Updated: February 23, 2012These Terms of Use describe the terms and conditions (the "Terms") applicable to your use of the services of mosaicHUB, Inc. ("mosaicHUB" or "We"), available at www.mosaichub.com (the "Site"). By using the Site, you signify your acceptance of these Terms, which form a contract between you and mosaicHUB (the “Agreement”). We reserve the right to alter, amend or change these Terms at any time and from time to time without notice. All modified terms and conditions will take effect immediately upon posting to the Site. We encourage you to review this page periodically because any changes will be binding on you immediately upon posting. This Agreement may not be modified, amended, and/or changed by you in any manner; however, you may choose to terminate your membership at any time. 1. Eligibility; Membership. To use the Site, you must be at least 18 years of age, be able to form legally binding contracts under applicable law and comply with the terms of this Agreement. We reserve the right to suspend or terminate your eligibility if you fail to meet the eligibility terms. Membership in mosaicHUB is void where prohibited. Your mosaicHUB membership may not be transferred or sold to anyone else. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. Partners who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining mosaicHUB, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement; (iii) safeguard your email and password; and (iv) be responsible for all activity of your membership account. In addition, in the event you contact mosaicHUB via telephone, you understand, acknowledge and agree that such phone questions may be recorded. 2. Neutral Venue. mosaicHUB is not a business product or service provider or an agent representative. mosaicHUB members ("Members") include entrepreneurs and business people and mosaicHUB partners (“Partners,” together with Members, “Community Members”) include individuals, companies and other third parties offering products and services related to launching, running and growing businesses ("Partners"). We and the Site function solely as a neutral venue and digital clearinghouse where Members and Partners may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members and Partners. As a result, We have no control over the quality, accuracy, safety or legality of the transactions that take place on our Site, the accuracy of listings, or the ability of Partners to provide items or services and we are not responsible for the actions or inactions of Members or Partners. Members: You acknowledge the following: mosaicHUB does not provide any of the products or services advertised or offered by Partners. We do not endorse any Partner, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Site are not provided by us and are specifically and solely between you and the Partner. Any transaction you enter into with a Partner is strictly between you and the Partner, and mosaicHUB is not a party to that transaction. Any dispute you have with a Partner is between you and the Partner. mosaicHUB cannot and will not guarantee any service provider's identity; nor can we guarantee their capabilities. In addition, We cannot guarantee that information provided by or about Partners on the Site is accurate. You should use mosaicHUB as a starting point for identifying service providers to provide the products and services you need for your business, then conduct your own research to ensure that service providers you choose to do business with are appropriate for you. Partners: You acknowledge the following: mosaicHUB will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members; nor are We responsible for assisting you in providing goods and services to Members. While all Members are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Member is strictly between you and the Member, and mosaicHUB is not a party to that transaction. Any dispute you have with a Member is between you and the Member, and We will not be a party to that dispute. 3. Prohibited Activities. Visitors to and Community Members of the Site may not:
4. Additional Terms and Conditions. You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for your use of the Site at various places throughout the Site. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the Terms set forth herein shall govern. 5. Fees. There are currently NO Fees to join mosaicHUB. Optional fee-based services are available but participation is NOT mandatory. See below for details. Members: There are currently NO Fee-based services available. mosaicHUB reserves the right to release future fee-based functionality/services, which may include services provided by third parties. Partners: Partners with valid Partner Accounts may opt into optional fee-based services. Partners who participate in this optional fee-based service will pay a monthly or annual fee. Payments for fee-based services are NOT refundable. In the event you believe thon mosaicHUB has charged you in error, you must contact Customer Service at support@mosaichub.com within 90 days after such charge. No refunds will be given for any charges that are more than 90 days old. 6. Authorization to Credit and Debit Accounts. If Applicable, based on the various optional fee-based programs, You irrevocably and expressly authorize mosaicHUB to debit or credit, as applicable, any monies to the account that you have identified for mosaicHUB. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Site. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize mosaicHUB to withhold any monies and/or debit any monies from any account that you have identified to mosaicHUB for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to mosaicHUB. We reserve our rights to all actions and remedies in connection with any monies owed to mosaicHUB. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section. 7. Unpaid Fees. If, for any reason, any fees you owe mosaicHUB have not been received or in any manner realized by mosaicHUB ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, mosaicHUB may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Partners will first be applied to the most recent fees owed to mosaicHUB, including interest. mosaicHUB reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. 