Last Modified: March 20, 2019
- Your Acceptance
- “What This Means” Sections
- User Information and Accounts
What This Means: You must be 18 years old and you’ll have to register to use our Platform.
What This Means: Once you have registered we’ll grant you access or a license to use the Platform.
After registering, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for GOT MOLD?. Where you download software to access our Platform, we grant you a limited, fully revocable, non-exclusive license to download one copy of our Platform onto your electronic device(s). If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion. Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third-party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
- Platform Ownership
What This Means: Although you may access our Platform, we own all portions of the Platform and we ask that you not do anything that may compromise our intellectual property rights.
User acknowledges that the structure, organization, and code (both source code and object code) of the Platform and all related software components are proprietary to GOT MOLD? and/or GOT MOLD?’s licensors and that GOT MOLD? and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by GOT MOLD?. User shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by GOT MOLD? to others in violation of this Agreement. User shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by GOT MOLD?. User agrees to make all necessary and reasonable efforts to comply with the above provisions, in a manner which User takes to maintain its own intellectual property rights, in order to maintain GOT MOLD?’s rights as stated within this Agreement and to take appropriate action as instructed or required by GOT MOLD? to maintain its intellectual property rights.
- Platform and Services
What This Means: The GOT MOLD? Platform offers mold testing kits and reports, along with other products for you to purchase and use.
Through the Platform, GOT MOLD? may make available products and services, including but not limited to home mold testing kits and reports. (collectively “GOT MOLD? Services”). Where you have ordered a GOT MOLD? Test Kit, please review and follow all instructions provided in the GOT MOLD? Test Kit “Quick Start Guide”. Failure to follow the instructions in the test kit may cause undesired results and improper testing. Once you have return-shipped the samples you collected using the kit, upon analysis by our laboratory partner, a lab report and analysis summary will be prepared. Although test results and reports are generally available one week after receipt by the laboratory, some test results may be delayed for reasons outside our control. Once your report and results are ready you will be alerted via the Platform.
- Platform and Services Disclaimer
What This Means: Please exercise common sense when using the GOT MOLD? Services. You should always consult with a mold professional or health care professional before making any decisions related to the results of any mold testing reports.
Always use common sense when using the GOT MOLD? Platform and the GOT MOLD? Services. Please be aware that any GOT MOLD? Services and the GOT MOLD? Platform are offered “as-is” and “as-available.” Additionally, the GOT MOLD? Services along with any information or content found on our Platform, including any notifications, reports, analysis, or tools provided, are offered only for informational purposes only. You agree that any information or notifications from the Platform may be inaccurate, unsubstantiated or possibly even incorrect. The GOT MOLD? Platform and GOT MOLD? Services are not intended to, and do not, constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. Please consult with a certified professional or health care professional before making any decisions, based on your personal facts and circumstances. Do not take any action or inaction based on information found on our Platform. Tests while generally accurate, are not foolproof, and may lead to inaccurate, misleading, wrong, or erroneous information. The test results are not a substitute for in-person professional advice and diagnosis. If you are experiencing a medical emergency or believe that you may have a medical issue related to mold please contact your health care professional immediately. GOT MOLD? does not provide medical opinions, care, or advice. Do not delay receiving treatment for any health or medical issues due to any information found on our Platform. Further, GOT MOLD? has no liability to Users for any third-party content, including but not limited to lab reports, User Content, data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform (collectively “Non-GOT MOLD? Content”). Specifically, GOT MOLD? shall not be liable for any errors or accuracy related to any Non-GOT MOLD? Content. All errors shall be at the sole responsibility and expense of the User or the third party submitting such Non-GOT MOLD? Content. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you; inability to access to the Platform; failure of a communications satellite, strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.
- Test Methods and Reports
What This Means: Although GOT MOLD? and its third-party laboratory partners use state-of-the-art testing, some tests and test results may not always be 100% accurate.
Through the GOT MOLD? Services, Users may send the samples collected using the GOT MOLD? Test Kit to a third-party laboratory for analysis, and receive reports based on the results. The tests and reports are prepared by independently owned professionally certified third-party laboratories in accordance with the highest established professional standards (AIHA-EMLAP). Please be aware that the mold tests may not be 100% accurate. The test methods used will, in the great majority of cases, accurately detect the presence of mold when submitted and tested correctly. However, results relate only to the sample as received by the laboratory and GOT MOLD? and neither GOT MOLD? or our third-party laboratory partners accept liability for the traceability or quality of samples prior to receipt by the laboratory. Please be aware that test results relate only to the sample as received by the laboratory. Some tests may both result in false positives or false negatives due to errors or reasons beyond GOT MOLD? or our third-party laboratory partner’s control. GOT MOLD? and our third-party laboratory partners make no other warranty, expressed or implied and accept no responsibility or liability with respect of false results or for the consequences of any actions taken on the basis of the information provided. No representation or warranty is given by GOT MOLD?, or any member or employee, or other parties connected with GOT MOLD?, as to the accuracy of any test method or test results.
