1. MüvzU is a Neutral Venue. MüvzU is an online community and marketplace that connects homeowners to professional service providers. MüvzU is not a service provider, vendor or an agent representative. MüvzU members (“Members”) include homeowners (“Homeowner Members”) and companies and other third parties offering professional services (“Vendor Members”). We and the Site function solely as a neutral venue and digital clearinghouse where Homeowner Members and Vendor Members may connect for a service or product. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Site, the accuracy of listings, the ability of Vendor Members to provide items or perform services, the ability of Homeowner Members to pay for any goods and services, and we make no representations or warranties and are not liable or responsible for the actions or inactions of any Members.
1.1. Registered and Unregistered Homeowner Members: You acknowledge the following: MüvzU does not provide any of the products or services advertised or offered by Vendor Members. Although certain Vendor Members pay to receive premium placement on our Site, We do not endorse any Vendor Member, 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 MüvzU venue are not provided by us and are specifically and solely between you and the Vendor Member. Any transaction you enter into with a Vendor Member is strictly between you and the Vendor Member, and MüvzU is not a party to that transaction. Any dispute you have with a Vendor Member is between you and the Vendor Member, and We will not be a party to that dispute, except regarding your use of the Site, as discussed in Section 22 and Section 23.
We use techniques to help verify the identity of Vendor Members when they register for memberships on our Site; however, MüvzU cannot and will not guarantee each service provider's identity; capabilities, or that it has obtained all required permits, licenses or consents or that it complies with all applicable laws. In addition, We cannot guarantee that information provided by or about Vendor Members on the Site is accurate. Although We have implemented a review and rating system to help you evaluate Vendor Members with whom you are considering transacting business, you should use MüvzU as a starting point for identifying vendors to provide the products and services you need, then conduct your own research to ensure that Vendor Members you choose to do business with are appropriate for you.
1.2. Vendor Members: You acknowledge the following: Although you may pay for premium placement on our Site, MüvzU will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Homeowner Members; nor are We responsible for assisting you in providing goods and services to Homeowner Members. While all Homeowner Members are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of Homeowner Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Homeowner Member is strictly between you and the Homeowner Member, and MüvzU is not a party to that transaction. You are responsible for obtaining all permits, licenses and consents necessary to deliver your goods or services and complying with all applicable laws. Any dispute you have with a Homeowner Member is between you and the Homeowner Member, and We will not be a party to that dispute. Registered Vendor Members must list the true and correct name of their business on the Site and if there is a change to that business name, the Vendor Member must promptly update MüvzU and may need to provide additional documentation for proof of name change. After MüvzU and the Vendor Member have terminated their relationship, MüvzU shall be entitled to retain all reviews associated with a Vendor Member on the Site as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.
2. Membership. Membership to MüvzU is available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended Members. Membership in MüvzU is void where prohibited. Your MüvzU membership may not be transferred or sold to another party, without our prior written consent, which may be withheld for any reason or no no reason. By joining MüvzU as a Vendor Member or registered Homeowner Member, 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 username and password; and (iv) be responsible for all activity of your membership account.
2.1 Vendor Membership. If you are registering as a business entity Vendor Member, you represent that you have the authority to bind the entity to this Agreement. Vendor Members who engage in the sale of goods and services must have a valid business operations license, as applicable. If you are agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” refer to that company or other entity. As a registered Vendor Member, you have the ability to create your business profile, upload business information, and post coupons, photos, and your business logo onto your business profile.
2.2 Homeowner Membership. If you are registering as an individual Homeowner Member, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. As a registered Homeowner Member, you have the ability to create your personal profile, save Vendor Member information, post photos, and place reviews and ratings of Vendor Members of whom you have contracted with.
2.3 Unregistered Member. If you choose to not register as a Homeowner Member or Vendor Member, you will not be permitted use or access areas of the Site reserved for registered Members. However, as an unregistered Member, this Agreement and all applicable provisions related to your use of this Site will have the same force and effect as if you are a registered Member. As such, by using this Site as an unregistered Member, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are able to enter into a legally binding contract; (iii) you accept and agree to the Terms applicable to your use of the Site; and (iv) you will abide by all of the Terms of this Agreement.