8. Intellectual Property and Copyright. The Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Site does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, duplicate, copy, lease, rent, loan, reverse engineer, modify, display, sell, distribute or create derivative works based on the Intellectual Property Content, in whole or in part, including but not limited to Submitted Information (as defined below) contributed by you or any other Community Member, or use our Intellectual Property Content in any other way for public or commercial purposes. You agree that you will not copy, adapt, emulate or create derivative works of any function, functionality, feature, web page, graphic, user interface, or any other component of the Site. The Site contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us, including but not limited to mosaicHUB and the mosaicHUB logo. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks. You may not use the Site to post, distribute or reproduce in any way any copyrighted material, trademark or other proprietary information without having first obtained the prior written consent of the owner of such materials. It is mosaicHUB's policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below: 1) The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic; 2) A statement that this person is authorized to act on behalf of the copyright owner; 3) A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law; 4) A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and 4) Your address, telephone number, and e-mail address. Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: privacy@mosaichub.com or mail to: mosaicHUB, Inc. Attn: Legal Department, 16 Ship Ave. #4, Medford, MA 02155. We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material. 9. Disputes Among Members; Release. You are solely responsible for your interactions with other Community Members, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Community Members. You agree to release mosaicHUB, its officers, directors, agents, consultants and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any other Community Members. If you are a California resident, you waive California Civil Code Section 1542, which states: "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." 10. Information You Submit. Joining the mosaicHUB community required you to provide certain information about yourself (any information submitted to the Site through any of these means, "Submitted Information”). This information includes, but is not limited to, your name, email address, a business description and your industry/area of expertise. The Site offers the opportunity for Community Members to share information with other Community Members through message boards as part of the Answers (the "Answers"), Partner advertisements and listings, intra-site emails and other means. By using these functions, you agree to abide by the terms of this Agreement. mosaicHUB reserves to itself the right but does not have the obligation to monitor posts made to the Answers and other Submitted Information. Community Members are solely responsible for the content of their Submitted Information. Our use of the Submitted Information is subject to our Privacy Policy. You agree to provide true, accurate, complete and current information. Although we assume no independent obligation to verify such information, if you provide any information that we suspect or know to be untrue, inaccurate, incomplete or outdated, we have the right to suspend or terminate your account or take any other action that We deem necessary or appropriate to protect the integrity of mosaicHUB and the Site. Our Site acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of Community Members. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information before acting upon it. mosaicHUB is not responsible for any losses you may incur as a result of relying on Submitted Information, even if We were advised of the possibility of such losses. By posting Submitted Information to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to mosaicHUB an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Information for any purpose and in any format on or in connection with the Site, the mosaicHUB business, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submitted Information, and to grant and authorize sublicenses of the foregoing. You may remove your Submitted Information from the Site at any time; however you acknowledge thon mosaicHUB may retain archived copies of your Submitted Information and may continue to use your Submitted Information in connection with any materials that were created prior to your removal of your Submitted Information, in accordance with the license described above. Furthermore, by posting Submitted Information, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Site; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. You agree that your Submitted Information:
You further agree not to impersonate another Community Member or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, including but not limited to Submitted Information you post to the Site that is in violation of this Agreement or is otherwise inappropriate, as determined in mosaicHUB's sole discretion. In addition, we reserve the right to terminate Members who violate these rules. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information. 10. Rating and Review Disputes. If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. You acknowledge that your Rating and Review consists of comments left by other Members and a composite feedback number compiled by mosaicHUB. Members may only leave one feedback, whether positive, neutral, or negative, for any Partner, regardless of the number of transactions the relevant Members complete with a Partner. Members may not attempt to gain additional goods or services or a more favorable rate by offering Partners a positive review or threatening a negative review. In order to protect the integrity of the Rating and Review system and protect Partners from abuse, mosaicHUB will consider removing a Rating and Review under the following scenarios:
