The Services are provided for you to learn about MEEHAB and our Services, including information about various Alcoholics Anonymous meetings. The Services are not intended to diagnose, treat, cure, or prevent any disease. MEEHAB is not responsible for any health problems that may result from any information, services, products, events or anything else you learn about through the Services. While the Services may include content that provides information on overcoming addiction, MEEHAB makes no representation as to the veracity or effectiveness of such content. Use of the Services is NOT A CURE FOR YOUR ADDICTION.
The information and materials provided on or through the Services, including without limitation, any content, data, text, pictures, graphics, audio, video, icons, surveys, software, and updates for use on or through the Services, links, and other content, features and services available on or through the Services, excluding Submissions (defined below), (collectively, the “Materials”) are provided for educational purposes only.
The Services are provided for educational purposes, and unless otherwise specified on or in the Services, solely for your own personal use. MEEHAB hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own non-commercial educational purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Services, including any agreements that your company may have with MEEHAB restricting or regulating your use of the Services. MEEHAB reserves the right to revoke your right to use any or all of the Services at any time as further set forth in Section 20 herein. You acknowledge that the time that you spend on or using the Services, is solely for your personal educational purposes, and that no monetary value can be attributed to such time and that, but for the limited and terminable license granted herein, you are not entitled under the law to use or have access to the Services and/or the Materials.
Except as expressly provided in the Terms, MEEHAB does not grant you any other express or implied rights or licenses in or to the Services or the Material, and all right, title and interest that MEEHAB has in the Services and Materials are retained by MEEHAB.
Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, any of the Materials without MEEHAB’s express prior written permission. To the extent you are granted express permission or allowed to do so under applicable law, you must retain all trademark, copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.
The Services are licensed, not sold, to you, and MEEHAB retains ownership of all copies of the Mobile App (defined below) and Materials even after installation or download on your computers, mobile phones, tablets, and/or other devices.
You acknowledge that the Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by MEEHAB, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. The Services (and any Intellectual Property and other rights relating thereto) are and will remain the property of MEEHAB. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services, including the MEEHAB marks, logos and trade dress are the trademarks of MEEHAB, MEEHAB’s licensors, clients and vendors and/or other third parties. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the MEEHAB marks, logos or trade dress without the express written permission of MEEHAB or the third party owner of any such mark, logo or trade dress. Misuse of any mark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of MEEHAB’s or its licensor’s Intellectual Property by virtue of your access or use of the Services.
MEEHAB’s Intellectually Property may not be used by you for any purpose without MEEHAB’s prior express written permission, unless permissible by law. Notwithstanding the foregoing, MEEHAB’s Intellectual Property may not be used in connection with any product or service that is not MEEHAB’s, in any manner that is likely to cause confusion among consumers, for a competitor of MEEHAB, or in any manner that discloses confidential information of or disparages MEEHAB. Except as explicitly set forth herein, nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any MEEHAB Intellectual Property.
The Services are Copyright © 2016 Meehab, LLC, unless specified otherwise. ALL RIGHTS RESERVED.
THE SERVICES, INCLUDING ALL MATERIALS, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. You may not circumvent or disable any content protection features and must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of the Terms.
In order to access certain areas of or participate in certain activities contained on or in the Services, we may require you to register or create an account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in the Account. To create an Account, we may ask or require you to provide us with certain personal information (e.g., your full name and e-mail address) and/or social media login information. Providing us with your personal information or your social media login information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of the Services (or any portion thereof) or your participation in any activity contained on or available through the Services.
In order to access certain areas of, or participate in certain activities contained on or in the Services, we may require you to select a username and/or password. Your username is subject to certain terms and Standards, as set forth in Sections 7 and 8 below. You agree that MEEHAB has the right in its sole discretion to suspend or terminate your Account, your username, or refuse any and all current or future use of the Services (or any portion thereof).
