Terms of Use

Welcome to 1 Giant Mind, LLC and its affiliates (“1 Giant Mind”) provide Website features to you subject to the following conditions. If you visit or shop at 1 Giant Mind.com or any of its affiliated sites (collectively referred to as “Website”), you accept these conditions. Please read them carefully. In addition, when you use any current or future 1 Giant Mind service or business you also will be subject to the guidelines, terms and agreements (the “Terms”) applicable to such service or business. If these conditions are inconsistent with the Terms, these Terms will control.

PRIVACY

We care about your privacy so please review our Privacy Policy which also governs your visit to this Website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and software, is the property of 1 Giant Mind or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of 1 Giant Mind and protected by U.S. and international copyright laws. All software used on this Website is the property of 1 Giant Mind or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

1 Giant Mind graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of 1 Giant Mind in the U.S. and/or other countries. 1 Giant Mind’s trademarks, trade names and trade dress may not be used in connection with any product or service that is not 1 Giant Mind’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 1 Giant Mind. All other trademarks not owned by 1 Giant Mind that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 1 Giant Mind.

PATENTS

One or more patents owned by 1 Giant Mind or its suppliers apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents.

LICENSE AND WEBSITE ACCESS

1 Giant Mind grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of 1 Giant Mind. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 1 Giant Mind. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 1 Giant Mind without the express written consent of 1 Giant Mind. You may not use any “meta” tags or any other “hidden text” utilizing 1 Giant Mind’s name or trademarks without the express written consent of 1 Giant Mind. Any unauthorized use terminates the permission or license granted by 1 Giant Mind. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 1 Giant Mind.com so long as the link does not portray 1 Giant Mind, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any 1 Giant Mind logo or other proprietary graphic or trademark as part of the link without the express written permission of 1 Giant Mind.

YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 1 Giant Mind does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 13, you may use 1 Giant Mind.com only with involvement of a parent or guardian. 1 Giant Mind reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-card, email, any communication or other content. 1 Giant Mind reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant 1 Giant Mind a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any and all media now known or hereafter devised. You grant 1 Giant Mind and sub-licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own, or otherwise control, all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 1 Giant Mind for all claims resulting from content you supply. 1 Giant Mind has the right but not the obligation to monitor and edit or remove any activity or content. 1 Giant Mind takes no responsibility and assumes no liability for any content posted by you or any third party.

CHILD SAFETY

1 Giant Mind does not sell products for purchase by children. Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, 1 Giant Mind does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. 1 Giant Mind does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.

If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

COPYRIGHT COMPLAINTS

1 Giant Mind respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement as described below.

OTHER BUSINESSES

Parties other than 1 Giant Mind may operate stores, provide services, or sell product lines on this Website. In addition, we provide links to the websites of affiliated companies and certain other businesses. While we thoroughly vet our merchants and require that they meet certain standards and requirements, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. 1 Giant Mind does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY 1 GIANT MIND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 1 GIANT MIND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 1 GIANT MIND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1 GIANT MIND DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM 1 GIANT MIND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1 GIANT MIND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your visit to 1 Giant Mind, this Website, or to products or services sold or distributed by 1 Giant Mind or through this Website, which cannot be mutually resolved between us, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent c/o 1 Giant Mind, LLC, 2140 South Dupont Highway, Camden, Delaware 19934. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $2,500 .00 unless the arbitrator determines the claims are frivolous. Likewise, 1 Giant Mind will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that you have no right to enjoin the exhibition, distribution, advertising, or exploitation of the Website. We also both acknowledge and agree that 1 Giant Mind may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW AND JURISDICTION

By visiting www.1giantmind.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without reference to conflict of law provisions, will govern these Terms of Use and any dispute of any sort that might arise between you and 1 Giant Mind, with venue in Wilmington, Delaware.

WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, and Disclaimer, posted on this Website. These and other policies also govern your visit to this Website. We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

1 Giant Mind, LLC
2140 South Dupont Highway
Camden, Delaware 19934

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 1 Giant Mind.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 1 Giant Mind that your copyrighted material has been infringed.

Copyright Agent

1 Giant Mind.com
Legal Department
2140 South Dupont Highway
Camden, Delaware 19934
e-mail: legal@1giantmind.com