Multi-Me Terms & Conditions - DRAFT FOR REVIEW
1. INTRODUCTION
1.1 WELCOME TO MULTI-ME
These terms and conditions shall govern the sale and supply of downloadable ebooks through our website www.multi-me.ie, and the use of those ebooks.
MULTI-ME provides its Services (as described below) to you through its website located at www.multi-me.ie and through its mobile applications and other interactive properties owned and operated by MULTI-ME (collectively, the "Site"), subject to the following Terms of Use.
The Site is an online community for professionals. The Site enables users to access and/or purchase products and services made available on the Site. These terms and conditions shall govern the sale and supply of downloadable ebooks and products through our website and the use of those ebooks. Services include, but are not limited to, any service and/or content MULTI-ME makes available to or performs for you, as well as the offering of any materials displayed, transmitted or downloaded on the Site.
1.2 ACCEPTANCE OF TERMS OF USE
These terms of use are entered into by and between you and MULTI-ME. The following terms and conditions, together with any documents that are expressly incorporate by reference (collectively "Terms of Use"), govern your access to and use of the Services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Multi-Me.ie, incorporated herein by reference. If you do not agree to these Terms of Use or Privacy Policy, promptly exit this page without accessing or using any of the Services.
If you are using the Services on behalf of a business, that business also accepts these Terms of Use.
You will be asked to give your express agreement to these terms and conditions before you place an order on our website. This document does not affect any statutory rights you may have as a consumer.
1.3 CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. If we change these Terms of Use, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.4 IN THESE TERMS IN CONDITIONS
(a) “we” means the website Multi-me, run by Conor Lynch (and “us” and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “ebooks” means those ebooks that are available for purchase on our website; and
(d) “your ebooks” means any such ebooks that you have purchased through our website.
2. ACCESSING THE SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO THE SERVICES
MULTI-ME reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MULTI-ME will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Contributions (as defined below) available via the Services are legal in your country. MULTI-ME may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.
Services are available only to users above 16 years old; however, if you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
2.2. REGISTRATION
To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. You agree to: (a) provide true, accurate, current and complete information about yourself in the registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MULTI-ME has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MULTI-ME has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.3. ACCOUNT SECURITY
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. MULTI-ME will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. USER CONDUCT
3.1. USE OF THE SERVICE
The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by MULTI-ME, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service should not be used or relied upon for storage of any content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period beyond what may be required by applicable law.
3.2. PROHIBITED USES
You hereby agree not to use the Services for any purposes that are unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by MULTI-ME. Solely as an example, without limitation, you agree not to use the Services:
In a way that violates any applicable local, state, national or international law or regulation.
To (or attempting to) abuse, harm, harass, threaten, impersonate or intimidate any person.
To send, knowingly receive, upload, post, download, use or re-use any material or content that (i) contain any material which is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person or entity; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with these Terms of Use; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by MUTLI-ME or any other person or entity, if this is not the case.
To transmit, or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
To impersonate or attempt to impersonate MULTI-ME, a MULTI-ME employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or otherwise misrepresent your affiliation with a person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm MULTI-ME or users of the Services, or expose them to liability.
Additionally, you agree not to:
Bypass any measures we may use to prevent or restrict access to the Services.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
Obtain or attempt to obtain or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, any server, computer or database connected to the Services or to private accounts of other users.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
MULTI-ME shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable.
If you suspect there has been a breach of these Terms of Use (other than relating to copyright infringement notices, as described below) please contact us through our Web Form.
4. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and MULTI-ME will have no liability or responsibility with respect thereto. MULTI-ME reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
5. INTELLECTUAL PROPERTY
5.1. MULTI-ME’S INTELLECTUAL PROPERTY RIGHTS
The Services and related content, features and functionality (including but not limited to all information, downloads, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MULTI-ME, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. When accessing the Services and/or when purchasing a course or ebook we grant you a limited, non-exclusive, non-transferable, license to access the MULTI-ME content and view (a) course(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by MULTI-ME. MULTI-ME may revoke your license at any time at its sole discretion. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.
MULTI-ME’S name, MULTI-ME’S logo and all related names, logos, product and service names, designs and slogans are trademarks of MULTI-ME or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You must not delete or alter any copyright, trademark or other proprietary rights notices from any materials on the Site.
Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
6. LICENSING OF EBOOKS
6.1 We will supply your ebooks to you in the format or formats specified on our website (usually PDF), and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 6.4.
6.3 The “permitted uses” of your ebooks are:
(a) downloading a copy of each of your ebooks;
(b) making, storing and viewing copies of your ebooks on not more than 3 desktop, laptop or notebook computers;
(c) making, storing and viewing copies of your ebooks on not more than 3 ebook readers, smartphones, tablet computers or similar mobile devices; and
(d) printing 2 copies of each of your ebooks solely for your own use.
