1. TERMS OF SALE. By placing an order for merchandise through AbsntMinded.com you agree to our terms of sale ("Terms of Sale") set out in this Section.
1.1. Order and Acceptance. Each item in an order that you submit to Absnt Minded constitutes a separate offer to purchase that item. After you place your order through AbsntMinded.com, you will receive a confirmation notice on the website and/or through a confirmation email. The onscreen confirmation notice and/or confirmation email that we send to you does not constitute acceptance of your order. Rather, Absnt Minded is not deemed to have accepted any item in your order until that item is shipped or made available for electronic delivery.
1.2. Rejection of Orders. Absnt Minded may reject your order for any reason. Reasons for rejecting an order include:
(a) item pricing error
(b) item unavailability
(c) rejection of payment
(d) insufficient shipping address
(e) suspected fraudulent activity
(f) orders connected with a previous credit card dispute
1.3. Sales Tax. Absnt Minded charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your shopping cart and on your invoice.
1.4. Shipping Charges. For physical goods, prices for items do not include charges for shipping and handling. Separate charges for shipping and handling will be itemized in your shopping cart and on your invoice.
1.5. Shipping Policies.
(a) Shipping Processing Times. All items are subject to stock availability. Items which are temporarily out of stock may incur shipping delays. We will endeavor to ship your item as soon as possible. If we determine we are unable to ship your order in a reasonable time (typically 30 days) we may elect to cancel your order. All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. Delivery delays can occasionally occur. In addition, if we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
(b) Shipment Confirmation & Order Tracking. You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
(c) Customs, Duties and Taxes. AbsntMinded.com is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
(d) Damages / Lost Shipments. AbsntMinded.com is not liable for any products damaged or lost during shipping. If your product is lost during shipping, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim. If your order arrives damaged, you must contact us within 24 hours of delivery to notify us of the problem. We will request photographs.
(e) International Shipping Policy. We currently do not ship outside the U.S.
1.6. Price Changes. Absnt Minded may change the price of any item at any time.
1.7. Fraudulent Activities. Absnt Minded will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order filled and delivered to you.
1.8. Returns / No Warranties.
(a) Damaged Items. If your order arrives damaged, you must contact us within 24 hours of delivery to notify us of the problem. We will request photographs. A shipping label and RMA will be issued upon receipt of damaged product photographs.
(b) Returns. There are no product warranties of any kind. To be eligible for a return, your item must be unused and in a new, undamaged condition. Any items that have been used and are not in new original condition may not be returned. You may return an unopened and unused item, in its original condition and packaging, with the tags still attached within fourteen (14) days from the date of purchase. Once we have received and validated your item as qualifying for a return, we will allow you to exchange the item or provide you store credit which you may use for a new purchase at AbsntMinded.com.
(c) Refunds. Any return for a refund will be subject to a 10-18% restocking fee. This fee may be waived for defective and carrier damaged products. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies. If you receive a refund, the cost of return shipping will be deducted from your refund. If you return an item not in its original condition or otherwise fail to exercise reasonable care when returning an item, we reserve the right to either (i) reject your return and decline any credit or (ii) to deduct from any credit reasonable repair or other similar costs
(d) Items Ineligible for Return. The following items may not be returned:
1. Items marked “Non-Returnable” on the sale page
2. Personalized items
3. Clearance items
4. Gift cards
5. Bundled items at discounted rates
6. Items you have already used or assembled
(e) Return Shipping. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
1.9. Resale of Merchandise Prohibited. To protect Absnt Minded's intellectual property rights, Absnt Minded's policies do not allow merchandise to be resold or reshipped. Any resale of our merchandise for personal or business profit is strictly prohibited. Furthermore, any orders shipping to 'Freight Forwarding Companies' will not be accepted.
2. WEBSITE ACCESS
2.1. Access. Absnt Minded grants you a limited, revocable, nonexclusive license to access AbsntMinded.com for your own personal use.
2.2. Account Creation. In order to access some features of AbsntMinded.com, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to AbsntMinded.com, you are required to update that information immediately.
2.3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Absnt Minded immediately of any breach of security or unauthorized use of your account. Although Absnt Minded will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Absnt Minded or others due to such unauthorized use.
2.4. Automated Systems. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that access AbsntMinded.com. You agree not to collect or harvest any personally identifiable information, including account names, from AbsntMinded.com, nor to use the communication systems provided by AbsntMinded.com for any commercial solicitation or illegal or improper purposes.
2.5. Search Engines. Notwithstanding the foregoing, Absnt Minded grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Absnt Minded reserves the right to revoke these exceptions either generally or in specific cases.
2.9. Consent to Electronic Service. When you use AbsntMinded.com 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 AbsntMinded.com. 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.
3. THIRD-PARTY CONTENT / INTERACTIVE FEATURES
3.1. The AbsntMinded.com website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including product reviews, by you, other users, and other third parties such as our partners or affiliates ("Third-Party Content").
