MAVYN END USER TERMS OF SERVICE
Last Updated: July 24, 2023
Welcome to Mavyn! You’re reading our Mavyn End User Terms of Service (“Terms”), an agreement between you and Mavyn Inc. (“MAVYN”), for your use of our services as an End User (as defined below), which are accessible via our website at www.mavyn.com (the “Site”) and mobile app (“App”). To make these Terms easier to read, the Site, App and services we provide are together called “Services”.
ARBITRATION NOTICE: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MAVYN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
You’ll notice that some words appear in quotes in these Terms. They’re called “defined terms,” and we use them so we don’t have to repeat the same language over and over again, and to make sure that the Terms are consistent. We’ve included the defined terms throughout to make the Terms easier for you to read.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
- Changes to the Terms or Services. We might change these Terms from time to time, but we’ll notify you when we make any changes. The changes become effective when the revised Terms are posted (check the date at the top of this page) unless we tell you otherwise. If you continue to use the Services after we’ve told you about any changes, that means that you have accepted the revised Terms. We’re always striving to make the Services better and because they are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion. For example, we might stop providing a feature that our users don’t like or use very often.
- How Our Services Work.
- (a) Direct-to-Expert Calls. Our Services enable users seeking advice or assistance (each an “End User”) to consult with an expert (an “Expert”). Experts may have expertise in a service category like auto-repairs or information technology support, or have experience in an industry like design or fashion. Some Experts are influencers or creators who may offer advice and guidance related to their areas of interest. Some Experts specialize in helping End Users to answer a question, evaluate a problem, or give advice and recommendations about repairs related to a third-party product or service (“Third-Party Product”). Each Expert has a profile page where you can read about that Expert’s experience and background, view the Expert’s availability, and submit a request to connect with the Expert through the App or by phone for a “Direct-to-Expert Call.” You may view the rate for a Direct-to-Expert Calls before making a request on that Expert’s profile.
- (b) Service Calls. Mavyn also has a network of pre-selected Experts who are designated via the Services to answer requests for assistance in a specific service category. End Users can make a request via our Services to be connected to an available Expert in a specific service category for a “Service Call”. For Services Calls, the End User does not choose the Expert to whom they are connected—you merely indicate the service category in which you require assistance and request to be connected with an Expert for help or input. We refer to Direct-to-Expert Calls and Services Call together as “Calls.”
- (c) Experts Do Not Perform Repairs. During a Call, an Expert may provide basic diagnostic advice or other information in a specified service category, including recommendations on how a certain problem may be fixed or otherwise addressed. The Expert will not perform repairs via the Call—no technical or physical repairs are delivered via the Services.
- (d) Ratings. At the end of a Call, you will have an opportunity to complete a satisfaction survey and rate the Expert. You can view an Expert’s ratings on that Expert’s profile. An Expert’s ratings are based solely on the reviews of End Users like you. Ratings are not an endorsement of, and do not reflect any opinion or evaluation of, Mavyn about an Expert.
- (e) Mavyn Is a Platform. Mavyn is a technology services and platform provider, and our Services are limited to facilitating connections between End Users and Experts. We do not participate in Calls or deliver any assistance, recommendations or other services provided by Experts. In addition, Experts are not Mavyn employees or agents. Mavyn is not responsible for (i) verifying or authenticating an Expert’s credentials, expertise, or background, or (ii) the quality, content, Expert advice, information provided by End Users, or any other conduct, act or omission of an Expert or End User in connection with the Services. You acknowledge that the Services are not designed, intended or authorized to facilitate the use of hazardous materials or engagement in hazardous activities (including without limitation those that could lead to death, personal injury or environmental damage). You will not use the Services to seek input or information for such purposes. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of an Expert will be against that Expert, and you agree not to attempt to impose liability on Mavyn, or seek any legal remedy from Mavyn with respect to such actions or omissions.
