Agreement at any time by e-mailing the support department at UncannyMind.com with your name, password and reason for canceling. No refund shall be issued. UncannyMind.com must receive all termination requests by midnight on the end of the previous month in order to avoid paying for the next month's service.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE UncannyMind.com SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UncannyMind.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE UncannyMind.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY UncannyMind.com, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL UncannyMind.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE UncannyMind.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE UncannyMind.com SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UncannyMind.com RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT UncannyMind.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM UncannyMind.com AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS
All contents of the UncannyMind.com Website are proprietary to UncannyMind.com, and/or its suppliers and are protected under Copyright. All rights are reserved. UncannyMind.com reserves any rights not expressly granted herein.

FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of UncannyMind.com, UncannyMind.com is unable to perform in whole or in part its obligations as set forth in this Agreement, then UncannyMind.com shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make UncannyMind.com liable to the User.

GOVERNING LAW
Republic of Singapore's law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Republic of Singapore or to any Federal Court located within the Republic of Singapore.

ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Republic of Singapore, as the parties to this agreement agree to be governed by the laws of Republic of Singapore. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Republic of Singapore necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of Republic of Singapore with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars in total.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless UncannyMind.com against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with UncannyMind.com.

REMEDY
You agree that your sole and exclusive remedy to any issues relating to the UncannyMind.com Service is to discontinue using the Service.

ASSIGNMENT
In the event of a merger or consolidation of UncannyMind.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

WAIVER
The failure of UncannyMind.com to enforce a provision of this Agreement shall not be construed as a waiver or limitation of UncannyMind.com's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

MODIFICATION OF TERMS
UncannyMind.com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the UncannyMind.com Website. You are responsible for regularly reviewing these documents. Continued use of the UncannyMind.com Services after any such changes shall constitute your consent to such changes. UncannyMind.com does not and will not assume any obligation to notify you of any changes to the Terms of Service.