Terms AND CONDITIONS of use
Welcome to MentalTek.com. Walter Davis ("MentalTek") provides website features to you subject to the following conditions. If you visit or shop at MentalTek.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future MentalTek service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to MentalTek.com, to understand our practices.
Please review our Privacy Notice, which also governs your visit to MentalTek.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit MentalTek.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. 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.
When you visit MentalTek.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. 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 site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MentalTek or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MentalTek and protected by U.S. and international copyright laws. All software used on this site is the property of MentalTek or its software suppliers and protected by United States and international copyright laws.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MentalTek or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MentalTek and protected by U.S. and international copyright laws. All software used on this site is the property of MentalTek or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MentalTek's trademarks and trade dress may not be used in connection with any product or service that is not MentalTek's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MentalTek. All other trademarks not owned by MentalTek that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MentalTek.
MentalTek's trademarks and trade dress may not be used in connection with any product or service that is not MentalTek's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MentalTek. All other trademarks not owned by MentalTek that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MentalTek.
LICENSE AND SITE ACCESS
MentalTek grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MentalTek. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MentalTek. 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 MentalTek without express written consent. You may not use any meta tags or any other "hidden text" utilizing MentalTek's name or trademarks without the express written consent of MentalTek. Any unauthorized use terminates the permission or license granted by MentalTek. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MentalTek.com so long as the link does not portray MentalTek, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MentalTek logo or other proprietary graphic or trademark as part of the link without express written permission.
MentalTek grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MentalTek. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MentalTek. 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 MentalTek without express written consent. You may not use any meta tags or any other "hidden text" utilizing MentalTek's name or trademarks without the express written consent of MentalTek. Any unauthorized use terminates the permission or license granted by MentalTek. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MentalTek.com so long as the link does not portray MentalTek, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MentalTek logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, 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. MentalTek does sell products available to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use MentalTek.com only with involvement of a parent or guardian. MentalTek reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
If you use this site, 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. MentalTek does sell products available to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use MentalTek.com only with involvement of a parent or guardian. MentalTek reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-mails 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 MentalTek, 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 email or other content. MentalTek 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 MentalTek a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MentalTek and sublicensees the right to use the name that you submit in connection with such content, if they 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 MentalTek for all claims resulting from content you supply. MentalTek has the right but not the obligation to monitor and edit or remove any activity or content. MentalTek takes no responsibility and assumes no liability for any content posted by you or any third party.
Visitors may post reviews, comments, photos, and other content; send e-mails 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 MentalTek, 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 email or other content. MentalTek 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 MentalTek a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MentalTek and sublicensees the right to use the name that you submit in connection with such content, if they 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 MentalTek for all claims resulting from content you supply. MentalTek has the right but not the obligation to monitor and edit or remove any activity or content. MentalTek takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
MentalTek 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.
MentalTek 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.
RISK OF LOSS
All items purchased and shipped from MentalTek are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All items purchased and shipped from MentalTek are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
MentalTek attempts to be as accurate as possible. However, MentalTek does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MentalTek itself is not as described, your sole remedy is to return it in unused condition.
MentalTek attempts to be as accurate as possible. However, MentalTek does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MentalTek itself is not as described, your sole remedy is to return it in unused condition.
BILLING POLICY
The following constitutes MentalTek’s Billing Policy and apply to ALL MentalTek customers:
Payments
All payments are due at the time of purchase or on the Account Statement Date, depending on the agreed to payment terms. The Account Statement Date is the monthly anniversary of the date the account was activated. When you provide MentalTek your credit card information, you authorize MentalTek to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card as agreed until such time that you cancel your account in accordance with MentalTek’s Billing Policy in the Terms. You are responsible for directly updating, or notifying MentalTek, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Account Renewals
In order to insure uninterrupted access to the Membership Access Programs ("MAP"), membership will automatically renew on a monthly basis. MAP renewal charges are based on the rate on the initial date of membership. If you wish to cancel your MAP before the renewal date, please refer to the Cancellation section below.
