OWNERSHIP OF SERVICES CONTENT

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services, including, without limitation, past present and future versions; domain names; graphics; layout; text; instructions; images; trademarks, logos, and service marks; audio; music; videos; designs; games; technology; applications; artwork; information; data; compilations; any and all copyrightable material (including without limitation source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services ("Services Content") are owned, controlled or licensed by MWM, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. 

The Services Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of MWM as is expressly provided in these Terms. Any unauthorized use of the Services Content is prohibited.

YOUR LICENSE TO USE SERVICES CONTENT ON OUR SERVICES

You may visit our Services without further permission from MWM and MWM grants you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable, non-assignable, and non-transferable license to view and play the Services Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you view or use the Services Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Services Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Services Content (except as may be a result of standard search engine or Internet browser usage).

MEMBERSHIP, REGISTRATION & ACCESS CONTROLS

Certain areas of the Services may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Services, you agree to provide only true, accurate, current and complete information. If you submit personal information to register for an account with MWM or to otherwise participate in any services, that information will be governed by the Privacy Policy. 

If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. MWM reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Services, in whole or in part, from time to time without any liability to you. MWM reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.

INFORMATION AND CONTENT YOU SUBMIT 

The Services may provide you the opportunity to post content publicly ("MWM Community"), including, without limitation, on “Discussion Boards” in connection with user reviews  or a contest or promotion or through other interactive features and through other communication functionality on the Services. The MWM Community may allow users to post content (including, without limitation, photographs, videos, writings, pictures, data, questions, comments, and suggestions) and exchange information, ideas and opinions, input data, send emails, answer questions, or otherwise communicate with MWM and Services' users (collectively, "User Content").

Except as otherwise described in the posted Privacy Policy or other agreement on the Services where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant MWM all of the rights and licenses you grant in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant MWM the licenses you grant in these Terms. Upon MWM’s request, you will furnish MWM any documentation, substantiation or releases necessary to verify your compliance with these Terms.

MWM is not responsible for the substance of any User Content and User Content does not necessarily reflect the views of MWM. MWM is under no obligation to monitor User Content but may do so in its sole discretion, and may remove or refuse to post any User Content for any reason in its sole discretion.

You remain the owner of your User Content, but you acknowledge that MWM must have a license from you in order to accept your User Content. Accordingly, you grant to MWM an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.

You further agree that MWM is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, creating manufacturing and marketing creative properties, characters, and/or stories; products and services; and informational articles, without any payment of any kind to you. You authorize MWM to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, YouTube, Twitter, Snapchat, TikTok, Instagram, Discord, Twitch, Reddit, Pinterest, Tumblr, and LinkedIn). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You acknowledge that MWM may be working on or developing material similar or the same in nature to your User Content and that MWM may have received similar or the same intellectual property rights from another party. MWM owes you no obligation connected to your submissions unless you and MWM enter a written agreement to that effect. Any discussion or negotiations between you and MWM regarding your submissions does not constitute recognition of the novelty or originality of your User Content.

You agree that MWM has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that MWM will not have any obligation to you with regard to User Content and that MWM may or may not monitor, display or accept your User Content and may delete it at any time.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities. 

ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES

When you contribute, upload or otherwise provide User Content to the Services, you agree to comply with the following Community Usage Rules ("Rules"):

• User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Services and elsewhere.

• No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Services, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.

• Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

• No music. Your User Content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.

• Keep it relevant. Your User Content should relate to the content on the Services and should be intended to add to the discussion and community on the Services.

• Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Services. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.

• Do not post User Content to the Services for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Services. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.

• Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities. 

• Do not infringe on third party rights. You may not use the Services for any purpose or in any manner that infringes the rights of any third party, including, without limitation, copyright, trademark, or other intellectual property rights.

• No violence. Your User Content may not promote violence or describe how to perform a violent act.

• Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

• Public forum. We hope that you will use the MWM Community to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information).

• Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

• Don't damage the Services or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Services or any computer system.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

SOCIAL DISTRIBUTION AND WIDGETS 

MWM may allow you – but only through express written permission – to engage in certain personal uses of Services Content that include the ability to share Services Content with others ("Social Distribution"). For example, a Service may allow you to send Services Content to friends, display Services Content on your personal website or post Services Content on a third party website. You understand that only MWM can make claims, promises or statements on behalf of MWM about its products and services and agree not to do so. You also agree that you will not imply that you and MWM are affiliated in any way or that MWM approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Services Content.

Similarly, the Services may provide content that you may choose to embed on your personal webpage, third party website or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Services Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal webpage does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Services Content made available via any Widget.

NOTICE TO THIRD PARTY SITES: Any Services Content made available in connection with your webpage, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Services Content upon notice.

DOWNLOADS 

If you download any software or files from the Services, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of a MWM service (collectively, the "Downloads"), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form (except to the extent any foregoing restriction is prohibited by applicable law), or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your device or loss of data that results from such Downloads.

THIRD-PARTY LINKS, CONTENT AND APPLICATIONS

There may be links from the Services, or from communications you receive from the Services, to third party websites or online features, including third party stores selling MWM products. When you purchase MWM products or services through such a third party store, your billing relationship will be with the third party and additional terms imposed by the third party may apply to your purchase. The Services also may include third party content that we do not control, maintain or endorse. 

Functionality on the Services may also permit interactions between the Services and a third party website or online feature, including applications that connect the Services or your profile on the Services with a third party site (including, but not limited to, Facebook, YouTube, Twitter, Snapchat, TikTok, Instagram, Discord, Twitch, Reddit, Pinterest, Pinterest, Tumblr, and LinkedIn). For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Services, or a feature that lets you post to your social networking page a link to Services Content or the ability to share content from the Services or your User Content posted on the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third party site. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. If you choose to use applications that connect a Service or your profile on a Service with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; and that your use of these third party applications may cause information about you to be publicly disclosed.

Neither MWM nor its service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Services including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that MWM is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.

LINKING POLICY

MWM grants you the revocable permission to link to the Services; provided, however, that any link to the Services: (a) must not frame or create a browser or border environment around any of the content on the Services or otherwise mirror any part of the Services; (b) must not imply that MWM or the Services is endorsing or sponsoring any third party or its products or services, unless MWM has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in MWM’s sole opinion, harm MWM or its products or services; (d) must not use any MWM trademarks without the prior written permission from MWM; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in MWM’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in MWM's sole discretion). If you do link to the Services, the link must be in plain text, unless otherwise pre-approved in writing by MWM. MWM reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Services or these Terms.  By linking to the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, MWM reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion.

PROMOTIONS 

The Services may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion. 

DISCLAIMER OF WARRANTIES; WAIVER

To the maximum extent permitted by applicable law, the Services, including, without limitation, the Services Content, Downloads, Widgets and any products sold by MWM through the Services, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by applicable law, MWM and its subsidiary companies, affiliated entities and businesses, vendors and the directors, officers, employees or other representatives of each of them (collectively, the "MWM Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services and the Services Content; (b) products sold by MWM through the Services; (c) User Content; and/or (d) security associated with the transmission of information to MWM or via the Services. In addition, to the fullest extent permissible by applicable law, the MWM Parties hereby 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.

The MWM Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. The MWM Parties do not make any representations or warranties that the information on the Services are accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk. The MWM Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the MWM Parties specifically disclaim such warranties.

By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.

The MWM Parties do not endorse User Content or collaborative content and are not responsible for User Content or collaborative content. 

LIMITATION OF LIABILITY; WAIVER

To the maximum extent permitted by applicable law, you agree that under no circumstances will the MWM Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Services (including without limitation all information, products, services, Downloads, Widgets, features, purchases and the Services Content and other content contained on and/or obtained through the Services); (b) User Content; (c) your use of, inability to use, or the performance of the Services; (d) action taken in connection with an investigation by the MWM Parties or law enforcement authorities regarding your use of the Services; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Services' technical operation; or (g) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the MWM Parties have been advised of or should have known of the possibility of such damages. However, to the maximum extent permitted under applicable law or arbitration standards or rules, in no event will the MWM Parties total liability to you for all damages, losses or causes or action exceed the amount paid by you, if any, to MWM for a product ordered through the Services or, in the event there has been no amounts paid by you, the amount of ten United States dollars ($10.00). The prior limitation on damages is not intended to limit the MWM Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law.  

