Terms Of Service For Individuals
Last Update: December 5, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
You must accept these Terms (including any additional terms and policies referenced here or available by hyperlink) in order to use the Services. The term “you” as referenced herein refers to you, as an individual.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SERVICES.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS.
You may save a copy of these Terms by printing this page. If you have a disability, and you wish to access these Terms in an alternative format, please contact us at email@example.com.
MODIFICATION TO THESE TERMS
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time. If we make changes, such changes will be posted on the Site and indicated by the "Last Update" date at the top of the page. Any such changes are effective and binding the next business day. Any changes to these Terms apply to all access to and use of the Services thereafter, and your continued use of the Services constitutes your acceptance of the revised Terms. We will notify you of such changes via your account if you have an active account, or via a prominent posting on the Site.
You may browse the Site without registering for an account; however, you are required to register for an account in order to access and use the Services. To register for an account, you must be 18 or over (old enough to form a binding contract in the jurisdiction in which you reside). If you are under 18 years of age, you may not use the Services.
You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.
We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any user or the Services at any time for any reason without liability. If your account is suspended from using the Services by us at any time, you are not eligible to use the Services under any account until we reinstate access to your suspended account.
ORDERS AND CANCELLATION FOR NO-COST SERVICES
You may cancel your No-Cost Account at any time through the “my accounts” link within your account. We may cancel your No-Cost Account at any time immediately upon notice to you, which we will send via email. We may also cease offering any No-Cost Service (or all No-Cost Services) at any time in our sole discretion without notice or liability to you.
You may upgrade your account to a Paid Account by ordering any Paid Services at any time through the “my accounts” link within your account pursuant to the section below (Fees, Orders Payment and Cancellation for Paid Services). All prices for Paid Services are shown in U.S. dollars. Prices for our Services are subject to change. Pricing changes will be posted on the Site.
FEES, ORDERS, PAYMENT, REFUND POLICY AND CANCELLATION FOR PAID SERVICES
By ordering or using the Services, you agree to pay all fees and charges incurred in connection with your subscription, unless you have registered for a No Cost Account.
If the Paid Services you have purchased are a subscription (as noted in the Services descriptions available here https://www.mavenanalytics.io/signup/pricing), then at the conclusion of your initial subscription (1 month or 12 months), your subscription will automatically renew for successive terms equal in length to your initial subscription, and we will automatically bill you for the fees applicable to the renewal. If you are on an annual subscription, we will send you an email notification regarding your renewal prior to your renewal date.
You must terminate your subscription by cancelling through the “my accounts” link within your account prior to the end of your current subscription period. If your subscription has renewed for the next subscription period (whether monthly or annual), you may not cancel it until the end of that subscription period.
Some jurisdictions have mandatory laws applicable to cancellation rights, and this paragraph is not intended to override such laws. If you do not make your payments when due, we may suspend your Paid Services Account and your access to the Paid Services.
You may also order Paid Services by executing a Maven Analytics order form (“Order Form”) with Us. The terms of any Order Form may contain different terms and conditions from these Terms, and in the event of any conflict, the Order Form shall control with respect to the Paid Services identified on the applicable Order Form.
If you have registered for a Data Analytics Bootcamp, you agree to pay all tuition fees and charges. There are no refunds of any tuition fees paid, except to the extent required by applicable law. All tuition fees are exclusive of any taxes, which may be charged separately.
No refunds for any Services Fees will be granted, unless required by applicable law.
All prices are shown in U.S. dollars. Prices for our Services are subject to change. If you are an existing subscriber, we will use commercially reasonable efforts to notify you of any pricing changes via email. Otherwise, pricing changes will be posted on the Site.
All payments shall be made via credit card. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party.
If a payment is invalidated because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. We may engage in collection and other efforts to recover such amounts from you. If you believe that a payment initiated was not authorized, then you must dispute the transaction with the card issuer or originating bank. You represent and warrant that you will not (a) attempt to open new or additional account(s) when you have amounts owed to us or when your account has been restricted, suspended or otherwise limited; (b) opening new or additional accounts using information that is not your own (e.g. name, address, email address, etc.); or (c)using someone else’s account to access the services.
USE OF THE SERVICES
Subject to your compliance with these Terms, and in consideration for the payment of applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view Maven Content (defined below) made available via the Services for your personal use only. This license may not be used by or for the benefit of any other person or third party. You are authorized to use the Services only during the subscription period that you register and pay for. You are responsible for procuring and maintaining the network connections that connect you to the Services. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason at any time in our sole discretion.
Maven makes available certain Maven Content via the Services. “Maven Content” includes content, information, materials, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, artwork, videos, user interfaces, and the “look and feel” of the Services, and all intellectual property rights related thereto. Maven Content is subject to change at any time without notice.