Statements
MentalTek does not mail paper invoices or statements. Statements can be requested by contacting us here.
Cancellations and Returns
All tangible products shipped to a customer may be returned to MentalTek within 7 days of the shipping date on the condition the products are unopened and unused. Such returns will be charged a 15% restocking fee. Shipping and Handling charges are non-refundable.
All digital products: Full refund within 30 days of purchase.
Credit Card Disputes / Chargebacks
MentalTek has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at MentalTek’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing / Price Changes
MentalTek’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Discount Codes
MentalTek does not allow the use of coupon codes as part of on-site seminar enrollment, unless these have been created specifically for those events. Customers agree to allow MentalTek to debit their credit cards for the amount of discount in cases when customers inadvertently use unauthorized discount codes when registering for an event.
The following constitutes MentalTek’s Billing Policy and apply to ALL MentalTek customers:
Payments
All payments are due at the time of purchase or on the Account Statement Date, depending on the agreed to payment terms. The Account Statement Date is the monthly anniversary of the date the account was activated. When you provide MentalTek your credit card information, you authorize MentalTek to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card as agreed until such time that you cancel your account in accordance with MentalTek’s Billing Policy in the Terms. You are responsible for directly updating, or notifying MentalTek, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Account Renewals
In order to insure uninterrupted access to the Membership Access Programs ("MAP"), membership will automatically renew on a monthly basis. MAP renewal charges are based on the rate on the initial date of membership. If you wish to cancel your MAP before the renewal date, please refer to the Cancellation section below.
Statements
MentalTek does not mail paper invoices or statements. Statements can be requested by contacting us here.
Cancellations and Returns
All tangible products shipped to a customer may be returned to MentalTek within 7 days of the shipping date on the condition the products are unopened and unused. Such returns will be charged a 15% restocking fee. Shipping and Handling charges are non-refundable.
All digital products: Full refund within 30 days of purchase.
Credit Card Disputes / Chargebacks
MentalTek has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at MentalTek’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing / Price Changes
MentalTek’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Discount Codes
MentalTek does not allow the use of coupon codes as part of on-site seminar enrollment, unless these have been created specifically for those events. Customers agree to allow MentalTek to debit their credit cards for the amount of discount in cases when customers inadvertently use unauthorized discount codes when registering for an event.
OTHER BUSINESSES
Parties other than MentalTek provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. 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 Web sites. MentalTek 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.
Parties other than MentalTek provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. 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 Web sites. MentalTek 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 SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MENTALTEK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MENTALTEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ALL CONTENT PROVIDED TO YOU BY MENTALTEK IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MENTALTEK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MENTALTEK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MENTALTEK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MENTALTEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MENTALTEK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MENTALTEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ALL CONTENT PROVIDED TO YOU BY MENTALTEK IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MENTALTEK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MENTALTEK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MENTALTEK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MENTALTEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
APPLICABLE LAW
By visiting MentalTek.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MentalTek.
By visiting MentalTek.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MentalTek.
DISPUTES
Any dispute relating in any way to your visit to MentalTek.com or to products or services sold or distributed by MentalTek or through MentalTek.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500 shall be adjudicated in any state or federal court in San Diego, California, and you consent to exclusive jurisdiction and venue in such courts.
Any dispute relating in any way to your visit to MentalTek.com or to products or services sold or distributed by MentalTek or through MentalTek.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500 shall be adjudicated in any state or federal court in San Diego, California, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all of our policies. These policies also govern your visit to MentalTek.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions 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.
Please review all of our policies. These policies also govern your visit to MentalTek.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions 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.
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 MentalTek.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MentalTek that your copyrighted material has been infringed.
MentalTek.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached by contacting us here.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MentalTek.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MentalTek that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the product ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
MentalTek.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached by contacting us here.