You agree that in the event you incur any damages, losses or injuries that arise out of MWM’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to rescission, an injunction, or other equitable relief preventing any exploitation of any website, book, property, product, program, service, or other audio/visual content owned or controlled by the MWM Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Services Content (including, without limitation, website, game, application) or any movie, theatrical production, show, property, product, service or owned or controlled by the MWM Parties, provided that nothing in these Terms will restrict a California resident’s right (if any) to pursue public injunctive relief (in a manner otherwise in accordance with the Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution Section below). 

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the MWM Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the MWM Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and MWM. You will cooperate as fully required by the MWM Parties in the defense of any claim. The MWM Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the MWM Parties.

YOUR OBLIGATIONS WHEN ACCESSING THE SERVICES 

You agree that you will be responsible for obtaining and maintaining all devices, cellular technologies, computer hardware and other equipment needed to access and use the Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data. Message and data rates and other carrier fees may apply to your download and use of the Services (including any mobile applications). Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features and certain features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of features will be disclosed in connection with such features. 

E-COMMERCE

The Services may offer products or services for sale and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. MWM may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on your orders. 

Sometimes the Services may offer products or services for sale via an in-app or similar purchase where the transaction is facilitated by the operator of a third party platform hosting the Services. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, MWM shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. MWM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, MWM or its payment processor, will issue a credit to your credit card account in the amount of the charge. 

Your receipt of an electronic or other form of order confirmation does not signify MWM’s acceptance of your order, nor does it constitute confirmation of MWM’s offer to sell. MWM reserves the right at any time after receipt of your order to accept or decline your order for any reason. MWM reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. MWM may require additional verifications or information before accepting any order.

TERMINATION

MWM reserves the right to terminate your access to and use of the Services in its sole discretion, without notice and liability, including, without limitation, if MWM believes your conduct violates these Terms. MWM also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any emails you send to the Services or MWM. Any violation of these Terms may be referred to law enforcement authorities.

LOCATION OF THE SERVICES AND TERRITORIAL RESTRICTIONS

MWM controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. The information provided on the Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MWM to any registration requirement within such jurisdiction or country. Anyone using or accessing the Services from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; 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 any software related to the Services, 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.

ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION 

Both you and MWM waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and MWM waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS (defined below) standards or rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. 

You agree that these Terms and your use of our Services is governed by the laws of the State of California, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, to the fullest extent allowed by the applicable arbitration rules or standards, MWM shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating your use of our Services, products, services and/or to these Terms will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Los Angeles, CA; Chicago, IL; New York City, NY; Atlanta, GA; or Dallas, TX (whichever is closest to your residence) or in your hometown if required by applicable JAMS standards or rules – in or near your hometown. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, California. MWM agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration, but specifically excluding (i) any of your travel or other costs to attend the arbitration hearing and (ii) if you initiate the arbitration against us, a $250 fee. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. 

MISCELLANEOUS

The failure of MWM to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit MWM’s rights with respect to such breach or any subsequent breaches. No waiver by MWM of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of MWM. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. MWM may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without MWM’s prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against MWM by virtue of MWM having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by MWM. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties Waiver, Limitation of Liability; Waiver, and Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution).

CHANGES TO THESE TERMS

We reserves the right, in our sole discretion and at any time, to change or add to these terms and we will notify you of material changes by posting the changed or modified Terms ("Updated Terms"). We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Your use of the Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement and consent to the Updated Terms. Therefore, you should review these Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. Any changes will not apply to any dispute between you and us arising prior to the date on which we make available the revised Terms incorporating such changes or otherwise notified you of such changes.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at legal@madisonwellsmedia.com.

Address
MWM, 1999 Avenue of the Stars, Suite 1500 Los Angeles, CA 90067 

Phone
(424) 777-0137