2.4 Right to Remove Membership. We reserve the absolute right to deactivate your account and permanently revoke your membership at any time and for any reason or for no reason and without notice to you. Actions that may result in the removal of your membership may include: (i) any violation of the Terms of this Agreement; (ii) your creation, maintenance or management of more than one account; (iii) your non-payment in full any Unpaid Fees; (iv) any attempt by you to improperly influence, or cause another to improperly influence our review and rating system; (v) your unethical conduct, to be determined at our sole discretion; (vi) or any attempt by you to harass or have inappropriate communications with a Member.
2.5 Right to Contest Removal. Upon your removal from the Site, you may contest such removal and petition for reinstatement. Your petition for reinstatement must include a written statement as to why you should be reinstated and 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. We are not obligated to give you any reason or basis as to our decision.
2.6 Claiming your Business. Your business may be listed on our Site as unclaimed. As a business owner, you have the option to claim your business by registering as a Vendor Member. By claiming your business, you represent and warrant that you have the authority to bind the business and act on its behalf. Any false business claims will be pursued to the fullest extent permitted by law, which may include, but is not limited to full cooperation with governmental authorities investigating criminal charges and pursuing indictments.
3. Fees for Premium Services; Authorization; Unpaid Fees. MüvzU does not charge Homeowner Members or Vendor Members to use the Site. While optional fee-based premium services are available for Vendor Members, participation is not mandatory.
3.1 Vendor Members. Registered Vendor Members may opt into additional paid services (“Premium Services”). MüvzU may list the prices for these Premium Services on the Site, but it reserves the right to change these prices and to offer discounts and temporary promotions.
3.2 Premium Services.
3.2.1 Platinum Tier: As a platinum tier Vendor Member, you are guaranteed a top five search result within your service category within your selected service location. Your position in the top five businesses will be randomly shuffled upon each search inquiry. MüvzU limits the number platinum tier Vendor Memberships in each service category to a maximum of five. Subject to availability, payment for the platinum tier qualifies for an automatic platinum tier membership. However, MüvzU, in its sole discretion, for any reason or no reason, may deny your platinum tier membership. If MüvzU denies your platinum tier membership, any fees paid will be refunded within twenty-one business days. Given the limited availability of platinum tier memberships, we recommend you to visit the Site to determine current availability.
3.2.2 Gold Tier. As a gold tier Vendor Member, you are guaranteed first page placement of your business within your service category within your selected service location. Your position on the first page will be randomly shuffled upon each search inquiry. MüvzU limits the number of gold tier Vendor Memberships in each service category to a maximum of ten. Subject to availability, payment for the gold tier qualifies for an automatic gold membership. However, MüvzU, in its sole discretion and for any reason or no reason, may deny your gold tier membership. If MüvzU denies your gold tier membership, any fees paid by you will be refunded within twenty-one business days. Members can order gold tier membership through the Site.
3.2.3 Monthly/Annual Membership Terms. If a Vendor Member is eligible for a platinum or gold tier membership, the Vendor Member has the option of choosing a membership term that is based on either a monthly or annual basis. Once a membership plan is selected, the plan will automatically renew at the end of each term until either party cancels the membership. Automatic renewal of Membership may be cancelled by Vendor Members through their Vendor Member account on the Site or by providing notice to MüvZu at membership@müvzu.com at least ten (10) business days prior to the end of the term. Vendor Members under a month-to-month membership are required to pay for their membership each month. Vendor Member under the annual membership plan may pay for the membership via one lump sum. If the Vendor Member pays in one lump sum, MüvzU may grant a discount on the total fee. Subject to Section 3.2.4 below, Vendor Members shall not be entitled to any refund on membership fees if a plan is cancelled prior to the end of the term.
