TERMS OF SERVICE
June 6, 2016
Thank you for visiting letsmend.com (“Mend”), a property of Mend Tech, Inc. (the “Company”, “We”, “Our” and “Us”). The terms and conditions below (the “Terms”) outline your legal rights and responsibilities when you visit Mend and any related applications whether existing now or in the future (collectively, the “Properties”).
When you access the Properties, download and post any content from or on the Properties, interact with any users or third parties, you indicate that you have read the Terms and agree to be bound by the Terms, whether or not you have registered with the Properties. If you do not agree to the Terms, you may not access any of the Properties. These Terms are the complete agreement between you and us, regarding your use of the Properties. We may change the Terms by posting revised Terms on this page; such changes will be effective upon posting. Please carefully read the entire Terms.
A. USE OF OUR PROPERTIES
You agree to use the Properties only in compliance with these Terms and any applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own personal use. You must be at least eighteen (18) years of age and a resident of the United States of America to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
B. YOUR ACCOUNT
1. Account Creation
When you create an account, you agree to only provide true, accurate and correct information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.
2. Cancellation or Suspension
We may cancel or suspend your access to your account, or the Properties generally, in our sole discretion, with or without prior notice, for any or no reason, and with no liability to you or any third party.
C. TERMINATION OF SERVICE
We have the absolute right to offer, manage, regulate, modify, discontinue, and/or eliminate the Properties, or any portion thereof, at any time with or without notice and without any liability to you or any third party.
D. OWNERSHIP OF CONTENT
1. Your Content
You own all content you submit through the Properties, including but not limited to profile information, text, images, videos, comments, reviews, and any other materials (“Your Content”). By submitting Your Content, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future, without any further compensation. You also irrevocably grant the users of the Properties and any third parties who obtained Your Content from us (“Third Party Properties”) the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, share, distribute, modify, translate, adapt, re-edit, compile, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties, and our and their users.
You are responsible for Your Content. You assume all risks and consequences associated with submitting Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you or any third party personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
• You are the sole author of Your Content, and Your Content is not copied from or based on, in whole or in part, any other work or website; and
• Use of Your Content by us and/or by the Third Party Properties will not violate or infringe any right of yours or any other third party, including but not limited to any copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights.
• You have a written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every identifiable person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms.
You agree that any of Your Content submitted to us will not:
• Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful, or racially, ethnically otherwise objectionable;
• Contain material that violates the standards of good taste or the standards of the Properties;
• Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
• Contain material that is illegal, or that violates any federal, state or local law or regulation;
• Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
• Disguise or attempt to disguise the origin of Your Content
• Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest;
• Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
• Assert or imply that Your Content is in any way sponsored or endorsed by us; or
• Contain material that is not in English; each as determined in our sole discretion.
You agree not to republish Your Content anywhere in any medium, whether existing now or in the future, unless (a) we decline to publish Your Content and have provided written notice of the rejection; or (b) we have provided you with written authorization to republish.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the Terms. We are not obligated to return any of Your Content to you under any circumstances.
2. Our Content
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, any text, images, audio, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reports and other usage-related data in connection with your use of the Properties, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). Some of Our Content may be provided by third party contributors. As between the Company and you, we own all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted by you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
3. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you must follow the procedure outlined below to file a notification as required by the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
• Identify in writing the copyrighted material that you claim has been infringed upon;
• Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
• Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”;
• Include the following statement: “I swear under the penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”;
• Provide your contact information including your address, telephone number, and email address (if available);
• Provide your physical or electronic signature; and
• Send the written communication to:
578 Washington Blvd #1114
Marina del Rey, CA 90292
E. RESTRICTIONS ON USE
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
• Use the Properties for illegal or unauthorized uses;
• Register for more than one Mend account or register a Mend account on behalf of an individual other than yourself;
• Impersonate any person or entity;
• ‘Stalk’ or harass other users or persons;
• Contact another user for any purpose;
• Harm minors in any way;
• Falsely state or misrepresent your affiliation with another person or entity;
• Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
• Access or use the account of another user without permission;
• Solicit, spam or otherwise advertise to users and/or businesses using Our Content or the Properties;
• Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other messages for any purposes;
• Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
• ‘Hack’ or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
• Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting or non-disclosure agreement);
• Violate any applicable law, rule, or regulation;
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Properties;
• Remove, circumvent, disable, damage, or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
• Modify, copy, distribute, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content or any third party content available on or through the Properties; each as determined in our sole discretion.
F. NO ENDORSEMENT
We do not endorse the content, conduct and/or services of any users or third parties. Including, without limitation, third party coaches (the “Coach”), offered on or through the Properties. Although the Terms do require users and third parties to provide accurate information, we do not verify the accuracy of this information, nor do we confirm the identity of any users or third parties. We do not screen or investigate users or third parties before or after they are included on our Properties. You are solely responsible for determining the identity and suitability of the users and/or third parties. We reserve the right, in our sole discretion, and without any obligation to make improvements to, or correct any error or omissions in any portion of the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but will not be liable for any delay or inaccuracies related to such updates.
