PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, AND WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR RECORDS.
Changes to Terms
Users and Accounts
Responsible Use of Mindsz Online Services
Provision of the Mindsz Online Services
Service-Specific Terms and Conditions
Mindsz Members, Accounts and Update Program
Mindsz Listing and Promotional Services
Mindsz Mobile Application
Mindsz Rewards Program
Opting Out of Communications
Mindsz’ Disclaimer of Warranty and Limitation of Liability
Copyright and Trademark
Digital Millennium Copyright Act (“DMCA”) Policy
Repeat Infringer Policy
Notice of Claimed Copyright Infringement
Counter-Notification to Claimed Copyright Infringement
Liability for Misrepresentation under the DMCA
Errors, Inaccuracies and Moderation
Feedback and Submissions
Geographical Scope of the Mindsz Online Services
Notice to California Residents
1. Terms, Supplemented and Additional Terms
Certain services offered by through the Mindsz Online Services, including memberships, listing and promotional services, mobile applications, loyalty programs, sweepstakes and other promotions, may be governed by additional terms and conditions presented in conjunction with them (“Additional Terms”). You must agree to the Additional Terms before using such services. These Terms and any Additional Terms will apply equally. In the event of an irreconcilable inconsistency between any Additional Terms and these Terms, the Additional Terms will prevail.
2. Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the Mindsz Online Services. We may also notify you of such material changes via electronic communication, and we may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the Mindsz Online Services. By continuing to use the Mindsz Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the Mindsz Online Services thereafter. Changes to the Dispute Resolution provisions below do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
3. Users and Accounts
The Mindsz Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE MINDSZ ONLINE SERVICES. By accessing, using and/or submitting information to or through the Mindsz Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the Mindsz Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE MINDSZ ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to create and register an account in order to use certain Mindsz Online Services. In creating an account, you agree to:
• create only one account;
• provide honest, accurate, truthful, current and complete information;
• keep your information updated and accurate;
• maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
• promptly notify Mindsz if you discover or suspect that your account has been hacked or its security breached; and
• take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You are responsible for providing the equipment and services that you need to access and use the Mindsz Online Services. We do not guarantee that the Mindsz Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Mindsz Online Services or any component of them and to block or prevent future access to and use of the Mindsz Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Mindsz Online Services will survive such termination.
4. Personal Use Only
The Mindsz Online Services are owned by Mindsz and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Mindsz Online Services. You may not save or archive a significant portion of the material appearing in or on the Mindsz Online Services. All rights not expressly granted herein are reserved by Mindsz.
6. Responsible Use of the Mindsz Online Services
You may use the Mindsz Online Services for lawful purposes and in accordance with these Terms. You may not use the Mindsz Online Services:
• for any purpose that is unlawful or prohibited by these Terms or the Mindsz Acceptable Use Policy;
• to cause harm or damage to any person or entity;
• interfere with the proper operation of the Mindsz Online Services; or
• to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Mindsz in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MINDSZ AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY MINDSZ ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
7. Provision of the Mindsz Online Services
We are constantly improving the Mindsz Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the Mindsz Online Services, or certain features of the Mindsz Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Mindsz Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the Mindsz Online Services or stop (permanently or temporarily) providing the Mindsz Online Services (or any feature, program or content within the Mindsz Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the Mindsz Online Services at any time. You do not need to specifically inform us when you stop using the Mindsz Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Mindsz Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the Mindsz Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
• You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Mindsz Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
• You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
• Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
• If you opt in to participate in one of our text message programs, you provide your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code.
• Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE MINDSZ ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
8. Service-Specific Terms and Conditions
8.1 Mindsz Members, Accounts and Update Program.
The term “Member” as used in these Terms means an individual user of the Mindsz Online Services who creates an Mindsz account (“Account”) by providing his/her name, password, valid email address, zip code of his/her primary residence and date of birth. To become a Member, you must reside in and have a valid zip code in the 48 contiguous U.S. states or Washington D.C. Groups, clubs or organizations cannot be Members, and the Program is void outside the 48 contiguous U.S., states and Washington D.C. and where otherwise prohibited, restricted or taxed.
When you become an Mindsz Member, you will be automatically enrolled in the Mindsz Update Program (“Update Program”) to receive emails, SMS text messages, direct mail and other communications (“Communications”) with the latest news about Mindsz and its Affiliates, special offers, and coupons. When creating an Account, you may choose not to receive certain Communications (see Opting Out of Communications, below) but your email address and other contact information may be retained indefinitely in our Update Program database for administrative purposes. If you choose not to receive Communications, you may not receive Update Program benefits, such as special offers or coupons that Mindsz may make available to Members from time to time, and which may be subject to specific terms, restrictions and conditions.