3.2.4 Upgrade/Downgrade Membership. Subject to availability, Vendor Members have the option to upgrade or downgrade to a different tier. Membership fees will be prorated for the remainder of the term if upgrading from a gold to platinum tier. Platinum tier Vendor Members who want to downgrade to gold tier shall be required to finish the then current month with their platinum membership and the following month, their new membership will take effect at the reduced gold tier rate. Any questions regarding upgrading or downgrading memberships should be directed to membership@müvzu.com.
4. Prohibited Activities. Visitors to and Members of the Site are strictly prohibited from: (i) Creating an account in another's name; (ii) Creating more than one account; (iii) Using another's account; (iv) Impersonating another person or entity; (v) Using the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so; (vi) Offering to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively “Laws”), or offer any products or services in a manner that violates any Laws; (vii) Conducting any type of sweepstakes, promotion or contest; (viii) Collecting information about Site Members, including but not limited to the use of robots, spiders, or similar means; (ix) Using information on the Site to send unsolicited email to Members; (x) Doing anything that interferes with or places an undue burden on the Site (as determined by MüvzU in our sole discretion); (xi) Using the Site if your membership has been temporarily or permanently suspended or revoked; and (xii) Violating any terms of this Agreement. MüvzU reserves the right to suspend the membership of any Member or Vendor Member and/or cancel the contract of any Vendor Member who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory, or offensive comments on the Site and elsewhere or by taking actions that would tend to reflect poorly on MüvzU.
5. Additional Terms and Conditions; Product Changes. 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 additional terms and conditions shall govern. MüvzU retains the right to revise its product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.
6. Information Submitted by Members.
6.1 Submitted Information. The Site allows Members to submit information, including, but not limited to text, images, photos, audio, video, location data, and all other forms of data or communication for use on the Site (“Submitted Information”). By submitting such information, you agree to abide by the terms of this Agreement. MüvzU reserves to itself the right but does not have the obligation to monitor Submitted Information. Members are solely responsible for the content of their Submitted Information.
6.2 Member Due Diligence Required. The Site acts as a passive conduit for communication and the distribution of information. As such, We do not control the Submitted Information of the Members and We cannot and will not evaluate Submitted Information. Therefore, you expressly acknowledge and agree that MüvzU is not responsible: (i) for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information; (ii) for verifying the identity of the submitting Member; or (iii) 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. Like any information you obtain through the Internet, you are responsible for conducting your own due diligence and should verify Submitted Information before acting upon it.
6.3 License to Submitted Information. We may use Submitted Information in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. 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 MüvzU 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 MüvzU 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 furthermore represent and warrant that all persons and entities connected with the Submitted Information have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Information and the rights granted herein.
6.4 Representation and Warranty of Submitted Information. You represent and warrant that your Submitted Information will not: (i) contain your personal information that you do not wish to be made public or to be displayed and will not contain another person’s personal information or otherwise invade another person’s privacy; (ii) violate or possibly cause us to violate any applicable law, statute, ordinance or regulation; (iii) infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights; (iv) contain obscene, lewd, or pornographic content; nor be libelous, threatening, harassing, racist, or defamatory; (v) contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems; (vi) scan or test the vulnerability or security of our Site or the system within which it operates; (vii) involve the upload, or insertion of, any programming language or code into or onto, our Site; (viii) be used for commercial or public purposes outside of the requirements of this Agreement. Specifically, your Submitted Information may not be used to advertise the products or services of others and my not contain links to third-party web sites; (ix) create liability for MüvzU in any manner whatsoever; (x) violate the terms of this Agreement. MüvzU reserves the right, but does 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 MüvzU's sole discretion. In addition, we reserve the right to terminate Members who violate these rules. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information.
7. Rating and Review System. One of the integral features of the Site is the rating and review system. Homeowner Members may post a review for a business as long as they have received work from that business and are registered as a Member. Homeowner Members have the option to leave their first name on a review or both first and last name. However, if you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. Each Vendor Member acknowledges that your rating and review consists of opinions left by Homeowner Members and is based on a machine calculated score. You further acknowledge that MüvzU does not make judgments on the truth or accuracy of opinions or statements. The following rules apply to Member reviews:
7.1. Members may only leave one feedback item per unique transaction, whether positive, neutral, or negative, for any Vendor Member.