Furthermore, some of the content available through the Properties may include materials that were created by and/or belong to other users or third parties. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, service, advertisement, and other content appearing in or linked to from the Properties.
The content, conduct and/or services of users and/or third parties available on or through the Properties do not reflect our views or that of our parent, subsidiary, affiliated companies, investors, partners, employees, officers, directors, or shareholders. In addition, none of the content or material available through the Properties are endorsed or certified by the providers or licensors of such content. We assume no responsibility or liability for any of Your Content, or other user or third party content, conduct or services offered through our Properties. We do not recommend or endorse any specific tests, products, procedures, services, opinions, or other information that may be provided on or through the Properties or provided by another user or third party. Third parties, such as Coaches, are not employees or agents of the Company, and we do not assume any responsibility for any of their acts or omissions. We encourage you to evaluate and verify the identity, experience and credentials of a Coach that you wish to connect with and engage the services of. Furthermore, we encourage you to determine for yourself whether the service you are engaging is suitable for you. Reliance on any information conduct, and/or services provided on or through the Properties, our employees, Coaches, third parties or others appearing on the Properties is solely at your own risk.
Without limiting the generality of the foregoing, Mend is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counseling, or mental health services. Always seek the advice of your qualified health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of information found on or through the Properties. Please call 911 immediately if you believe that you or someone you know will harm themselves. Additional support can be found at the National Suicide Prevention Lifeline (1800-273-8255) and the National Domestic Violence Hotline (1800-799-7233).
Users who submit comments, questions and/or answers on or through the Properties acknowledge that their comments, questions and/or answers may, at our sole and exclusive discretion, be published on the Properties, and/or other third party sites, and therefore made public. By submitting comments, questions and/or answers, users give their consent for their publication. Users understand that it is their responsibility to exclude any identifying information from their submission, even though we will make every effort to remove identifying information. Users who submit questions understand that not all submissions will be responded to and, those that are, generally take one to two weeks to publish.
G. PAYMENTS AND FEES
Our Properties include a number of products and services that you may choose to purchase. These are provided to you by the Company and/ or third parties. All sales are final and all payments are non-refundable.
H. PRIVACY AND SECURITY
We make efforts to maintain the security of our Properties. However, we do not guarantee the security of the Properties, our records, your submissions, your transactions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
I. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. Disclaimer of Warranties
IF YOU CHOOSE TO USE THE PROPERTIES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER OR THIRD PARTY, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION AND/OR SERVICES CONTAINED ON OR THROUGH THE PROPERTIES. THE INFORMATION AND/OR SERVICES ON THE PROPERTIES MAY CONTAIN INACCURACIES, ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES, AND ANY AND ALL CONTENT FOUND ON OR THROUGH THE PROPERTIES, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PROPERTIES AND ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
YOU ARE SOLELY RESPONSIBLE AND ASSUME THE ENTIRE RISK FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR THIRD PARTIES OF THE PROPERTIES, INCLUDING COACHES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT, OR WHOSE SERVICES YOU ENGAGE WITH AS A RESULT OF YOUR USE OF THE PROPERTIES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS, OPINIONS, QUALIFICATIONS, ADVICE OR OTHER INFORMATION AND/OR MATERIALS OF USERS OR THIRD PARTIES OF THE PROPERTIES OR TO REVIEW, INSPECT OR SCREEN ANY USERS OR THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THIRD PARTIES OF THE PROPERTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR THIRD PARTIES OF THE PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR THIRD PARTIES OF THE PROPERTIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE AND INTERACT WITH AS A RESULT OF YOUR USE OF THE PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY AND ALL ACTS OR OMISSIONS OF ANY USER OR THIRD PARTY.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
2. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROPERTIES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROPERTIES AND THE SERVICES CONTAINED THEREIN WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PROPERTIES, FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS, OR MEETINGS WITH OTHER USERS OR THIRD PARTIES OF THE PROPERTIES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), MALPRACTICE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OR INABILITY TO USE THE PROPERTIES INCLUDING, AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OR THIRD PARTIES, EXCEED ONE HUNDRED DOLLARS ($100), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
J. REPORTING MISCONDUCT
If any user or third party is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to the Company us by contacting us with your police station and report number at email@example.com provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you or any other third party.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, investors, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your use of the Properties, (iii) interaction, engagement or meeting with any user or third party; and/or (iv) your breach of these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you will provide us with such cooperation as is reasonably requested by us.
2. Data Fees
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
4. Governing Law / Dispute Resolution
These Terms are governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Los Angeles County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.