Last updated November 27, 2022
PLEASE READ THESE USER TERMS (“USER TERMS” OR “AGREEMENT”) CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION REQUIRING ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS.
These User Terms constitute a legally binding agreement made between you (“you” or “your”) and Maavee, Inc. (“Company“, “we”, “us”, or “our”), concerning your access to and use of the Maavee Service (defined below) including but not limited to the Content (defined below) as well as any other form of media, media channel, website or mobile application related, linked, or otherwise connected thereto (collectively, the “Maavee Service”). We are registered in Delaware, United States and have our registered office at 8033 W. Sunset Blvd., PMB 1031, West Hollywood, CA 90046.
THESE USER TERMS GOVERN YOUR ACQUISITION AND USE OF THE MAAVEE SERVICE. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH IN SECTION 28 AND OTHERWISE SPECIFIED HEREIN.
BY USING MAAVEEGOODS.COM OR DOWNLOADING, INSTALLING AND ACCESSING THE MAAVEE APP (DEFINED BELOW), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE MAAVEEGOODS.COM OR DOWNLOAD, INSTALL OR ACCESS THE MAAVEE APP.
The Maavee Service may not be accessed for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.
Maavee’s direct competitors are prohibited from accessing the Maavee Service, except with Maavee’s prior written consent.
This Agreement was last updated the first data written above. It is effective between you and Maavee as of the date of your acceptance of this Agreement (the “Effective Date”).
The Maavee Service is a software platform that is accessible through various user interfaces (such as the Maavee App, MaaveeGoods.com, and other websites or mobile applications through which the Maavee Service is available. These user interfaces shall offer various features and functionality such as Content, a marketplace of curated Brand Partner Products that may be purchased using acceptable forms of payment. In the Maavee App, such forms of payment include funds in your User Wallet according to the terms and conditions of this Agreement.
IF YOU DO NOT AGREE WITH ALL OF THESE USER TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MAAVEE SERVICE, ITS CONTENT AND/OR THE BRAND PARTNER PRODUCTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these User Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these User Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable User Terms every time you use our Maavee App so that you understand which User Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised User Terms by your continued use of the Maavee App after the date such revised User Terms are posted.
The information provided in the Maavee Service is 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Maavee Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Maavee Service is not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Maavee Service. You may not use the Maavee Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Maavee Service is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Maavee Service. If you are a minor, you must have your parent or guardian read and agree to these User Terms prior to you using the Maavee Service.
All right, title, and interest in and to the Maavee Service, including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Maavee Service and all modifications, enhancements, derivative works, and intellectual property rights thereto shall belong solely to Maavee and/or its applicable clients, suppliers, partners, and Brand Partners. All trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. The Maavee Service and the Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Marks and the Maavee Service, including but not limited to the content made available as part of the Maavee Service that is either (a) developed by Maavee, (b) obtained by Maavee from publicly available sources, or (c) secured from third-party providers or partners for which Maavee is authorized to distribute (collectively, the “Content”), are provided “AS IS” with no express or implied warranties of any kind. Except as expressly provided in these User Terms, no part of the Maavee Service may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.1 By using the Maavee Service you represent and warrant that: (a) all User Data (defined below) that you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such User Data as necessary; (c) you have the legal capacity and you agree to comply with these User Terms; (d) you are not under the age of 13; (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Maavee Service; (f) you will not access the Maavee Service, Content or the Brand Partner Products through automated or non-human means, whether through a bot, script or otherwise; (g) you will not use the Maavee Service for any illegal or unauthorized purpose; and (h) your use of the Maavee Service, Content or the Brand Partner Products will not violate any applicable law or regulation. “User Data” means information we collect from you through the Maavee Service. User Data may include, without limitation, name, birthdate, profile picture, personal email address, mobile phone number, billing address, shipping address, and activity data collected through the Maavee Service.
3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, shipments may be delayed or returned as undeliverable, and we have the right to suspend or terminate your account and refuse any and all current or future use of the Maavee Service (or any portion thereof). You may not use the Maavee Service for any illegal or unauthorized purpose nor may you violate any laws.