11. Filing a Ratings and Review Dispute. Members can contact support@mosaichub.com to file a dispute request. In addition, Members in receipt of a rating and review will have the opportunity to respond to the rating publicly within the mosaicHUB market place. 12. Fraud. mosaicHUB may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System. 13. Manipulating Ratings and Reviews. You acknowledge and agree that the Site is a neutral venue and that all transactions for services are made by and between you and other Community Members only and, therefore, We cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the Site is the ability of Members to leave Rating and Review about you and/or your services (whether positive, neutral or negative) and for other Members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the Site, you shall NOT:
14. Materials are for Informational Purposes Only. The Site contains many articles, checklists, forms and other information and resources (collectively, “Materials”) that provide advice and guidance for businesses. These Materials are posted by Partners and not by mosaicHUB. mosaicHUB is not responsible for the accuracy, completeness, suitability or effectiveness of any of these Materials. The Materials available at the Site are for informational purposes only and not for the purpose of providing legal, tax, accounting or similar advice. You should contact your attorney, tax advisor, accountant or other professional advisor to obtain advice with respect to any particular issue or problem. Use of and access to this Site or any of the e-mail links contained within the Site do not create an attorney-client relationship between mosaicHUB and the user or browser. The opinions expressed at or through this Site are the opinions of the individual author. 15. Privacy. Please see our Privacy Policy to learn about how we treat information We gather from you. Please be aware that Community Members, including Partners, are not bound by our Privacy Policy except as specified therein. Therefore, you should carefully safeguard your personal information and check with Partners to see how they treat information they gather from you. 16. No Agency. You hereby agree and acknowledge that your provision of services and/or your use of the Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate mosaicHUB in any manner whatsoever. 17. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the Site at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Community Member. 18. Petition for Reinstatement. Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final. 19. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief. 20. Record Keeping/Audit. We reserve the right to keep all records of any and all communications between you and other Community Members for administration purposes. 21. Submissions. We always want to receive messages and feedback from Community Members and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to mosaicHUB (collectively, "Submissions") are non-confidential, shall become the sole property of mosaicHUB, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to mosaicHUB, you hereby grant and agree to grant to mosaicHUB all rights needed for mosaicHUB to incorporate and commercialize the Submissions at no charge or encumbrance to mosaicHUB and you agree thon mosaicHUB may disclose the Submissions to any third party in any manner and you agree thon mosaicHUB has the ability to sublicense all Submissions in any form to any third party without restriction. mosaicHUB shall own all rights therein, including all intellectual property rights. mosaicHUB shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you. 22. Remedies. Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your membership, notifying our Members of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation and injunctive relief. 23. No Warranty. mosaicHUB, OUR EMPLOYEES, CONSULTANTS, AGENTS AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. mosaicHUB FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. mosaicHUB DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. mosaicHUB DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED. 24. Limited Liability. IN NO EVENT SHALL mosaicHUB, OUR EMPLOYEES, CONSULTANTS, AGENTS OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES, CONSULTANTS, ADVISORS, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 25. Indemnity. You agree to indemnify and hold us and our affiliates, officers, directors, agents, consultants and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party. 26. Links to Other Sites. This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Community Members. mosaicHUB is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not the responsibility of mosaicHUB. Because mosaicHUB is not responsible for the availability or accuracy of these outside resources or their content, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours. 27. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items. 28. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and mosaicHUB or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Massachusetts. 29. Arbitration. Disputes between you and mosaicHUB regarding the Site and our services should be reported to support@mosaichub.com. We will attempt to resolve any disputes you have with us. Because We are a neutral venue We are not responsible for resolving any disputes between you and Community Members regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through mosaicHUB, this Agreement, or to any acts or omissions for which you may contend mosaicHUB is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in Boston, Massachusetts. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Community Member shall select an arbitrator from a panel of arbitrators acceptable to mosaicHUB. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party; provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Boston, Massachusetts. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND mosaicHUB WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using mosaicHUB's goods and services or the Site, you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and mosaicHUB, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Boston, Massachusetts. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees. 30. Security. mosaicHUB uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control. 31. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by mosaicHUB to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of mosaicHUB, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. |
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