- Confidentiality of Reports
What This Means: We will keep your reports confidential and will not share them unless compelled to by law enforcement, governmental authority, or a legal proceeding.
- User Responsibilities
What This Means: You agree not to use the GOT MOLD? Services for commercial purposes and you agree that you won’t be using the GOT MOLD? Services for anything illegal.
User hereby represents and warrants that: (i) User shall use the Platform solely for non-commercial purposes; (ii) User is duly authorized and has the power and authority to enter into this Agreement; (iii) User will not violate any agreements with any third parties as a result of entering into this Agreement with GOT MOLD?; (iv) User shall comply with all United States federal and state laws when using the Platform; and (v) User shall use the Platform only for legal and lawful purposes.
- User Privacy
- Use of the Platform
What This Means: Please be a nice person and abide by the following rules when using the Platform. Failure to abide by these rules may result in the termination or suspension of your account.
When using our Platform, User is responsible for its use of the Platform. You agree to the following:
- You way not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
- You may not violate any requirements, procedures, policies or regulations of networks connected to GOT MOLD?;
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
- You may not interfere with or disrupt the Platform;
- You may not violate any US state or federal laws or regulations and you solely are responsible for such violations;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
- You agree that you will not hold GOT MOLD? responsible for your use of our Platform; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may, at our discretion, be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but GOT MOLD? reserves the right to suspend or terminate any account at any time without notice or explanation.
- User Content
What This Means: When you submit any User Content you agree that you own the User Content or have permission to use such User Content. Additionally, you grant to us a license to use your User Content.
User’s ability to submit or transmit any information through the Platform, including but not limitedto data, test results, lab information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Except for the confidentiality of your test results and reports, we provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant GOT MOLD?, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement. Additionally, you grant to GOT MOLD? a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Where any User Content is submitted we shall store such User Content in a secure and confidential manner that is compliant with our internal storage policies.
- Monitoring User Content
What This Means: We may monitor the User Content you submit to the Platform.
GOT MOLD? shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, GOT MOLD? shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
- Platform Availability
What This Means: We try to make the Platform available at all times but can’t guarantee that it will be 100% available.
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
- Modification of Platform
What This Means: We may modify the Platform as required to provide you with a better experience.
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
What This Means: You agree to pay all fees related to any GOT MOLD? Services purchased.
You agree to pay for all costs, fees, and taxes listed when purchasing any access to the Platform or for any additional purchases. User authorizes GOT MOLD? or its third-party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, GOT MOLD? may suspend or terminate your access to the paid portions of the Platform, without liability to us.
What This Means: You agree to pay any taxes associated with any purchases.
Taxes may be added to any purchases as listed at the time of purchase. Where GOT MOLD? does not charge you taxes for any purchases or payments, you agree to pay any and all applicable taxes. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.
- Subscription Plans and Renewals
What This Means: Where you have a subscription plan, we may charge you on a recurring basis for your subscription.
For your convenience when you sign up for the Platform, yourpayment information shall be logged. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, GOT MOLD? MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
- Pricing and Price Increases
What This Means: From time to time we may increase the pricing for GOT MOLD? Services.
The pricing for all GOT MOLD? Services or paid subscriptions are listed on the GOT MOLD? Platform. GOT MOLD? may increase the price of any GOT MOLD? Services or paid subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase to your subscription, GOT MOLD? shall notify you and you will have the chance to accept or reject any price increase before the paid subscription renewal. Please notify us if you intend to reject a price increase. You agree that GOT MOLD? has no obligation to offer any GOT MOLD? Services for the price originally offered to you at sign up.
What This Means: We accept refunds for new, unused, and unopened test kits within 30 days of purchase. Please contact us to request a refund.
At GOT MOLD? we want you to be satisfied with our services and products. Therefore, we offer a 30-day refund policy on all unopened and unused test kits. For any refund requests please contact us at email@example.com or via the Platform, once we have received your refund request, we will contact you and provide you with an RMA (defined below). Please be aware that you must contact us BEFORE a refund may be issued, DO NOT SHIP anything before we respond to your refund request and provide you with a Return Authorization Number(“RMA”). Once you have received your RMA please follow the return instructions as provided. You will be required to pay for any return shipping or handling. We are not responsible for loss or damage of your return shipments.
What This Means: We offer variable shipping methods for our products. Please be patient as products sometimes may take a little longer to arrive.
At checkout you may be able to select from multiple shipping options for the GOT MOLD? products. Shipping is generally available in the United States, and other locations as listed. Prices for each location may vary. Standard shipping times and rates will apply; if you have any questions regarding our shipping policies please contact us. Please be aware that as we do not transport the products we cannot guarantee shipping times. Before we can ship your order, GOT MOLD? must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
Risk of Loss
All items purchased through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier.