3.3 We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Maavee App, including but not limited to the Content or Brand Partner Products displayed or offered through the Maavee App. You understand and agree that the Content of the Maavee App does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Content. We do not endorse or recommend any Brand Partner Products.
You are required to register with the Maavee App in order to access the Maavee Service, including but not limited to Content and Brand Partner Products. The Maavee App does not require a user name or password; however, you will be authenticated using your mobile number and the two-factor authentication code provided to you via SMS whenever authentication is required to access the Maavee Service. If you need to change your mobile number, you must update your user profile or contact Maavee at email@example.com.
You are not required to register with MaaveeGoods.com in order to access the Maavee Services, including but not limited to Content and Brand Partner Products. When making purchases at MaaveeGoods.com, you may create a secure account to store User Data such as name, billing address, shipping address, password, and order history. We do not store credit card information. You may also make purchases as a “guest” and forego storing any personal data. If you checkout as a guest, your order history will not be accessible to view.
5.1 The Maavee Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Brand Partner Materials“). We make every effort to display or describe as accurately as possible the colors, features, specifications, and details of the Brand Partner Products available through the Maavee Service. However, we do not guarantee that the colors, features, specifications, and details of the Brand Partner Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. You acknowledge and agree that we are not responsible for Brand Partner Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Brand Partner Materials. Brand Partner Materials and links thereto are provided solely as a convenience to you, and your access and use of them are at your own risk.
5.2 All Brand Partner Products are subject to availability, and we cannot guarantee that Brand Partner Products will be in stock. Certain Brand Partner Products may be available exclusively online through the Maavee Service. Such Brand Partner Products may have limited quantities and are subject to return or exchange according to our Return Policy, incorporated by reference herein.
5.3 We reserve the right to limit the quantities of the Brand Partner Products offered or available through the Maavee Service. All descriptions or pricing of the Brand Partner Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Brand Partner Products at any time for any reason. We do not warrant that the quality of any of the Brand Partner Products purchased by you will meet your expectations or that any errors in the Maavee Service will be corrected. Purchase of any Brand Partner Products may be subject to your acceptance of the Brand Partner’s terms and conditions. Maavee shall not be liable for any breach of such terms by the Brand Partner or for any failure or delay to provide Brand Partner Products. Your purchase of any such products or services, and any exchange of data between you and any Brand Partner is solely between you and the applicable Brand Partner. Maavee does not warrant or support Brand Partner Products or other non-Maavee products or services. Maavee is not responsible for any disclosure, modification or deletion of User Data resulting from access by such Brand Partner or its provider.
5.4 You agree that in order to fulfill your order of any Brand Partner Product, Maavee will securely transmit the necessary User Data to the Brand Partner for delivery of a physical product or activation of a digital service. Once the transmission of such User Data is completed, Maavee is not responsible for the security or privacy of such data.
6.1 Brand Partner Products may be purchased through the Maavee Service using the forms of payment listed below. If using the Maavee App, an additional form of payment, Maavee Cash, may be used. Maavee Cash may be added to your User Wallet, called “value loading,” at any time, subject to the restrictions set forth herein. The initial value load, as well as each value reload, is referred to in this Agreement as a “load”. Your User Wallet may be loaded via (i) a deposit from an organization with which your User Account is associated (typically and Maavee client or partner), including Maavee, or (ii) other manners determined by Maavee from time to time. Purchases may be made within the Maavee Service using the following forms of payment:
6.2 Maavee App users are not allowed to apply in excess of the available amount of Maavee Cash in their User Wallet through an individual transaction or a series of transactions. Nevertheless, if the amount due in any Purchase transaction exceeds the amount of Maavee Cash you have chosen to apply to such Purchase, you shall remain fully liable to Maavee for the difference between the amount of Maavee Cash applied and the remaining amount due for the Purchase transaction together with any applicable fees using one of the other acceptable forms of payment.
