One People Productions LLC and Monique Rhodes OnlineTerms Of Service
Terms of Service
The MR Site and Services
1. The Site and the Services provide general education and information designed to assist users with improving their mindfulness, focus, and relaxation/well-being generally and to assist them to reach their personal development and life goals through coaching and coaching like methods and techniques (collectively, “The Personal Development Program”), by and through MR’s proprietary content, videos, courses, course materials, and educational materials.
2. The Personal Development Program is based on a cooperative relationship and is intended to be informational and educational, through the furnishing of encouragement, information, support and guidance, to help the user make its own decisions and undertake action to facilitate the user’s goals. You are fully and solely responsible for all information provided to MR, and all your decisions, actions or inactions resulting from or relating to The Personal Development Program experience. You acknowledge that The Personal Development Program is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate The Personal Development Program principles into those areas and implement choices is exclusively your responsibility. Accordingly, please understand that MR does not guarantee or warrant any particular outcome, result or success of The Personal Development Program, and expressly disclaims any such guarantee or warranty.
3. The Personal Development Program is not a substitute for medical, psychological, psychiatric, wellness, therapeutic or other diagnosis, care, counseling, advice, consulting or treatment, or for any medicine and does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. The Personal Development Program is not a substitute and is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal or medical professionals. You understand that although the Site and/or Services may provide you access to certain general medical information as well as the means to communicate with coaching or wellness professionals, the Site and/or Services do not and cannot themselves provide any medical advice. As a result, MR advises you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical issues. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Site and/or Services. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
4. The information provided through MR, the Site, and the Services is provided for educational, entertainment and general informational purposes only and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. It is strongly recommend to always seek the advice of a qualified and licensed physician or other qualified health provider in connection with any and all questions you may have regarding a medical condition, including information regarding which drugs or treatment may be appropriate for you.
5. MR is not a crisis center nor does MR, the Site, and the Services provide crisis services. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or others or if you feel that you or any other person may be in any danger call your local crisis center, dial 911, or go to the nearest emergency room. If you are having suicidal thoughts and live in the US you can also call the National Suicide Prevention Lifeline at 1-800-784-2433.
6. The information contained on or provided through the Site or the Services has been prepared by us without reference to any particular user’s medical, mental, or personal health situation, and does not constitute tailored or professional medical advice.
Payment, Refund and Cancellation Policy
1. Payment: MR accepts payment via the current payment method indicated prior to purchase, which may include PayPal and/or Stripe and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file in order to purchase the Services or participate in free trial offers or other free offers related to the Services. You agree to abide by any relevant Terms of Service or other legal agreement (including without limitation the PayPal Terms of Service), whether with MR, or a third party, that governs your use of a given payment processing method. Prices may change at any time, and MR does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for the Services you order. MR will charge your credit card or other form of payment for the price listed on the relevant offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that MR will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, MR reserves the right to immediately revoke your access to content you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, MR may cancel your subscription.
2. Taxes: If MR is required to collect or pay any taxes in connection with you, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
a) One-time Non-Live Presentation Courses. If you cancel your paid enrollment for a standalone course, MR will offer you a complete refund until thirty (30) days after payment, provided that you have viewed the entirety of the applicable course within that thirty (30) day timeframe (which MR reserves the right to confirm and determine whether or not the applicable course has been viewed in its entirety based on MR’s systems logs). Any refunds allowed will incur a 5% processing fee, which will be automatically deducted by us.
b) One-time Live Presentation Courses. We will offer a refund only if a refund is requested at least forty-eight (48) hours before the commencement of any such live presentation course and there will be no refunds for any live presentation course that has already commenced or has been completed.
Any refunds allowed will incur a 5% processing fee, which will be automatically deducted by us.
c) Happiness Baseline Refunds.
The Happiness Baseline Accountability Deposit Refund
Specifically for the Happiness Baseline program we offer a conditional money back satisfaction guarantee, “The Happiness Baseline Accountability Deposit Refund.” To qualify for the refund you have to complete The Happiness Baseline program within ten weeks (10) weeks of registering for the course.
Completion of the Happiness Baseline program means you have:
- Watched all videos comprising the program;
- Listened to all of the audio materials comprising the program; and
- Completed all of the daily and other program exercises and assessments on a daily basis.