Creating an Account does not guarantee receipt of any Communications or the availability to you of any coupons, special or promotional offers. The Update Program or any component of it is subject to change or termination without notice. Continued participation in the Update Program constitutes acceptance of its then-current terms and conditions.
Members are responsible for updating their Accounts. We are not responsible for any Communications sent to an incorrect or incomplete address or number, or for any lost, late, misdirected, damaged, postage-due or illegible mailings or other Communications. We reserve the right to correct and not honor errors made in our Communications with you.
8.2 Mindsz Listing and Promotional Services
8.3 Mindsz Mobile Application
Mindsz plans to make a mobile application available in the future. Regarding the Mindsz Mobile Application (“Mobile App”), these Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) the relevant terms of the Google Inc. (“Google”) Google Play Developer Distribution Agreement https://play.google.com/about/developer-distribution-agreement.html (“Supplemented Terms”). You must agree to these Supplemented Terms as well as these Terms before using the Mindsz Mobile App. In the event of an irreconcilable inconsistency between any Supplemented Terms and these Terms, these Terms will prevail.
In addition, the Mobile App may make special offers available from time to time (“App Offers”). App Offers may be based on your particular location or purchasing history using the Mobile App. App Offers also may be subject to additional terms and conditions as described in the App Offer. These App Offers are an integrated feature of the Mobile App. If you do not wish to receive App Offers, you must delete the Mobile App from your mobile device(s).
By downloading and using the Mobile App you acknowledge and agree that you accept the Supplemented Terms, and that Mindsz is solely responsible for the Mobile App and the content thereof, and not Apple or Google.
8.4 Mindsz Rewards Program.
At a future date, Mindsz may implement a Rewards Program for frequent users, in which you may be eligible to participate. To participate, you will need to enroll separately, and accept certain Rewards Program specific terms and conditions. Those Rewards Program terms and conditions will be in addition to these Terms, however, these Terms shall also govern your participation in any such Rewards Program. To the extent there is a conflict between the terms of the Rewards Program and these Terms, the terms of the Rewards Program will govern.
9. Opting Out of Update Communications
you may click on the unsubscribe link at the bottom of any Mindsz email or update your Mindsz account if you have one. To opt-out of SMS text messages from Mindsz, you can update your Mindsz account if you have one OR text STOP to the appropriate short code from the mobile device where you received the SMS text message. If you wish to stop receiving “transactional or relationship” Electronic Communications, you must delete your Mindsz user account.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS, AND NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MINDSZ DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY OF ANY OF THE MINDSZ ONLINE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, MINDSZ SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO ALL OF ITS ONLINE SERVICES AND ALL MATERIALS ACCESSIBLE THROUGH THE MINDSZ ONLINE SERVICES.
YOU AGREE THAT YOUR ACCESS AND USE OF THE MINDSZ ONLINE SERVICES ARE AT YOUR OWN RISK, AND THAT THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE ARE NOT LIABLE FOR ANY HARM RESULTING FROM: (A) CONTENT POSTED BY OTHER USERS; (B) THE CONDUCT OF OTHER USERS, E.G. ILLEGAL CONDUCT; (C) YOUR USE; OR (D) OUR REPRESENTATIONS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MINDSZ IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY OF THE MINDSZ ONLINE SERVICES OR ANY MATERIALS AVAILABLE IN ANY MINDSZ ONLINE SERVICE.
MINDSZ DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN ANY OF THE MINDSZ ONLINE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT EACH THE MINDSZ ONLINE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF MINDSZ IS AWARE OF THEM.
IN NO EVENT WILL MINDSZ AND ITS PARENT’S OR AFFILIATES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MINDSZ ONLINE SERVICES OR $100, WHICHEVER IS LESS. YOU AGREE TO BRING ANY AND ALL ACTIONS WITHIN ONE (1) YEAR FROM THE DATE OF THE ACCRUAL OF THE CAUSE OF ACTION AND THAT ACTIONS BROUGHT AFTER THIS DATE WILL BE BARRED.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT MINDSZ’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
11. Copyright and Trademark
Unless otherwise noted, all materials published on any Mindsz Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Shelterzoom Corp., Mindsz and/or its affiliates or by other parties that have licensed their material to Mindsz (“Mindsz Marks”). Mindsz Marks displayed in the Mindsz Online Services represent some of the proprietary rights currently owned or controlled by Mindsz in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Mindsz’ worldwide proprietary ownership rights.
Other trademarks, service marks, graphics and logos used in connection with the Mindsz Online Services are the trademarks of their respective owners (collectively “Third Party Marks”).
The Mindsz Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. You may not remove or alter any copyright, trademark or other proprietary right notice in the Mindsz Online Services. All rights not expressly granted are reserved.
12. Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the Mindsz Online Services. In compliance with the DMCA (Title 17, United States Code), Mindsz will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Mindsz also reserves the right to remove and disable access to any user-posted material which, in Mindsz’ sole judgment, may be infringing or violating another’s intellectual property right, whether or not Mindsz has been notified by the rights holder.
12.1. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Mindsz has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Mindsz to be repeat infringers. Mindsz may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
12.2 Designated Agent
In compliance with the DMCA, the Designated Agent for Mindsz to receive notifications of claimed infringement relating to any of the Mindsz Online Services is registered at https://www.copyright.gov/dmca-directory/.
Name: Allen Alishahi
Designated DMCA Agent
Mindsz.com c/o Shelterzoom Corp.
2286 Richmond Road
Staten Island, NY 10306
12.3 Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the Mindsz Online Services, please notify our Designated Agent listed above in writing and provide the following:
12.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
12.3.2 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;
12.3.3 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;
12.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address;
12.3.5 a statement that the complaining party has 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
12.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4 Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the Mindsz Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following:
12.4.1 your physical or electronic signature;
12.4.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
12.4.3 a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
12.4.4 your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Mindsz receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
12.5 Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
Links provided within the Mindsz Online Services will allow you to connect to other websites and services that are not under Mindsz’ control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
14. Errors, Inaccuracies and Moderation.
The Mindsz Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Mindsz Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If anything that you purchase through the Mindsz Online Services is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
You agree we may moderate access and use to the Mindsz Online Services in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree not to bypass said moderation, and you agree that we are not liable for moderating, not moderating, or representations as to moderating, and further, you agree that nothing we say or do waives our right to moderate, or not.
15. Feedback and Submissions
Unfortunately, Mindsz is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the Mindsz Online Services, you expressly grant to Mindsz and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Mindsz and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
16. Geographical Scope of the Mindsz Online Services
Mindsz controls and operates the Mindsz Online Services from within the United States. Unless otherwise specified on any Mindsz Online Services, the Mindsz Online Services are intended to promote only those Mindsz products that are sold by Mindsz in the United States; Mindsz makes no representation that the materials in the Mindsz Online Services or the products described thereby are appropriate or available for use in other locations. If you access the Mindsz Online Services from outside the United States, be advised the Mindsz Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the Mindsz Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Mindsz Online Services.
17. Acceptable Use
Certain materials on the Mindsz Online Services describe items for sale by third parties. They do not constitute an offering for the sale of items by Mindsz our through the Mindsz Online Services. You may use the Mindsz Online Services solely for the purpose of learning about items for sale. Any purchase or sale of such items shall take place outside of the Mindsz Online Services and shall be subject your compliance with the various federal, state and local laws governing those transactions.
In addition, you agree to comply with the terms of the Mindsz Acceptable Use Policy posted on our website.
18. Governing Law
The documents relating to your use of the Mindsz Online Services, including these Terms, shall be governed by the laws of the State of New York. By using the Mindsz Online Services you agree to subject yourself to the exclusive jurisdiction of the Supreme Court of the State of New York, County of New York and/or the United States District Court for the Southern District of New York for the litigation of any claims arising out of or relating to the Mindsz Online Services that are not covered by the arbitration clause contained herein.
19. Entire Agreement
These Terms constitute the entire agreement between you and Mindsz with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
20. Waiver, Severability & Assignment
No delay or failure on the part of Mindsz to enforce any part of these Terms will constitute a waiver of any of Mindsz’ rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Mindsz nor the reliance of any person on Mindsz’ actions will be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Mindsz will have any legal effect whatsoever.
If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions, and the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
These Terms and the rights granted hereunder may be assigned by Mindsz but you may not assign them without the prior express written consent of Mindsz, and any such attempt will be void.
21. Dispute Resolution
YOU AND MINDSZ AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Mindsz and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Mindsz”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Richmond County, in the State of New York administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Mindsz will provide such notice by e-mail to your e-mail address on file with Mindsz and you must provide such notice by completing the form on the Mindsz website http://mindsz.com/contact with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mindsz will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Mindsz for all fees associated with the arbitration that Mindsz paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Mindsz and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Mindsz nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Mindsz Online Services by any authority.
23. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Mindsz Online Services is Mindsz, 352 Warren Ave, Portland, ME 04103.
To file a complaint regarding the Mindsz Online Services or to receive further information regarding use of the Mindsz Online Services, send a letter to the above address or contact Mindsz via the Contact form on the Mindsz website http://mindsz.com/contact (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
24. General Provisions
The headings and captions contained herein are for convenience only. These Listing Terms will inure to the benefit of and will be binding upon each party’s valid successors and assigns.
25. Contact Mindsz
If you have any questions regarding any of these Terms, you can contact us by using the Contact form on the Mindsz website http://mindsz.com/contact.
©2017. Mindsz name, design, logos and related marks are registered trademarks of Shelterzoom Corp. All rights reserved.