- Artificial Intelligence Content
- (a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Mavyn hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Mavyn may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
- (b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Mavyn or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
- (c) Use of Content to Improve Services. We may use Content that you provide to or receive from our Services to help develop and improve our Services.
- (d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
- (a) Eligibility. You may only use the Services if you are at least 18 years old and capable of forming a binding contract with Mavyn, and are not barred from using the Services under applicable law.
- (b) Registration and Your Information. You’ll have to create an account to use certain features of the Services (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
- (c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password or verification code to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feedback. We welcome your suggestions, comments or other feedback about the Services (“ Feedback ”). Feedback helps us to improve the Services to make them better and easier for you to use. You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
One-Time Payments and Subscriptions.
- (a) Payments. Mavyn requires payment of a fee to use some features of our Services. Some features like Direct-to-Expert Calls require a one-time payment (“One-Time Payment”), and others require purchasing a subscription (a “Subscription”). When you make a One-Time Payment, the fee you are charged may vary depending on the time of day, and the availability of Experts. We will inform you of the applicable fee before you make a One-Time Payment. When you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- (b) Canceling a One-Time Payment. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
Promotions and Referral Programs. Mavyn may, at its sole discretion, make available promotions or incentives related to the Services. These promotions may be subject to separate terms and conditions, and Mavyn may set or change the promotion or incentive types, amounts, terms, restrictions, and qualification requirements at Mavyn’s sole discretion. We may also provide you with or allow you to create a referral code or link (a “ Mavyn Code ”). Mavyn Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Mavyn Code. Mavyn reserves the right to deactivate or invalidate any Mavyn Code at any time in Mavyn’s discretion. Mavyn reserves the right to withhold or deduct credits or benefits obtained through a promotion if Mavyn determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms.
- (a) Notices. Any notices or other communications provided by Mavyn under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- (b) Communications Related to the Services. By using our Services, you agree to receive communications from us, including emails, text messages, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. You will receive calls and text messages at the phone number you provide via your Account. Standard phone call and text messaging charges will apply to text messages we send and calls you receive through the platform. (c) Calls Are Not Confidential. You acknowledge and agree that your Calls and any other communications with Experts via the Services are not confidential, and we encourage you to use good judgment when sharing information with an Expert. You will not provide any personal information about yourself or third parties, except your first name. You are solely responsible for any information you choose to share with other users.
Content Ownership, Responsibility and Removal.
- (a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that End Users provide to be made available through the Services. Content includes without limitation User Content.
- (b) Our Content Ownership. Mavyn does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Mavyn and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
- (c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Mavyn a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users.
- (d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mavyn on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- (e) Rights in Content Granted by Mavyn. Subject to your compliance with these Terms, Mavyn grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps.
- (a) Rights in App Granted by Mavyn. Subject to your compliance with these Terms, Mavyn grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Mavyn reserves all rights in and to the App not expressly granted to you under these Terms.
- (b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that: ● These Terms are concluded between you and Mavyn, and not with the App Provider, and Mavyn (not the App Provider), is solely responsible for the App.
● The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
● In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mavyn.
● The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
● In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Mavyn will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
● The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
● You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. ● You must also comply with all applicable third-party terms of service when using the App.