6.4 The “prohibited uses” of your downloads are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
(c) the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial use of any ebook (or part thereof); and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.
6.6 All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant ebooks in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant eBooks in your possession or control.
7. FEES
MULTI-ME offers online courses, ebooks, and other Services for a fee. You agree to pay the fees for content that you purchase, and you authorise MULTI-ME to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by MULTI-ME and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.
Fees may vary based on your location and other factors. If you are logged into your account, the currency you may see is based on your location when you created your account. However, the final fees charged to you will always be calculated in Euros; therefore, the final fees charged to you may vary depending on prevailing currency exchange rates offered by our payment providers.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.
You shall provide MULTI-ME information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that MULTI-ME may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method.
MULTI-ME reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).
Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on MULTI-ME website may not be the same as the price offered on our mobile applications.
8. REFUNDS
If within the first 14 days after you purchased a course or eBook you become dissatisfied, MULTI-ME will refund the full amount of your purchase and subsequently terminate your access to that course. Refunds will not be available if requested after this 14-day period. Due to possible currency exchange rate fluctuations with your local currency and the Euro, the refunded amount may be slightly higher or lower than your original paid amount.
In addition to the above, if you purchase a course or purchase any other paid service through a mobile or third-party marketplace (e.g., purchases through the Apple or Google Play App Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by MULTI-ME. Except as otherwise explicitly stated by MULTI-ME, the third-party marketplace will be solely responsible for making refunds under its refund policy and MULTI-ME will have no refund obligations. MULTI-ME disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
Refunds are not available for accounts which violate this Terms of Use or, according to MULTI-ME sole and absolute discretion, are otherwise objectionable.
If MULTI-ME determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund; (iii) To request a refund please contact us through our Web Form; (iv) MULTI-ME will apply your refund to your original payment method. In the event that your payment method does not support refunds or if you have blocked or deactivated your card, MULTI-ME will not be obligated to process the refund. (v) if you delete your account, no refund will be processed (even if applicable); (vi) Unfortunately, at this time, we are unable to offer partial refunds for your purchases.
9. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
We warrant to you that:
(a) your ebooks will be of satisfactory quality;
(b) your ebooks will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your ebooks will match any description of it given by us to you; and
(d) we have the right to supply your ebooks to you.
8.3 All of our warranties and representations relating to ebooks are set out in these terms and conditions. To the maximum extent permitted by applicable law. All other warranties and representations are expressly excluded.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MULTI-ME, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL MULTI-ME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MULTI-ME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless MULTI-ME, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information to you personally without knowing your personal circumstances. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MULTI-ME, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MULTI-ME. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Ireland without giving effect to any choice or conflict of law provision or rule (whether of the Ireland or any other jurisdiction).
These terms and conditions shall be governed by and construed in accordance with Irish law.
Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Ireland.
13. DISPUTE RESOLUTION
Generally. In the interest of resolving disputes between you and MULTI-ME in the most expedient and cost effective manner, you and MULTI-ME agree that any dispute arising out of or in any way related to these Terms of Use, your use of the Site or the Services or the purchase, receipt, order or use any of any course will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled "Generally" directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (b) seek injunctive relief in a court of law; or (c) to file suit in a court of law to address an intellectual property infringement claim.
USA Arbitration. Any arbitration between you and MULTI-ME will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail ("Notice"). MULTI-ME’s address for Notice is: 2001 Addison St., Suite 300, Berkeley, CA 94704 or legal@MULTI-ME.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or MULTI-ME may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MULTI-ME must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
No Class Actions. YOU AND MULTI-ME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MULTI-ME agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If MULTI-ME makes any future change to this arbitration provision, other than a change to MULTI-ME’s address for notice, you may reject the change by sending us written notice within 30 days of the change to MULTI-ME’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and MULTI-ME.
14. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. WAIVER AND SEVERABILITY
No waiver of by MULTI-ME of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MULTI-ME to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
16. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.
You may not assign this Terms of Use without the prior written consent of MULTI-ME, but MULTI-ME may assign or transfer this Terms of Use, in whole or in part, without restriction.
17. ENTIRE AGREEMENT
The Terms of Use constitute the sole and entire agreement between you and MULTI-ME with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Downloads, Products or Services.
18. TIME USAGE
Unless expressly stated otherwise, in order to maintain a global standard and ensure consistency in our services, all deadlines and times reported by MULTI-ME are based on IST time.
19. LANGUAGE
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
20. STATUTORY AND REGULATORY DISCLOSURES
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
21. YOUR COMMENTS AND CONCERNS
Please send any feedback, comments, requests for technical support, and any other communications relating to the Services to us through our Web Form or to conor@conorlyn.ch
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