As between you and Maven, all Maven Content are owned by Maven and its licensors, and Maven retains all right, title and interest in the Maven Content, including all modifications, enhancements, and derivatives of Maven Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies of Maven Content. Maven and its licensors reserve all rights not expressly granted in and to Maven Content.
Use of the Maven Content not expressly permitted by these Terms is strictly prohibited. Maven Content may not be downloaded, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without Maven’s prior written consent. You may not create derivative works from Maven Content without Maven’s prior written consent. You agree to respect and not remove all copyright, trademark, and other legal notices, information, and restrictions contained in the Maven Content. You shall access and use Maven Content for lawful purposes only.
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access the Maven Content provided by us through the Services for your personal and non-commercial use only, and solely in compliance with these Terms. Maven may terminate this license at any time for any reason or no reason.
All Maven Content is provided for informational purposes only. No Maven Content is intended to provide financial, legal, tax or other professional advice. The quality of the display of the Maven Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
USER GENERATED CONTENT
Users of the Services may be permitted to upload, post or transmit or otherwise make available content through the Services including, without limitation, text, images, graphics, charts, graphs, information and other materials (“User Content”). User Content includes all submissions by users to the User Communities. User Content also includes all content and materials you post to your User Profile and User Portfolio.
You understand and acknowledge that you are responsible for all User Content you post on the Site or use with the Services (“Your User Content”). You represent that all Your User Content is in compliance with these Terms. You represent and warrant that: (i) You either own fully and outright or otherwise possesses and have obtained all rights, approvals, licenses, consents, clearances, and permissions as are necessary to provide Your User Content and to permit Your User Content to be used in accordance with these Terms; (ii) Your User Content, and its use in connection with the Services does not infringe, violate or misappropriate any third party’s rights; and (iii) You have complied with all applicable laws and regulations, including those related to data privacy, export control, and transfer of data to and from the United States.
Any User Content will be considered non-confidential and non-proprietary. You understand that all Your User Content may be publicly accessible and may be searchable on the internet. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary, or that any third party (including, without limitation your employer or previous employer) considers to be confidential or proprietary. You will not use any third party logos, trademarks, tradenames or other intellectual property of any third party in Your User Content without the consent of such third party. You understand that any of Your User Content is posted at your own risk, and you are fully responsible and liable for any breach of confidentiality obligations or breach of intellectual property rights by Your Content.
You or the owner of Your User Content still own the copyright in Your User Content sent to us, but by submitting Your User Content via the Services, you hereby grant us a worldwide, perpetual, unconditional, irrevocable, non-exclusive, sub-licensable, royalty-free, fully paid up, fully transferable, right and license to use, host, edit, copy, modify, perform (publicly or otherwise), adapt, reproduce, display, make derivative works of, publish and/or transmit, and/or distribute and otherwise fully exploit Your User Content. This right and license includes, without limitation, the right and license to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of Your User Content. You acknowledge and agree that no compensation of any kind will be paid to you or any third party for use of Your User Content as described in this paragraph.
By posting Your User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to Your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Your User Content you post or otherwise submit to the Services.
All User Content must be in compliance with these Terms, including, without limitation, the Restrictions set forth below and the Community Guidelines. If you wish to report User Content that does not comply with these Terms, please contact us here firstname.lastname@example.org. We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any of Your User Content that you submit to the Services on your personal device in the event that you wish to ensure that you have permanent access to copies of such User Content. We also reserve the right to suspend or terminate any account and/or any user who violates these Terms.
Maven accepts no responsibility or liability for any User Content (or your access to or use of such User Content), whether submitted by you or any third party. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content. User Content has not been verified or approved by us, and we have no obligation to pre-screen, monitor, review, or edit any User Content. You acknowledge that User Content is the sole responsibility and liability of the person who posted the applicable User Content. We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted in any User Content. You acknowledge and agree that when you view User Content provided by others on the Services, you are doing so at your own risk. Under no circumstances will we be liable in any way for any User Content.
You will indemnify, defend hold harmless, and release Maven from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to Your User Content and/or Maven’s use of Your User Content in accordance with these Terms.
RESTRICTIONS ON USE
You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Services or Content (where “Content” means both Maven Content and any User Content other than Your User Content); (b) remove any proprietary notices, marks, labels, or logos from the Services or Content; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, distribute, perform, publish, sublicense, transfer or otherwise exploit the Services, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Services or use the Services or Content in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Services or Content. This license does not allow you to distribute or make the Services or Content available over a network where it could be used by multiple devices at the same time. Without our express written consent in each instance, you may not: (1) use the Services or Content for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (2) incorporate the Services or Content in any other program or product. You may not publicly perform the Services or Content. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services or Content.