7.2. The Member leaving the review must have conducted business with the Vendor Member and be able to provide proof of that business, such as a signed contract or formal proof of payment (i.e., cashed check, credit card statement, paid invoice, or receipt). MüvzU reserves the right to request additional information regarding proof of business.
7.3. By submitting a review, you agree that such review is subject to a compliance audit by MüvzU at any time. Any feedback item investigated may be temporarily or permanently removed.
7.4. Vendor Members may challenge reviews through MüvzU and will have the opportunity to respond to the feedback within the MüvzU interface. Upon receiving notice of a challenge from a Vendor Member, MüvzU will contact the Member who left the review request that the Member provide proof of the business relationship, such as a signed contract or formal proof of payment within fourteen business days of such request. If proof of work is not provided, the review will be seen as invalid and will be removed.
7.5. Homeowner Members agree that MüvzU has the right to remove their reviews if: (i) the review contains language that is profane, vulgar, discriminatory or contains adult material; (ii) MüvzU is provided with a court order directing MüvzU to remove or modify the review; (iii) the review makes any reference to actions taken or purported to be taken by MüvzU or any law enforcement organization; (iv) the review seeks to elicit or solicit any Member's contact information, such as other Member email addresses, for any non-MüvzU related commercial or business purposes; (v) the Member who left feedback cannot be reached by MüvzU or fails, within fourteen business days from the date MüvzU attempts to contact such member as part of the dispute process, to validate that the business was conducted with the Vendor Member; (vi) the review contains personally identifiable information of other members, personnel of Vendor Members or any other person. Such personally identifiable information includes, but is not limited to, full names, date of birth, physical addresses, email addresses, credit card numbers, driver license numbers, social security numbers or any other identification number provided by a government agency.
8. Manipulating Ratings and Reviews – Vendor Members acknowledge and agree that the Site is a neutral venue and that all transactions for services are made by and between you and other Members only and, therefore, We cannot, do not and will not make any comments on behalf of you or your services. Therefore, you acknowledge that an integral function of the Site is the ability of Members to leave reviews and rating about you and your services and for other Members to read and evaluate those reviews and ratings in order to make voluntary choices. As such, Vendor Members are strictly prohibited from: Attempting to restrict a Homeowner Member's right to post a review;
8.1 Offering a Member cash or other compensation in any form in exchange for a more favorable review;
8.2 Attempting to boost your rating by asking Members to leave multiple reviews;
8.3 Posting or attempting to post a review on your own account, whether from your own account or via a different Homeowner account; or
8.4 Misrepresenting or impersonating another Member.
9. Protection of Intellectual Property Content.
9.1. Ownership of Intellectual Property. The MüvzU 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 MüvzU. All rights reserved. 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. Unless otherwise agreed to in an Addendum to this Agreement, 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 MüvzU’s 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 in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of MüvzU without express written consent. You may not use any meta tags or any other “hidden text” utilizing MüvzU’s name or trademarks without the express written consent of MüvzU. You shall not use or register any domain name that is identical to or similar to any of the Marks. Submitted Information that contains trademarks and logos used in connection with the Vendors are the trademarks of their respective owners.
10. DMCA Notice. We take claims regarding the intellectual property rights of others very seriously. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
10.1. Identification of the copyrighted or trademarked work that you claim has been infringed;
10.2. Identification of the allegedly infringing content, and information reasonably sufficient to permit MüvzU to locate it on the Site (e.g., the URL for the web page on which the content appears);
10.3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
10.4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
10.5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
10.6. Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
10.7. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
10.8. A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which MüvzU is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to MüvzU, or an agent of such person;
10.9. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). MüvzU will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a Member’s account if the Member is determined to be a repeat infringer.