6.3 Maavee App users have no property rights in Maavee Cash, and Maavee Cash can only be used as described here. Maavee Cash has no cash, monetary, or other value, and cannot be redeemed in whole or in part for money. Your Maavee Cash balance or any part thereof is transferable using the “GIFT WELLNESS TO OTHERS” feature so long as that feature is available as part of the Maavee Service and any designated recipient is or becomes an Active User. Maavee Cash cannot be divided as part of a settlement, legal proceeding, or death. Maavee Cash may not be brokered, bartered, attached, pledged, or sold. Expired Maavee Cash cannot be redeemed, and you must be an Active User of the Maavee App in order to redeem Maavee Cash.
6.4 You agree to provide current, complete, and accurate purchase, billing, shipping, and account information for all purchases of the Brand Partner Products made via the Maavee Service. You shall be solely responsible for any costs associated with incorrect or inaccurate information. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
6.5 Sales tax will be added to the price of purchases as deemed required by state and local tax authorities.
6.6 We reserve the right to refuse any order placed through the Maavee Service.
7.1 Please review our Return Policy, which is incorporated herein by this reference and posted on the Maavee Service prior to making any purchases.
7.2 If Maavee App users are entitled to a refund for any reason for Brand Partner Products obtained with Maavee Cash, including any portion of a Purchase transaction, you agree to accept credits to your User Wallet for such refunds, including portions thereof, and agree to the refund policy of Maavee or the relevant Brand Partner. Neither the organization that provided the Maavee Service to you nor Maavee are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from Brand Partners with any available form of payment, including Maavee Cash.
7.3 Any disputes should be presented directly to Maavee, which will help to facilitate a resolution. When appropriate, Maavee may put you in touch with a Brand Partner directly to address and handle the dispute. As set forth above, the purchase of any Brand Partner Product may be subject to your acceptance of the Brand Partner’s terms and conditions. Maavee shall not be liable for any breach of such terms by the Brand Partner or for any failure or delay to provide Brand Partner Products.
8.1 You may not access or use the Maavee Service for any purpose other than that for which we make the Maavee Service available. The Maavee Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
8.2 As a user of the Maavee Service, you agree not to:
9.1 Use License
Subject to the terms of this Agreement, Maavee grants you a revocable, non-exclusive, non-transferable, limited right to (a) download, install, and use the Maavee App and Content for your personal, non-commercial use on a single smartphone (e.g., iPhone or Android) owned or controlled by you on which the Maavee App is stored (“User Device“) strictly in accordance with the Maavee App’s documentation; and (b) access, stream, download, and use on such User Device the Content and Maavee Services made available in or otherwise accessible through the Maavee App, strictly in accordance with this Agreement and the User Terms applicable to such Content and Maavee Services. This Use License may be obtained by you as a consumer directly through Maavee or provided to you by an organization that has authorized you to access the Maavee Service. Maavee may, at its sole discretion charge a subscription fee for the Use License.
9.1.1 You shall not:
9.2. Apple and Android Devices
The following terms apply when you use a mobile Maavee App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Maavee Service:
9.2.1 The license granted to you for our mobile Maavee App is limited to a non-transferable license to use the Maavee App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
9.2.2 We are responsible for providing any maintenance and support services with respect to the mobile Maavee App as specified in the terms and conditions of this mobile Maavee App license contained in these User Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile Maavee App;
9.2.3 In the event of any failure of the mobile Maavee App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile Maavee App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile Maavee App;
9.2.4 You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties;
9.2.5 You must comply with applicable third-party terms of agreement when using the mobile Maavee App, e.g., if you have a VoIP Maavee App, then you must not be in violation of their wireless data service agreement when using the mobile Maavee App; and
9.2.6 You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile Maavee App license contained in these User Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile Maavee App license contained in these User Terms against you as a third-party beneficiary thereof.
