The following terms and conditions (the “Terms and Conditions”) govern your use of this web site, and any content made available from or through this web site, including any sub domains thereof (the “Web Site”). The Web Site is made available by Retail Minded.  Retail Minded may be referred to as “we” or “us”. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site.

BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO OUR TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or use the Web Site.

1. Proprietary Rights. As between you and Retail Minded,  Retail Minded owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including copy, video, photographs, illustrations, graphics, other visuals, text, software, titles, PDF files, etc.), code, data and materials of the site, the look, design and organization of the Web Site, and the collection of the content, code, data and materials on the Web Site. This includes but is not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any of the above details, including content, code, data or materials you may access on or through the Web Site.

2. Limited License. You can access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use. They cannot be shared in newsletters, print publications or any other documents intended for an audience larger than one self without written permission (see below).

3. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Retail Minded or the otherwise applicable rights holder. You may not download, post, display, publish, copy, reproduce, distribute, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. Additionally you may not alter, edit, delete, remove, change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, without written permission or then you may violate copyright and other laws of the United States, as well as applicable state laws. International laws may apply as well. If these laws are broken, you may be subject to liability for such unauthorized use.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Retail Minded. They may not be used in connection with products and/or services that are not related to Retail Minded. All Trademarks not owned by Retail Minded that appear on the Web Site, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting any license or right to use any Trademark displayed on the Web Site without the written permission of Retail Minded or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on any part of the Web Site is strictly prohibited.

5. Submitted Materials. We do not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Web Site by e-mail or in any other way. Any information volunteered through forum posts, blog comments or other outlets to share your feedback are done so with your own choice. Ideas, suggestions, concepts, designs, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Web Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. There is no guarantee physical product submitted to us will be returned.

6. User Information. You may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”) during your use on the website. Retail Minded only collects necessary information for such services as products being sold and blog subscriptions, respecting applicable policies and their unique privacy details. The User Information are set forth in the Web Site’s Privacy Policy which is incorporated herein by reference for all purposes. Your use acknowledges and agrees that you are solely responsible for the accuracy and content of User Information.

7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed) or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of Ball Publishing’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

8. Public Forums. Retail Minded offers a forum, also known as a message service area, chat service, bulletin board, message board, blog, and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Retail Minded. You alone are responsible for the content and consequences of any of your activities in the forum sections of the website.

9. Right to Monitor Over Editorial. Retail Minded reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users. However, Retail Minded is not responsible for any such materials posted by users. We reserve the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Retail Minded’s sole discretion are objectionable or in violation of this Terms of Use, Retail Minded’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

10. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.

11. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

12. Indemnification. You agree to defend, indemnify and hold any employee of Retail Minded harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. Retail Minded reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Retail Minded should it be necessary to file such a claim.

13. Orders for Products and Services. We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Retail Minded. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. All information available on Retail Minded is meant to support retailers and is not intended to be the only solution to retail business needs.  The templates, tools, resources and other downloadable products we provide (for free or for sale) are to be used in your own judgement and we cannot guarantee they will deliver any results for your business.

14. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply Retail Minded’s endorsement, sponsorship, or recommendation of that site. Retail Minded disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Retail Minded cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall Retail Minded be held responsible for the contents of such sites, or any subsequent links. Retail Minded does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Retail Minded is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

15. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. It is illegal to copy written work of others and if you choose to use our website, then you must not copy any written work. Penalty brought on by the law and trademark rights may occur if this is abused.

16. Termination. Retail Minded may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Retail Minded maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

17. Applicable Laws. We control and operate the Web Site from our offices in the United States of America, therefore having designed it with this audience in mind. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with their local laws.

18. Changes to Terms of Use. Retail Minded reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

19. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Colorado, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Colorado, Douglas County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Douglas County in the State of Colorado. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.