10.10. You can send us your copyright or trademark notices via physical mail at the address listed below or via email at legal@müvzu.com:
10.11. Taylor Law Offices, PLLC
Attn: MüvzU, LLC
1112 W. Main Street, Ste. 101
Boise, Idaho 83702
11. Member Coupons. As a Homeowner Member, you may receive promotional coupons (“Coupons”) that may be used to purchase goods and services from Vendor Members. In no event shall We be responsible for providing the goods or services indicated in a Coupon, nor shall We have any liability for the goods or services provided under a Coupon. You agree to look solely to the Vendor Member for the goods or services to be provided; therefore, the Vendor Members are responsible for any damages, claims or liabilities, including, but not limited to, injuries and property damages. You hereby release Us and our affiliates, officers, directors, employees, shareholders, agents from and you waive, and release us and our officers, directors, employees and agents from, any and all claims, causes of action, damages, liabilities, costs, and attorneys' fees and expenses whatsoever, known or unknown, arising out of the goods or services provided in connection with the Coupons.
13. No Agency Relationship. You hereby agree and acknowledge that your provision of services or your use of the Site, does not confer or imply any contractor, agency, partnership, joint venture, or employee-employer 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 MüvzU in any manner whatsoever.
14. 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.
15. Site Feedback Submissions. We welcome messages and feedback from our Members and welcome any comments regarding the Site and how it may be improved. However, please be aware that any ideas, suggestions comments or proposals you send to us (collectively, “Submissions”) are non-confidential, shall become the sole property of MüvzU, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to MüvzU, you hereby grant and agree to grant to MüvzU all rights needed for MüvzU to incorporate and commercialize the Submissions at no charge or encumbrance to MüvzU and you agree that MüvzU may disclose the Submissions to any third party in any manner and you agree that MüvzU has the ability to sublicense all Submissions in any form to any third party without restriction. MüvzU shall own all rights therein, including all intellectual property rights. MüvzU 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.
16. Remedies. Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your membership, suspending your membership, monetary compensation, and injunctive relief.
17. No Warranty. MüVZU, OUR EMPLOYEES, 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. MüVZU FURTHER DOES NOT WARRANT: (I) THAT THIS SITE OR ANY INFORMATION OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; (II) THAT OPERATION OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (III) OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. MüVZU DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE WILL BE SECURE, AVAILABLE OR PRESERVED. MüVZU DOES NOT REPRESENT OR WARRANT THAT SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
18. Limited Liability. IN NO EVENT SHALL MüVZU, OUR EMPLOYEES, 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, FOR USE OF COUPONS, 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 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 $200, WHICHEVER IS LESSER, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
19. Indemnity. You agree to indemnify and hold us and our affiliates, officers, directors, agents, 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.
20. Links to Third Party Websites. This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Members. MüvzU 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 MüvzU. Because MüvzU is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
21. Disputes Among Members; Release. You are solely responsible for your interactions with other MüvzU 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 Members. You agree to release MüvzU, its officers, directors, agents, 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 third parties or in any way related to goods, services, or events involving third parties. If you are a California resident, you waive California Civil Code §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.”
22. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Idaho, 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 MüvzU 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 Idaho, 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 Idaho.
23. Arbitration. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MüVZU 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 ACTION LAWSUITS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
23.1. Submission to Binding Arbitration. We are not responsible for resolving any disputes between you and 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 MüvzU, this Agreement, or to any acts or omissions for which you may contend MüvzU is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be settled as follows. If a Dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by a single arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Idaho and shall be conducted in Ada County, Idaho. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. 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. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Should no AAA rule regarding Idaho selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to MüvzU. To begin the arbitration process, a party must make a written demand therefore.
23.2. Binding Effect; No Joinder or Class Arbitration. Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Boise, Idaho. 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. The parties agree to arbitrate solely on an individual basis and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. 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 MüvzU's goods and services or the Site, you consent to these restrictions.
23.3. Alternate Venue; Attorney Fees. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state or federal courts sitting in Boise, Idaho. 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.
24. Nondiscrimination Policy. MüvzU wants Members to feel welcome and included on its Site. Accordingly, MüvzU prohibits discrimination against Members of MüvzU based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. If you experience discrimination with any Member, please contact support at support@Müvzu.com, with the subject “Nondiscrimination Policy”, so we can investigate and take appropriate measures.