9.3 Content and Services
The Maavee App may provide you with access to Maavee’s website located at www.gomaavee.com including an explanation of certain features, functionality, and content accessible on or through the Maavee App or content available on the website (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by website’s policies noted below:
The Maavee Service may provide you with access to Maavee’s website located at www.maaveegoods.com including access to certain features, functionality, and content accessible within the Maavee Service or content available on the website (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by website’s policies noted below:
Your access to and use of such Content and Services may require you to acknowledge your acceptance of such policies. Any violation of such policies will also be deemed a violation of this Agreement.
Maavee may from time to time in its sole discretion develop and provide updates to the Maavee Service, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Maavee has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities. For Maavee App users and based on your User Device settings, when your User Device is connected to the internet either of the following will occur: (a) the Maavee App will automatically download and install all available Updates (it is recommended that you enable this setting in the operating system of your User Device); or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Maavee App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Maavee App and be subject to all terms and conditions of this Agreement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Maavee Service, Content, or the Brand Partner Products (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to:
As used herein, “Confidential Information” means all confidential and proprietary information we disclose to you, whether orally or in writing, that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes without limitation these User Terms, the Service, product designs, and business processes. You shall (a) not disclose or use any Confidential Information for any purpose outside the scope of these User Terms; and (b) protect the confidentiality of the Confidential Information you receive using no less than reasonable care. If you are compelled by law to disclose Confidential Information, you shall provide us with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at our cost, if we wish to contest the disclosure. If you disclose or use (or threatens to disclose or use) any Confidential Information in breach of confidentiality protections hereunder, we may, in addition to any other remedies available to us, obtain injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.
14.1 The term of Agreement commences when you begin using the Maavee Service. For Maavee App users the term begins when you download the Maavee App and complete the account activation process to become an Active User and will continue in effect until terminated by you or Maavee as set forth in this Section 14.
14.2 You may terminate this Agreement by discontinuing your use of the Maavee Service. For Maavee App users, you are required to delete the Maavee App and all copies thereof from your User Device.
14.3 For Maavee App users, so long as there is a Maavee Cash balance in your User Wallet or there is activity within the prior 180-day period, your account will remain active. Maavee will notify you via email or text message if your account is deemed inactive. You may terminate your account at any time through a formal request to Maavee at firstname.lastname@example.org. It is your responsibility to redeem all Maavee Cash in your User Wallet by (i) making a purchase of a Brand Partner Product, or (ii) applying it to other acceptable activities that may be available as part of the Maavee Service prior to requesting that your account be terminated. Any unused Maavee Cash will expire at the time of any such request. If your Maavee Cash expires and if allowed by applicable laws, Maavee may (i) escheat it to your state of residence; (ii) donate it to charity of Maavee’s choosing; or (iii) retain it. Account termination may result in destruction of any User Data associated with your account, which cannot be returned to you nor reinstated once terminated.
14.4 Maavee may terminate this Agreement at any time without notice if it ceases to provide the Maavee Service or support the Maavee App, which Maavee may do in its sole discretion. In addition, this Agreement may be suspended or terminated immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Maavee has the sole discretion to determine whether you are in violation of these User Terms.
14.5 Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Maavee Service; and, for Maavee App users, you must delete all copies of the Maavee App from your User Device. We will attempt to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, otherwise harmful to the rights or property of Maavee, or for any other reason deemed reasonable by us. Termination will not limit any of Maavee’s rights or remedies at law or in equity.
15.1 We reserve the right to change, modify, or remove the contents of the Maavee Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information through the Maavee Service. We also reserve the right to modify or discontinue all or part of the Brand Partner Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Maavee Service or the Brand Partner Products.
15.2 We cannot guarantee the Maavee Service and the Brand Partner Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Maavee Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Maavee Service or the Brand Partner Products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Maavee Service or the Brand Partner Products during any downtime or discontinuance of the Maavee Service or the Brand Partner Products. Nothing in these User Terms will be construed to obligate us to maintain and support the Maavee App or the Brand Partner Products or to supply any corrections, updates, or releases in connection therewith.