Please make sure you have fulfilled all of the above conditions and obligations before you submit your refund request. The purpose of this course is to create new habits. And it is vital that you practice those habits daily. We want you to succeed at the course and get the results and this is reliant on you consistently doing the exercises.
Please note that we are able to verify via our system logs what has been completed and when and MR has logs of all task and assessment completion including full dates and timestamps. Please also note that if we determine in our reasonable discretion that you have artificially attempted to complete tasks and assessments that are supposed to be completed over the span of several days in one or more days, you will not be eligible for the refund.
If you believe you qualify for the refund and have satisfied the above obligations and conditions, please complete the following steps:
STEP 1. Fully complete and submit the refund request form available at this link no later than by midnight Pacific Standard Time (12AM PST) within (10) weeks of registering for the course on the date you were registered for the course.
(IMPORTANT NOTE: MR will NOT grant refunds to any late refund requests and will only grant refunds to customers who properly and timely submit the refund request form. Merely contacting MR customer support shall not be deemed nor treated as a properly submitted refund request).
STEP 2. After we receive your refund request, we will proceed with the refund eligibility verification process within five (5) to seven (7) days. If we have questions or need additional verification, we will contact you by email to the email address associated with your account
STEP 3. Once your eligibility is verified and confirmed you will receive a confirmation email to the email address associated with your account, and your refund will be processed within three (3) business days from the date of the confirmation email.
(IMPORTANT NOTE: Once we process your refund, you will no longer have any access to The Happiness Baseline.)
Pay What You Want Option
On completion of the program, if you find The Happiness Baseline beneficial on some level and wish to support MR’s work and mission you may on your accord email MR to request a reduction in the refund amount by any amount you wish.
Any refunds allowed will incur a 5% processing fee, which will be automatically deducted by us.
d) Month-to-Month Subscription Cancellations:
a) MR does not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial promotion, you must cancel your subscription before your free trial ends. Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by MR. You must cancel your subscription before your monthly renewal date to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will continue to have access to your subscription for the remainder of that period, but you will not receive a refund.
Any refunds allowed will incur a 5% processing fee, which will be automatically deducted by us.
e) The Power House
It is your responsibility to read and understand this cancellation and refund policy. Moreover, please note that because our Power House classes are limited to a small number of participants, our cancellation policy is in place to help participants and us alike to have mutually set expectations and understandings to create a more personable, intimate experience.
- Any and all CANCELLATION requests must be received by us on or before twenty one (21) days before the commencement date of The Power House. You may cancel by sending an email with a clear statement of cancellation to the following email address: email@example.com
- The time of cancellation will be the date upon which we receive notice from you. Leaving The Power House, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of this course.
- If possible, we will attempt to (but cannot and do not guarantee that we will) find another person to take over and assume your place, and solely in upon such full assumption and taking over, we will refund to you any fees you have paid in advance.
- There are NO exceptions to the cancellation and refund above policy for any reason, including injury/illness, or personal emergencies. Furthermore, there are absolutely NO refunds or credits for failure to attend or failure to complete The Power House.
The Agreement between MR and You
You are responsible for reviewing changes to this Agreement
1. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
2. This Agreement applies to all users of the Site and the Services.
3. MR may make changes to this Agreement from time to time without specifically notifying you.
4. MR will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
5. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
6. Some services offered through the Site and the Services may be subject to additional terms and conditions specified by MR from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
7. In addition, the Services may or will be accessible via a mobile phone, Apple or Android watch, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
MR may edit or modify anything on the Site or Services without notice
MR is committed to delivering a positive user experience and you understand that MR reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
1. If MR provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site and Services, MR shall not bear any responsibility or liability for your decision.
Consent to Electronic Communications
You consent to receive communications from MR electronically, and you agree that all agreements, notices, disclosures and other communications that MR provides to you electronically, via email, or on the Services, satisfy any legal requirement that such communications or agreements be in writing.
What Laws and Rules You Are Responsible For Following
1. You must be eighteen (18) or older to use the MR Site or Services. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to the Site or the Services by anyone under eighteen (18) is unauthorized.
2. The Site and the Services are not intended for use by children, especially those under age thirteen (13).
3. You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are eighteen (18) or older and that you agree to and abide by all of the terms and conditions of this Agreement.
4. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
5. You are responsible for all of your activity in connection with the Site and the Services.
6. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
7. MR may provide you a username and password. You understand that you are entirely responsible for maintaining the confidentiality of your username and password and any other security information related to your account.
8. You understand that you will be fully responsible for all activities that occur under your account, username and/or password.
9. You agree not to allow someone who is not you to use your account, username or password at any time.
10. You agree to immediately notify Company of any unauthorized use of your username or your password.
11. We strongly encourage you to change your password at least once a month and you understand that MR will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
1. You understand MR may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that MR reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
MR may terminate your use of the Site and/or Services without reason or notice to you
While MR respects its users, you agree that MR may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
You agree to comply with MR’s conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by MR;
2. You will not take any action that imposes or may impose (as determined by MR in its sole discretion) an unreasonable or disproportionately large load on MR’s (or its third party providers’) infrastructure;
3. You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
4. You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
5. You will not bypass any measures MR may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
6. You will not run any form of auto-responder or “spam” on the Site and Services;
7. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
8. You will not harvest or scrape any content or materials from the Site and Services;
9. You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
10. You will not threaten, intimidate or harass another user;
11. You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
12. You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
13. You will not upload, post, transmit, share, store or otherwise make available any content other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
14. You will not knowingly transmit false or misleading information through the Site or the Services;
15. You will not use the Site and Services in any manner or transmit any content and/or materials that: infringes (or results in the infringement of) MR’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause MR to be in violation of any law or regulation, or to infringe any right of any third party;
16. You will not publish falsehoods or misrepresentations that may damage MR or any third party;
17. You will not transmit any content and/or materials and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate;
18. You will not use the Site and Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose;
19. You will not otherwise take any action in violation of MR’s guidelines and policies.
MR is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise
1. MR or its business partners may present advertisements or promotional materials via the Services.
2. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
3. You agree that MR is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
4. You understand the Site and the Services may contain (or you may receive from MR, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content (“Third Party Content”).
5. You understand and agree that MR is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that MR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
6. You acknowledge and agree that MR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content
1. The content, organization, graphics, video, images, design, compilation, translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of MR or may be, to a certain extent, the property of its content suppliers, and are protected under applicable copyright law, trademark law and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
1. You agree that Monique Rhodes, The Happiness Baseline, The 10 Minute Mind, The Flying Start, How To Create A Life You Love, How To Become Friends With Yourself, The Power House, The Spotlight Sessions, moniquerhodes.com, the10minutemind.com, thehappinessbaseline.com and other MR graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MR or its affiliates (“Trademark Content”).
2. MR trademarks and trade dress may not be used in connection with any product or service that is not MR’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MR.
3. All other trademarks not owned by MR or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MR or its affiliates.
You may use the MR Site and Services for limited, noncommercial purposes
1. MR grants you a limited license to access and make personal use of the Site and the Services.
2. MR does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand MR does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4. You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of MR and our affiliates without express written consent.
6. You may not use any meta tags or any other “hidden text” utilizing MR’s name or trademarks without the express written consent of MR. Any unauthorized use terminates the permission or license granted by MR.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of MR so long as the link does not portray MR, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any MR logo or other proprietary graphic or trademark as part of the link without express written permission.
MR’s liability is limited
1. MR is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, MR, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
2. MR is not responsible for the conduct, whether online or offline, of any user of the Site or the Services.
3. MR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications.
4. MR is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
5. Neither MR nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services, whether online or offline.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL MR OR ITS DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
MR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50.00 USD. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify MR
You agree to indemnify, defend, and hold harmless MR, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, managers, members, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that law of the State of California applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the state of California USA, without regard to its conflict of law provisions. Further, you and MR agree to the jurisdiction of the state and federal courts located in the state of California USA to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration below.
Your general representation and warranty
2. You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
1. You and MR agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, 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 pursuant to compulsory arbitration in Los Angeles, California USA, in accordance with the rules of the American Arbitration Association by arbitrators appointed in accordance with such rules.
3. You agree any arbitration shall take place in Los Angeles, California USA 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. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
4. 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.
5. 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.
6. MR may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.