MEEHAB may refuse to grant you a username in its sole discretion for any reason, including without limitation if it impersonates someone else or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and MEEHAB reserves the right to revoke and/or reassign any username in its sole discretion. You understand and agree that MEEHAB reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in MEEHAB’s sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOCIAL MEDIA LOGIN INFORMATION AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree not to transfer or resell your or otherwise convey your Account or the right to use your Account or any rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password, and (ii) immediately notify us of the problem by e-mailing us at firstname.lastname@example.org (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that MEEHAB will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by MEEHAB or another party due to someone else using your Account. Because of this, MEEHAB strongly recommends that you exit from your Account at the end of each session.
While using any of the Services and/or Materials, including on or in any Submissions (as defined below) or postings, you agree to follow our standards set forth below (the “Standards”), and you agree not to:
While using the Services and the Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations. MEEHAB has the sole discretion to delete, suspend, terminate or close your Account, with or without prior notification to you, for any violation of the Terms, including any of the Standards.
The Services may include links to other websites or services solely as a convenience to you (collectively, the “Linked Sites”). The inclusion of any Linked Site does not imply endorsement by MEEHAB of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites is not under the control of MEEHAB and MEEHAB does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that MEEHAB is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site. Any dealings with third parties, such as advertisers, included within the Services or participation in Promotions (defined below) involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. MEEHAB is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.
The Services may include features that allow you and others to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, ratings or material to the Services (“Submissions”). Those portions of the Services where you can post or transmit information are referred to herein as the “Forums.”
You agree that MEEHAB may redistribute content you send/upload/post to the Services. By sending, posting or transmitting to any area of the Services, including through any Forums (and including without limitation, as content for your Account), you grant MEEHAB and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You agree not to transmit any Submission to or through the Services, or to MEEHAB that you consider to be confidential or proprietary, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any and all of your Submissions.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and result in unsolicited communications; therefore, MEEHAB strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. MEEHAB is not responsible for information that you choose to communicate to other users via the Forums or Submission.
You acknowledge that people participating in our Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal, hurtful or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Services or in any Forums by third persons or parties. The opinions expressed in the Submissions and/or the Forums reflect solely the opinion(s) of the submitter of the Submission or the participants of the Forums and do not reflect the views or opinions of MEEHAB.
MEEHAB is not responsible for any Submissions or for any results obtained from the use of any Submissions. Under no circumstances will MEEHAB or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Services. MEEHAB has no obligation to monitor the Services, the Forums, or any Submissions or other materials that you or other persons or parties transmit or post on the Services or in the Forums. You acknowledge and agree that MEEHAB has the right, but not the obligation, to do any or all of the following, at its sole discretion: (i) alter, edit, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Services available thereon to (a) protect MEEHAB and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and MEEHAB’s users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.
You understand and acknowledge that MEEHAB has no responsibility and assumes no liability whatsoever for any content, materials or Submissions posted by you or any third party. MEEHAB RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS, WITH OR WITHOUT NOTICE TO YOU, THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON OR THROUGH USE OF THE SERVICES.
MEEHAB reserves the right, at any time, to modify, suspend, or discontinue the Services, and/or any part or parts thereof with or without notice, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, or feature of the Services, the hours that the Services are available, or any fees or charges in connection with the use of the Services. You agree that MEEHAB will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
You hereby agree and acknowledge that : (a) MEEHAB has the right to obtain without notification to you certain information about your computer and software, and parts or portions thereof, including without limitation, your operating system, identification of your hard drives, central processing unit, MAC address, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices, your IP address, and Internet browser for purposes of identification, in order to assist our efforts in policing users who may develop and/or use “hacks,” and other lawful purposes, and (b) MEEHAB has the right to obtain without notification to you non-personal information from your connection to the Services for demographic or any other lawful purposes. The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by MEEHAB to not be in compliance with the Terms and any and all other MEEHAB Standards, rules, policies, notices and/or agreements.
You acknowledge and agree that you, and not MEEHAB, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by MEEHAB, including without limitation, the Services, and paying all charges related thereto, if any. You also acknowledge that you are responsible for obtaining and maintaining your access to any site or application through which you access the Services.