These User Terms and your use of the Maavee Service and the Brand Partner Products are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
17.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these User Terms (each “Dispute” and collectively, the “Disputes“) brought by either you or us (individually, a “Party” and collectively, the “Parties“), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
17.2 Binding Arbitration
17.2.1 If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.2.2 If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Maavee App of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these User Terms.
17.2.2 If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information provided through the Maavee Service that contains typographical errors, inaccuracies, or omissions that may relate to the Brand Partner Products, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information provided through the Maavee Service at any time, without prior notice.
THE MAAVEE SERVICE, CONTENT, BRAND PARTNER MATERIALS AND THE BRAND PARTNER PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MAAVEE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MAAVEE SERVICE, CONTENT, BRAND PARTNER MATERIALS AND THE BRAND PARTNER PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY BRAND PARTNER LINKED TO THE MAAVEE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MAAVEE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MAAVEE SERVICE OR THE BRAND PARTNER PRODUCTS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MAAVEE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAAVEE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED OR CLAIMS MADE BY A THIRD PARTY THROUGH THE MAAVEE SERVICE, INCLUDING BUT NOT LIMITED TO ANY BRAND PARTNER OR BRAND PARTNER PRODUCT FEATURED IN ON ANY PAGE, SCREEN, IN CONTENT, OR ON ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO BRAND PARTNERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MAAVEE APP OR THE BRAND PARTNER PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your misuse of the Maavee Service or breach of these User Terms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain User Data that you transmit to the Maavee Service for the purpose of managing the performance of the Maavee Service and to fulfill the Purchase of Brand Partner Products, as well as data relating to your use of the Brand Partner Products. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken through the Maavee Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Using the Maavee Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Maavee Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MAAVEE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
The Maavee Service may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not directly or indirectly, export, re-export, or release the Maavee Service to or make the Maavee Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Maavee Service available outside the U.S.
The Maavee Service is commercial computer software, as defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Maavee Service as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
These User Terms and any policies or operating rules posted by us through the Maavee Service, on our websites, or in respect to Content and Brand Partner Products constitute the entire agreement and understanding between you and us and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Maavee Service. Our failure to exercise or enforce any right or provision of these User Terms shall not operate as a waiver of such right or provision. These User Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these User Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these User Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these User Terms or use of the Maavee Service or Brand Partner Products. You agree that these User Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these User Terms and the lack of signing by the Parties hereto to execute these User Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE USER TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
In order to resolve a complaint or to receive further information regarding the Maavee Service or the Brand Partner Products, please contact us at:
8033 W. Sunset Blvd., #1031
West Hollywood, CA 90046
Phone: +1 (424) 209-8715
“Brand Partner” means Maavee itself or providers with which Maavee has, at its sole discretion, entered into an agreement to resell or distribute Brand Partner Products.
“Brand Partner Products” or “BPP” means Brand Partner’s products or digital services selected by Maavee to be available for resale to Active Users through the Maavee Service.
“Maavee Cash” The virtual tender that may be used as a form of payment for Brand Partner Products or other uses available within the Maavee App.
“Maavee Service” means the generally available web-based, online, hosted software (including the Maavee App) including, without limitation, all corrections, updates, modifications, releases, versions, and enhancements to such software that Maavee generally releases to its customers and that includes features, Content, and a marketplace of Brand Partner Products available for purchase by Active Users.
“Purchase” means a transaction in which an Active User selects and pays for a Brand Partner Product using an acceptable form of payment and, in doing so, acknowledges and accepts these User Terms and other applicable policies.
“User Data” means information collected by Maavee directly from users through the Maavee Service. User Data may include, without limitation, name, birthdate, profile picture, work email, personal email address, mobile phone number, billing address, shipping address, and activity data collected in order to and while using the Maavee Service.
“User Wallet” means the virtual wallet functionality of the Maavee App that holds Maavee Cash to be used as a form of payment for a Purchase and that tracks Maavee Cash inflows, outflows, and balances.