3.2. Third-Party Content also includes, but are not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of AbsntMinded.com.
3.3. By posting, submitting or uploading a Third-Party Content to any area of AbsntMinded.com, you automatically grant, and you represent and warrant that you have the right to grant, to Absnt Minded an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third-Party Content to AbsntMinded.com, you automatically grant Absnt Minded all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting Absnt Minded the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Absnt Minded, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
3.4. You acknowledge that the interactive features on AbsntMinded.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to AbsntMinded.com. Absnt Minded cannot guarantee the security of any information you disclose through AbsntMinded.com. You make such disclosures at your own risk. Absnt Minded has no obligation to retain or provide you copies of Third-Party Content.
3.5. By posting Third-Party Content to AbsntMinded.com or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Absnt Minded any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user's question.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
3.6. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to AbsntMinded.com on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access AbsntMinded.com to facilitate posting Third-Party Content on behalf of others, except with express written permission from Absnt Minded.
3.7. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Absnt Minded may change or remove any description or keyword that it considers inappropriate or unlawful in Absnt Minded's sole discretion.
3.8. You are and shall remain solely responsible for any and all Third-Party Content you make through AbsntMinded.com. You acknowledge that any information you disclose through AbsntMinded.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on AbsntMinded.com. Any such disclosures are at your own risk.
3.9. You understand that when using the AbsntMinded.com website, you will be exposed to Third-Party Content from a variety of sources, and that Absnt Minded is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Absnt Minded with respect thereto, and agree to indemnify and hold Absnt Minded, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
3.10. Third-Party Content may contain the views and opinions of individual content authors. Absnt Minded does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and Absnt Minded expressly disclaims any and all liability in connection with Third-Party Content.
3.11. Absnt Minded does not prescreen Third-Party Content submitted and Absnt Minded has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas, including product reviews, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Absnt Minded may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any AbsntMinded.com forum.
4. INTELLECTUAL PROPERTY INFORMATION
4.1. All content on the AbsntMinded.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Absnt Minded. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through AbsntMinded.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
4.2. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Absnt Minded.
4.3. You further agree not to reproduce, duplicate or copy Content from AbsntMinded.com without the express written consent of Absnt Minded, and agree to abide by any and all copyright and other legal notices displayed on AbsntMinded.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in AbsntMinded.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of AbsntMinded.com.
5. WARRANTY DISCLAIMER
5.1. ABSNT MINDED HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
5.2. ABSNTMINDED.COM, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
5.3. ABSNT MINDED MAKES NO WARRANTY THAT: (I) ABSNTMINDED.COM WILL MEET YOUR REQUIREMENTS, (II) ABSNTMINDED.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ABSNTMINDED.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN ABSNTMINDED.COM WILL BE CORRECTED.
5.4. ABSNT MINDED, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ABSNTMINDED.COM, PRODUCTS, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ABSNTMINDED.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ABSNTMINDED.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING ABSNTMINDED.COM AND/OR THOSE SERVICES.
6. UNSOLICITED MATERIAL AND IDEAS
6.1. We are happy to hear from users and welcome feedback regarding AbsntMinded.com. However, neither the AbsntMinded.com nor Absnt Minded are responsible for the similarity of any of its content in any media to materials or ideas you provide to AbsntMinded.com.
6.2. If you transmit unsolicited submissions to us through AbsntMinded.com or otherwise, you grant Absnt Minded a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Absnt Minded sees fit.
6.3. By using AbsntMinded.com and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against AbsntMinded.com, Absnt Minded and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
7.1. You agree to defend, indemnify and hold harmless Absnt Minded, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the AbsntMinded.com website;
(b) your participation in any interactive area of the AbsntMinded.com website including product reviews any material posted by you thereto.
(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) your violation of any law, rule or regulation of the United States, any state, or any other country;
(f) any claim that Third-Party Content posted by you or using your account caused damage to another third party.
(g) any other party's access and use of AbsntMinded.com with your account.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
8.1. Infringement Not Permitted. Absnt Minded does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Absnt Minded will remove any content if properly notified that such content infringes on another's intellectual property rights. Absnt Minded reserves the right to remove any content without prior notice.
8.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Absnt Minded's designated Copyright Agent to receive notifications of claimed infringement is:
Absnt Minded LLC
Attn: Copyright Agent
6495 Violet Breeze Way
Las Vegas, NV 89142
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8.3. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
8.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, AbsntMinded.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AbsntMinded.com sole discretion.
10. GOVERNING LAW / DISPUTES
10.1. You agree that the AbsntMinded.com website shall be deemed solely based in the State of Nevada.
10.2. The AbsntMinded.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Absnt Minded, either specific or general, in jurisdictions other than Nevada.
10.4. Disputes. Any dispute, claim or controversy arising out of or relating to the AbsntMinded.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the AbsntMinded.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
10.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND ABSNT MINDED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. ASSIGNMENT / MODIFICATION