You acknowledge that MEEHAB has the right at all times to disclose any information as MEEHAB deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by MEEHAB infringe your copyright (for example, a photo posted by a user on their profile), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to MEEHAB on MEEHAB’s DMCA Policy. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send MEEHAB a counter-notice. Please refer to MEEHAB’s DMCA Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see htttp://www.copyright.gov for details. Notices and counter-notices with respect to the Services, should be sent to MEEHAB’s DMCA Agent as set forth in MEEHAB’s DMCA Policy.
MEEHAB’s DMCA Agent should be contacted only for the purposes set forth in this Section 13. ALL OTHER INQUIRIES DIRECTED TO MEEHAB’s DMCA AGENT WILL NOT BE ANSWERED.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE SERVICES, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SERVICES, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR ANYTHING TO ANY FORUM OR ANYWHERE ELSE ON THE SERVICES. By accessing, using and/or submitting information to or through any of the Services, you agree and represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Terms.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The Services are not directed to, not intended for and may not be used by anyone under the age of 18.
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) through the Services. Participation in any Promotion is subject to the Official Rules governing that Promotion. MEEHAB may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless explicitly superseded by Promotion-specific rules. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, e-mail address or other contact information. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in MEEHAB’s marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that MEEHAB is not responsible for such third parties’ promotions.
Regardless of the language used thereon, access to and use of the Services from any jurisdiction where the content, products or services is illegal is strictly prohibited. MEEHAB makes no representation that Services are appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Services from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, e-mail, or privacy. MEEHAB reserves the right to limit the availability and quantity, if applicable, of the Services, any Promotion, or any other product or service provided by MEEHAB, to any person, geographic area or jurisdiction, at any time and in our sole discretion.
Any software or application available on or through the Services, including the Mobile App (defined below) is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the Terms or by applicable law.
MEEHAB does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or to MEEHAB that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and will and need not be treated as such. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to MEEHAB, including any concepts, know-how or ideas, you hereby transfer all rights in such User Ideas to MEEHAB (and its successor’s), without payment or accounting to you or others. MEEHAB is not obligated to review, evaluate, publish, or use any User Idea.
Your right to access and use the Services will remain effective until terminated in accordance with the Terms. MEEHAB may suspend, terminate, modify, or delete your Account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms. For example, your Account may be deleted and terminated without warning if MEEHAB believes, in its sole discretion, that you are under 18 years of age; if you provide any information that is untrue, inaccurate (or becomes untrue, inaccurate, not current or incomplete); or MEEHAB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Services and Materials, including your Account, will immediately cease. In addition to its termination rights, MEEHAB also reserves the right to refuse service to anyone and to remove any content or Submissions for any reason whatsoever in its sole discretion, including without limitation, if MEEHAB becomes aware that you are a convicted felon or sex offender.
If MEEHAB terminates and thereby causes your license to be revoked, you agree that MEEHAB will not have any liability to you for any time spent by you accessing or using the Services, and/or Submissions associated with your Account, or for any other reason whatsoever. For example, you understand that value cannot and shall not be attributed to the time that you may spend creating Submissions, and/or or creating any other content, and you understand and agree that you will not be compensated under any circumstances for any content or Submissions, regardless of whether you are barred from access to them.
You may terminate your Account by logging into your Account and deleting it, or by sending a letter stating your intention to Meehab, LLC, 11870 Santa Monica Boulevard 106505, Los Angeles, California 90025, Attn: Anthony or email@example.com (with the subject line “Termination Request”). MEEHAB may terminate and delete your Account, including any information associated with your Account, in our sole discretion, if your Account has been inactive for a period of at least 12 months. Your Account will be considered inactive if you do not log on to the Services with your username and password and/or social media login information.
The provisions of Sections 1, 3, 5, 10 through 13, 17, 18, 19, 21 through 24, 28, 29, 31 and 32, and all other provisions of the Terms that may reasonably be construed as surviving the termination of the Terms will survive any termination of the Terms.
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEEHAB AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MEEHAB AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF MEEHAB OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Services could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although MEEHAB attempts to ensure the integrity of the Services, we make no guarantees as to any completeness or correctness. In the event that a situation arises in which completeness or correctness is in question, please contact us at firstname.lastname@example.org (with the subject line “Inaccuracies in the Services”) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Services, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on “Claims of Copyright Infringement” above.
