Terms of service

Terms & Conditions

The Mental Store  provides website and other electronic Products and Services subject to the conditions set out below (“Conditions”). By using and shopping via The Mental Store  website(s), The Mental Store  telephone ordering, and other websites and existing or future Products and Services that expressly incorporate these Conditions (“The Mental Store  Products and Services”), you accept these Conditions. In some instances, a particular The Mental Store Service or a product purchased through the The Mental Store  Products and Services may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.

Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use The Mental Store  Products and Services.

Applicable Laws

The Mental Store  makes no representation that content included in any The Mental Store  Service is appropriate or available for use in locations other than in the United States, and access to The Mental Store  Products and Services from territories where their content is illegal is prohibited. Those who choose to access The Mental Store  Products and Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any The Mental Store  Service in violation of U.S. export laws and regulations.

Change of Terms

The Mental Store  may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which The Mental Store may give by any means, including, without limitation, by posting the revised Conditions on The Mental Store  Products and Services. You are responsible for reviewing The Mental Store  Products and Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of The Mental Store  Products and Services after changes to these Conditions will constitute your acceptance of the revised terms.

Orders and Pricing

The Mental Store  reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on The Mental Store  , and may be adjusted by The Mental Store  at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation. All orders/purchases of The Mental Store   products are subject to our Shipping/Return/Exchange Policy. 

Content

Copyright in the documents and material on The Mental Store  Products and Services is owned by or licensed to The Mental Store  . You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on The Mental Store  Products and Services are either the property of, or used with permission of, The Mental Store  . The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on The Mental Store  Products and Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the mental stor eProducts and Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the The Mental Store  Products and Services without the written permission of The Mental Store  or any third party that may own such trademarks or service marks. The Mental Store  will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions

All information, ideas, suggestions, or other communications you transmit to The Mental Store  concerning the materials contained in The Mental Store  Products and Services will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. The Mental Store  will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.

For all of the content that you post or submit to the The Mental Store  Products and Services, you grant The Mental Store  a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant The Mental Store  and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify The Mental Store  for all claims resulting from any content that you supply. The Mental Store  has the right but not the obligation to monitor any activity and to edit or remove any content. The Mental Store  takes no responsibility and assumes no liability for any content posted by you or by any third party.

If you believe that your work has been copied and posted on the Website or Social channels in a way that constitutes copyright infringement, please send us a notice of infringement with the following information: 

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and primary email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may file a notice of infringement with our designated Copyright Agent.

It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our copyright agent can be reached at support@thementalstore.com.

Upon receipt of a proper DMCA notice of infringement, we may promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”

 

Links to Other Sites and Products and Services

Links to other Internet sites and Products and Services operated by third parties, including The Mental Store  vendors, do not constitute sponsorship, endorsement, or approval by The Mental Store  of the content, policies, or practices of such linked sites or Products and Services. The Mental Store  is not responsible for the availability, content, security, policies, or practices of linked sites or Products and Services, including, without limitation, the accuracy of content on linked sites or Products and Services and the privacy policies and practices of linked sites and Products and Services.

Electronic Communications

When you access or use The Mental Store  Products and Services, send e-mails to The Mental Store  , or receive electronic communications from The Mental Store , you are, and consent to, communicating with The Mental Store  electronically. The Mental Store  may communicate with you by e-mail or by posting notices on one or more of The Mental Store  Products and Services. You agree that all notices, disclosures, agreements, policies, and other communications that The Mental Store  provides to you electronically satisfy any requirement that such communications be in writing.

Disclaimer of warranties and limitation of liability

The material contained in The Mental Store  Products and Services has been checked for accuracy. However, The Mental Store  Makes no warranties or representations as to such material’s accuracy, and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on The Mental Store  Products and Services is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Mental Store Disclaims any and all warranties, express or implied, for any products or Products and Services offered on the The Mental Store Products and Services, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any product warranty offered by the product’s manufacturer.

Under no circumstances will The Mental Store  , or any other party involved in creating, producing, or delivering the The Mental Store  Products and Services or their respective directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive, or other damages, whether in contract, tort, or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use the The Mental Store  Products and Services or any linked Products and Services or arising out of its contents or any errors or omissions in its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if The Mental Store Is expressly advised of the possibility of such damages. The Mental Store  Does not warrant or represent that your access to or use of the The Mental Store  Products and Services or any linked Products and Services will be interrupted or free of errors or omissions, that defects will be corrected, or that the The Mental Store  Products and Services or any linked Products and Services is free of computer viruses or other harmful components.

Under no circumstances will The Mental Store  , or any other party or their respective directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive, or other damages, whether in contract, tort, or otherwise, including negligence, arising in any way from any product or service sold or provided through the The Mental Store  Products and Services, even if The Mental Store Is expressly advised of the possibility of such damages. In no event shall The Mental Store Liability be greater than the price you paid for the product or service that is the basis for the claim.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification

You agree to defend, indemnify, and hold harmless The Mental Store  and its related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of The Mental Store  Products and Services.

Your Access to The Mental Store  Products and Services

When you use The Mental Store  Products and Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and Products and Services through, The Mental Store  Products and Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. The Mental Store  sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use The Mental Store Products and Services only with the involvement of a parent or guardian. The Mental Store  reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of The Mental Store  Products and Services. In the event that The Mental Store  denies you access to one or more The Mental Store  Products and Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.