Terms of Service
The following terms and conditions govern all use of the Gentlemint.com website and all content, services and products available at or through the website. The Website is owned and operated by Brisky Business, LLC. (“Brisky Business”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Brisky Business' Privacy Policy) and procedures that may be published from time to time on this Site by Brisky Business (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to observe the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. In creating a Gentlemint.com account, you have expressly agreed that you have the authority to enter into a contract, and you agree to be bound by these terms of Service.
1. Your Gentlemint.com Account. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not add links to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Brisky Business may change or remove any link that it considers inappropriate or unlawful, or otherwise likely to cause Brisky Business liability. You must immediately notify Brisky Business of any unauthorized uses of your account or any other breaches of security. Brisky Business will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Website Visitors. Brisky Business has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Brisky Business does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Brisky Business disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Third Party Content. Gentlemint.com allows users to post or link to third party content. In using these features, or by posting any content you warrant that you have the authority to do so. You acknowledge that Brisky Business cannot undertake to review content linked or posted to this website. By navigating to, or otherwise accessing third party websites, services, or content you agree and understand that they are not under the control of Brisky Business, as such Brisky Business assumes no responsibility for third party use. With this understanding, we would still ask that you refer to the terms of service and policies of third party sites. Brisky Business cannot vouch for the veracity or value of services or information inked by our users, nor can we guarantee that the content found therein will appropriate or inoffensive. The ability to of our third party users to link content, is not an endorsement of these third party sites or services nor is it meant to suggest association or authorized use of the intellectual property presented therein. The ability to link or frame content is a feature presented to users for informational and commentary purposes. No commercial purpose or endorsement should be inferred by a user's third-party link or reference.
4. Trademarks. This Agreement does not transfer from Brisky Business to you any Brisky Business or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with their owner. Brisky Business, Gentlemint.com, the Gentlemint.com logo, and all other trademarks, service marks, graphics and logos used in connection with Gentlemint.com, or the Website are trademarks or registered trademarks of Brisky Business or Brisky Business' licensors.
5. Copyright. Any communication or material that you post, transmit or otherwise communicate to this site or to us will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you can submit a DMCA notice here. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
6. Advertisements. Brisky Business reserves the right to display advertisements on Gentlemint.com and your account.
7. Changes. Brisky Business reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Brisky Business may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Brisky Business may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gentlemint.com account (if you have one), you may simply discontinue using the Website.
9. Disclaimer of Warranties. The Website is provided “as is”. Brisky Business and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brisky Business nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Brisky Business, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Brisky Business shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Brisky Business Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. Indemnification. You agree to indemnify and hold harmless Brisky Business, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Brisky Business and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Brisky Business, or by the posting by Brisky Business of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kansas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Douglas County, Kansas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lawrence, Kansas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Brisky Business may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.