You agree to indemnify, defend and hold harmless MEEHAB, our subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Submission or other information you post, submit to us or transmit to the Services infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Services, the Materials, or Submissions; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Services or MEEHAB; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
The Services are provided by Meehab, LLC. If you have any questions, comments or complaints regarding the Terms, the Services or the Materials, please feel free to contact us at: Meehab, LLC, 11870 Santa Monica Boulevard 106505, Los Angeles, California 90025, Attn: Webmaster or email@example.com (with the subject line “Questions, Comments or Complaints”).
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the services or to
receive further information regarding use of the service.You may have the Terms mailed to you electronically by sending a letter to Meehab, LLC, 11870 Santa Monica Boulevard, Los Angeles, California 90025, Attn: Anthony, with your email address and including a written request for copies of the Terms.
MEEHAB and its third party providers periodically schedule system downtime for the Services and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that MEEHAB has no responsibility and is not liable for: (a) the unavailability of the Services or Materials; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services or Materials, any Internet service providers, or any Internet facility or network.
Any claim or cause of action arising out of or related to the Terms, use of the Services, your Account, and/or your Submissions (collectively, “Disputes”) must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
The Terms are governed by and construed in accordance with the laws of the State of California, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. All Disputes between you and MEEHAB shall be resolved by arbitration as set forth below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.
Any Disputes involving a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing such arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information). In addition, you and MEEHAB agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any Disputes involving a claim for more than $5,000 shall be submitted to final and binding arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act (“FAA”). The arbitration shall be initiated and conducted according to the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information), except as modified herein. The arbitration shall be conducted in Los Angeles County, California before a single, neutral arbitrator appointed in accordance with the arbitration rules cited herein, and whose decision will be final, except for a limited right to appeal under the FAA. The arbitrator shall have the authority to hear and grant motions to dismiss and/or motions for summary judgement, and shall issue written opinions resolving such motions, if submitted. The arbitrator will provide a detailed written statement of the final decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following, appeal, if applicable) within thirty (30) days of such award being rendered, then the other party will have the right to enforce the final award in any court of competent jurisdiction in Los Angeles County, California. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including, without limitation, attorneys’ fees. The parties shall use reasonable efforts to maintain the confidential nature of the arbitration proceeding.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, MEEHAB will pay all other AAA and arbitrator’s fees and expenses.
CLASS ACTION WAIVER – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION OR DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LIGITATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Los Angeles County, California, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
You explicitly agree that any claims or actions that you may otherwise have against MEEHAB under the laws of any jurisdiction other than in the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 29.
The Services and the Materials may include versions designed for mobile content that may be viewed on mobile devices, including without limitation, phones and tablets (the “Mobile App”). In order to use the Mobile App, you must have a wireless mobile device with cellular or wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You can subscribe to receive, from time to time, text messages from MEEHAB. Any subscription SMS will include instructions for unsubscribing, which may vary depending on how you obtain access to the Services. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Mobile App. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. MEEHAB is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.
If you are accessing the Mobile App through an application on an Apple iOS device (an “iOS Application”), (a) MEEHAB grants you a non-transferable license to use the iOS Application on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are expressly between you and MEEHAB only, and not with Apple, and MEEHAB, not Apple, is solely responsible for the Mobile App and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MEEHAB's sole responsibility; (e) MEEHAB, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS Application or your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property right, MEEHAB not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if you use an iOS Application, then Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to MEEHAB to MEEHAB’s Registered Agent in the State of California or to Meehab, LLC, 11870 Santa Monica Boulevard 106505, Los Angeles, California 90025, Attn: Anthony, and if to you, to the e-mail and/or postal address associated with your Account. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to MEEHAB via e-mail.
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and MEEHAB relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with MEEHAB’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. MEEHAB’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of MEEHAB’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access and/or use of the Services or the Materials, or information provided to or gathered by MEEHAB with respect to such access and/or use. A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and any other MEEHAB policies must be written in the English language.