You may not use the Services or Content for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In using the Services and Content, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the Services, or any code that will affect the functionality or accessibility of the Services or Content. You may not use the account of any other user. You will not use the Services, Content or Your User Content to (a) impersonate any person or entity, or submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself) or otherwise misrepresent you or your affiliation with any person or entity; (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper or other automated means to access the Services, collect information from, or otherwise interact with the Services; (d) submit any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; or (e) to interfere with or circumvent the security features of the Services. You will not use the Services or Content in or for the benefit of a country, organization, entity, or person embargoed or blocked by the United States government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Services, Content and Your User Content.
You may not submit Your User Content that, or use the Services in a manner that (a) is discriminatory, including discrimination based on race, sex, gender, gender identity, religion, nationality, disability, sexual orientation or age; (b) may create a conflict of interest or undermine the purposes of the Services; (c) includes any private information, personal information, or confidential information of any third party or person; (d) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (e) constitutes, encourages or provide instructions for criminal or unlawful acts; and (f) is intended to harass, harm, or bully any person, or contains a threat of any kind. In addition to the above, your access to and use of the Services and Content, and your submission of all Your User Content must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to Content and/or Your User Content at our discretion for any reason or no reason.
You will indemnify, defend, hold harmless, and release Maven from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees), claims, suits, actions, or proceedings relating to your violation of these Restrictions On Use or the Community Guidelines.
__INTELLECTUAL PROPERTY __
Our Services and Content are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services and Content.
You acknowledge and agree that the Services and Maven Content are proprietary to Maven Analytics and its licensors and that Maven Analytics and/or its licensors retain exclusive ownership of the Services and Maven Content, including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services and Maven Content (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.
Certain aspects of our Services may require you to register with, and agree to the terms of, third party service providers in order to utilize such Services. We may also provide links or other access to other third party service providers as a convenience to you. Any use by you of the services of any third party service providers is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such third party services, and we make no representations or warranties with respect to such third party services. Please be sure to read any terms and policies that may apply to the third party services.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material or Content available on our Site or in the Services infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
Please deliver the notification to:
By Email: email@example.com __ By Mail: Maven Analytics LLC, 200 Portland St., Floor 5, Boston MA 02114
If you send us you send ideas, suggestions, proposals, plans, or other materials related to the Services, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction fully exploit in any medium any Feedback that you provide to us. Feedback is not confidential. We are and shall be under no obligation (1) to pay compensation for any Feedback; or (2) to respond to any Feedback.
THE SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OR ACCESS TO THE SERVICES, CONTENT OR YOUR USER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE. COMPLETE, OR RELIABLE. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT OR YOUR USER CONTENT WILL APPEAR YOUR SPECIFIC DEVICE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ALL OR PART OF THE SERVICES, CONTENT AND/OR YOUR USER CONTENT FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES, CONTENT AND YOUR USER CONTENT IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
__LIMITATION OF LIABILITY __
IN NO CASE SHALL MAVEN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, LOSS OF CONTENT, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM THESE TERMS, YOUR USE OF ANY OF THE SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY OF THE SERVICES OR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT OR YOUR USER CONTENT EXCEED THE FEES PAID BY YOU IN ONE MONTH PERIOD IMMEDIATELY LEADING UP TO THE EVENTS GIVING RISE TO THE CLAIM.
You may stop using the Services at any time. You may delete Your User Content at any time. You may delete your account at any time.
We may suspend or terminate your use of the Services and/or Content immediately and without liability to you if you violate these Terms, or if your continued use of the Services or Content would cause a risk of harm or loss to us, our other users, or any third party. We may delete all Your User Content immediately upon termination of your account.
You remain liable for your payment obligations made by you prior to any termination or deletion, including without limitation, the remainder of the subscription period registered to your account. Upon any termination or expiration of these Terms, We shall no longer provide the applicable Services, Content and Your Content to You and You and Your users shall cease using the Services and Content.
Except as expressly provided herein, termination of these Terms by either party will be a nonexclusive remedy for Us and will be without prejudice to any other right or remedy of Us. Provisions which by their nature should survive termination of these Terms shall survive any such termination.
We may, in our sole discretion, decide to modify, improve, or discontinue all or part of the Services or Content at any time, with or without notice, and without liability to you.
If you have an active subscription and we terminate the Services in their entirety pursuant to this Discontinuation provision, we shall give you notice of such discontinuation and, as our sole liability for such discontinuation, refund a pro-rated portion any pre-paid fees for a subscription to the Services you have not received, calculated as of the date of termination if the discontinuation occurs before the end of any subscription for which you have paid. For the avoidance of doubt, you will not receive a refund of fees if we terminate these Terms or your access to the Services for your breach of these Terms.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of Maven to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We will provide you notice via email, written notice, or by conspicuously posting the notice on our Site. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Questions about these Terms should be sent to: firstname.lastname@example.org
You may also reach us by mail at:
Maven Analytics, LLC 200 Portland St., Floor 5 Boston MA 021146
If you have any complaints or feedback regarding our Services please contact us at email@example.com.
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