- Product Descriptions and Size
What This Means: The products sold generally match the photos on our Platform but from time to time there may be slight differences.
Please be aware that all photos of any products sold on the Platform are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Platform, it is possible that some photos shown on our Platform may not be entirely representative of the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all dimensions are approximate and not exact.
- Intellectual Property
What This Means: We own all intellectual property rights to the Platform and the “GOT MOLD?” name, design, and graphics.
The name “GOT MOLD?”, the GOT MOLD? Platform along with the design of the GOT MOLD? Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to GOT MOLD?, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. GOT MOLD? reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
- Idea Submission
What This Means: Although we value your input we do not accept unsolicited ideas.
GOT MOLD? or any of its employees do not accept or consider unsolicited ideas, including, but not limited to, ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to GOT MOLD?. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GOT MOLD?’s products might seem similar to ideas you submitted to GOT MOLD?. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of GOT MOLD?, without any compensation to you; (2) GOT MOLD? may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for GOT MOLD? to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
What This Means: Except for any explicit warranties provided within this Agreement we make no warranties as related to the Platform of the GOT MOLD? Services.
THE PLATFORM AND ALL GOT MOLD? SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GOT MOLD?, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY CLAIMS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY GOT MOLD? SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; (3) THE SAFETY PERFORMANCE OR DURABILITY OF THE GOT MOLD? SERVICES OR PRODUCTS; OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GOT MOLD?, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. GOT MOLD? DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. GOT MOLD? DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. GOT MOLD? DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND GOT MOLD? SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. GOT MOLD? DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS, OR ENDORSE ANY GOT MOLD? SERVICES OR PRODUCTS SOLD.
- Limitation of Liability
What This Means: We are not liable for loss, conduct of 3rd parties, unauthorized access, and many other conditions.
IN NO EVENT SHALL GOT MOLD?, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GOT MOLD? IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR ANY NEW JERSEY RESIDENTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY GOT MOLD?’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.
What This Means: You agree to indemnify us for your use of our Platform and the GOT MOLD? Services.
You agree to defend, indemnify and hold harmless GOT MOLD?, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the GOT MOLD? Platform and the GOT MOLD? Services;
- your violation of any term of this Agreement; or
- your violation of any third-party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the GOT MOLD? Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
What This Means: If you believe that someone has submitted content that infringes on your intellectual property rights, please contact us.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of GOT MOLD?, firstname.lastname@example.org
In the event that you receive a notification from GOT MOLD? stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
- Choice of Law
What This Means: This Agreement is subject to New York laws.
This Agreement shall be governed by the laws in force in the state of New York. The offer and acceptance of this contract is deemed to have occurred in the state of New York.
What This Means: In the unlikely event of a dispute between you and us, we both agree to AAA arbitration to be held in New York, NY.
Any dispute relating in any way to your visit to the Platform or our Platform shall be submitted to confidential arbitration in New York, New York. Arbitration under this Agreement shall be conducted pursuant to the applicable rules between businesses and consumers (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. 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 Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (New Jersey Users are exempted from the foregoing one (1) year limitation). Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within New York County, New York.
- Class Action Waiver
What This Means: By using our products and services you agree to waive any class action proceedings against us.
You and GOT MOLD? agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. This class action waiver does not apply to New Jersey residents.
What This Means: Where a portion of this Agreement is unenforceable, the remaining portions of this Agreement will continue to be in effect.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with GOT MOLD? are deemed to conflict with each other’s operation, GOT MOLD? shall have the sole right to elect which provision remains in force.
What This Means: Although we may not enforce all of our provisions at all times, any non-enforcement is not a waiver of any conduct.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Assignment and Survival
What This Means: Upon your termination of the use of the Platform or any GOT MOLD? Services this Agreement will remain in effect.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.
What This Means: If you have violated this Agreement we may terminate this Agreement along with your access to our Platform.
You may cancel your access to the Platform or any recurring payments at any time via your GOT MOLD? dashboard or contacting us at email@example.com. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and any User Content may become immediately inaccessible. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm GOT MOLD?, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
- Entire Agreement
What This Means: Sometimes we may make changes to this Agreement.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
- Electronic Communications
What This Means: We may send you communications via email or other electronic methods.
The communications between you and GOT MOLD? use electronic means, whether you visit the Platform or send GOT MOLD? e-mails, or whether GOT MOLD? posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from GOT MOLD? in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that GOT MOLD? provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Export Controls
What This Means: Please don’t use our Platform if you are embargoed by the US or on a terrorist list.
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) 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 the Platform, you agree to the foregoing and 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, and that you will otherwise comply with all applicable export control laws.
- Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at firstname.lastname@example.org.
- California Users
What This Means: California Users are entitled to receive this consumer notice.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about GOT MOLD? must be sent to our agent for notice to: email@example.com
Lastly, California Users are also 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 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.