- General Prohibitions and Mavyn’s Enforcement Rights. We really want everyone to have a great experience and to feel safe when using the Services. Accordingly, you agree that you won’t do any of the following: ● Allow any other person to use your Account, or create more than one Account;
● Use the Services to make untruthful, misleading or inaccurate statements about a Third-Party Product, including without limitation, any problems you have with a Third-Party Product;
● Say or do anything that (i) infringes, misappropriates or violates any intellectual property rights, rights of privacy, rights of publicity or any other rights of others; (ii) may result in harm, injury or damage to a person or product; (iii) is defamatory, abusive, harmful, offensive or hateful; (iv) is obscene, pornographic, indecent or sexually explicit, or depicts graphic, excessive or gratuitous violence; (v) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (vi) promotes illegal or harmful activities or substances; or (vii) in Mavyn’s judgment, is objectionable or may expose Mavyn or End Users of the Services to harm or liability of any type;
● Infect the Services with viruses, corrupted data or other harmful, disruptive or destructive files or code;
● Record any call or conversation with an Expert;
● Use the Services in any way that could interfere with an End User’s enjoyment of the Services or that could impair the functioning of the Services;
● Intimidate, threaten, stalk, bully or otherwise harass End Users or Experts;
● Post spam or other unsolicited commercial messages through the Services;
● Use the Services for any commercial purpose, or for the benefit of any third party;
● Use, display, mirror or frame the Services or any individual element within the Services, Mavyn’s name any Mavyn trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mavyn’s written consent;
● Access, tamper with, or use non-public areas of the Services, Mavyn’s computer systems, or the technical delivery systems of Mavyn’s providers;
● Attempt to probe, scan or test the vulnerability of any Mavyn system or network or breach any security or authentication measures;
● Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, our End Users or Experts, or third parties;
● Manipulate, abuse, or engage in any way or form with other End Users or Experts for the purpose of generating fake Calls, fake ratings and reviews, or any similar activity;
● Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
● Collect, store, request or share any personal information about other End Users or Experts without their express permission;
● Share or disclose any information you are contractually or legally required to keep confidential;
● Impersonate, or misrepresent your affiliation with, any person or entity;
● Violate any applicable law or regulation; or ● Encourage or enable any other individual to do any of the foregoing.
You can report inappropriate behavior by an Expert by emailing us at [email protected]. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Mavyn Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy at https://www.mavyn.com/copyright for further information.
Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6, 10(c), 10(d), and 16-21.
- (a) Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- (b) No Liability for Expert or End User Interactions . We are not responsible for any damage or harm resulting from an Expert’s communications or interactions with End Users via Calls or otherwise. If you don’t like or disagree with the advice or recommendations provided by an Expert, don’t follow it. The Expert’s advice isn’t a substitute for any other specialized advice you may receive relating to your request and Mavyn isn’t responsible for any damage to, or replacement or repair of, any of your property resulting from you following an Expert’s advice or recommendations. Mavyn is not responsible or liable for the conduct of Experts, End Users or other users.
- Indemnification. You will indemnify and hold harmless Mavyn and its officers, directors, employees and agents from and against all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability.
- (a) MAVYN AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR ANY OTHER DAMAGES OR LOSSES, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, EXPERT SERVICES OR ANY ADVICE OR RECOMMENDATIONS PROVIDED BY EXPERTS, HOWEVER CAUSED AND IN WHATEVER FORMAT OR MEDIA (INCLUDING, WITHOUT LIMITATION, VIA CALLS), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) AND WHETHER OR NOT MAVYN OR ANY OTHER PARTY HAS 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- (b) IN NO EVENT WILL MAVYN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID TO MAVYN (IF ANY) IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF SUCH LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE HAD NO PAYMENT OBLIGATIONS TO MAVYN, AS APPLICABLE.
- (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAVYN AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Mavyn are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Mavyn each waive any objection to jurisdiction and venue in such courts.
- (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding . You and Mavyn agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Mavyn are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- (b) Exceptions and Opt-out. As limited exceptions to Section 20(a)20(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms.
- (c) Conducting Arbitration and Arbitration Rules . The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “ AAA Rules ”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org . If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- (d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- (e) Class Action Waiver. YOU AND MAVYN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- (f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 “Changes to Terms or Services” above, if Mavyn changes any of the terms of this Section 20 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Mavyn’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Mavyn in accordance with the terms of this Section 20 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- (g) Severability. With the exception of any of the provisions in Section 20(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- (a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mavyn and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mavyn and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Mavyn’s prior written consent. Mavyn may freely assign these Terms. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mavyn may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- (b) Waiver of Rights. Mavyn’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mavyn. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Mavyn at [email protected], or by mail at:
Mavyn, LLC 111 Congress Ave. STE 500 Austin, TX 78701