My Mind Boost

TERMS OF USE

MY MIND BOOST LLC

Last Updated on July 10, 2025

These Terms of Use describe your rights and responsibilities when using the MY MIND BOOST LLC website. Please read them carefully. 

1.     Introduction and Acceptance of Terms

The MY MIND BOOST LLC website on which these Terms of Use are posted, www.mymindboost.com, (including any of its related or affiliated websites, mobile sites and related applications) (all site features collectively, the “Site”) and the related services, features, functionality and content of the Site, including but not limited to, images, video, live content feeds and on-demand streams, software and other related downloads, the Site’s social networking applications, forums and blogs, if any (collectively, the “Content”), is provided by MMB LLC (“MMB”, “we” or “our”). The terms and conditions set forth in these Terms of Use (these “Terms of Use”) and in the MMB Privacy Policy (collectively, the “Policies”), govern your use of the Site. These Terms of Use constitute a written agreement regarding your use of the Site that affects your legal rights and obligations. By using the Site, you agree to abide by and will comply with the Policies and any modifications thereto that are posted.

2.     Site Content

Our Site (and all Content on our Site), our Programs (as defined herein) and any products and services offered may include information, instructions and materials relating to wellness topics, including, without limitation, diet, exercise and fitness, relationships and personal growth (collectively, “Wellness Content”). You acknowledge and agree that the following information and disclaimers shall apply to all of the Wellness Content. 

• Before participating in any diet, exercise or other Program (as defined herein), practice or methodology or using any diet, fitness or wellness products, including nutritional supplements and traditional, herbal, homeopathic or alternative remedies, or services that may be described and/or made accessible in or through the Site, we strongly recommend that you consult with a physician or other licensed health care provider. MMB and its staff are not licensed health care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional or medical care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or Program (e.g., exercise or diet) or any particular nutritional supplement or traditional, herbal or alternative remedy on any Condition. Neither MMB nor any contributor to MMB’s Site Wellness Content are rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing information and materials for general education about wellness topics. You acknowledge and agree that when participating in any diet, exercise, yoga or other related Program or other activity, practice or methodology presented in our Wellness Content, and/or when using any diet or fitness products or products or services described or provided in or through our Wellness Content, including nutritional supplements and traditional, herbal, homeopathic or alternative remedies, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.

• Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in our Wellness Content. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your Professional Care Provider with any questions or concerns you may have regarding any Condition that you may have before starting any exercise regime, making changes to your diet, taking any nutritional supplements or any traditional, herbal or alternative remedies or engaging in any other activity, practice, methodology or Program described in our Wellness Content.

• You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in our Wellness Content. Our Wellness Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or registered dietitian or other Professional Care Provider. It is important that our Wellness Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers. Unless you are a qualified Professional Care Provider, you should not give advice that might be construed as Professional Advice to any third party and, in no event should you rely on any of Our Wellness Content as a source of or basis for any such advice or as a basis for diagnosing or determining, independent of a Professional Care Provider, the treatment for any Condition. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your physician or other Professional Care Provider prior to using our Wellness Content or any of our products for any purpose. If you experience any discomfort or pain during an activity in our Wellness Content, such as a diet or exercise routine, or in connection with taking any nutritional supplements or any traditional, herbal, homeopathic or alternative remedies or engaging in any other activity, practice, methodology or Program described in our Wellness Content, you must immediately cease the activity and seek the assistance of a physician or other Professional Care Provider.

• MMB, or anyone working for MMB, is not licensed in providing investment or financial advice. Therefore, all Content provided on the Site relating to financial concepts, strategies, or markets is for informational and educational purposes only, is of a general nature and does not address the circumstances of any particular individual or entity. It is not intended to replace advice from a qualified financial advisor, tax advisor, or legal expert who can assess individual situations and provide tailored guidance. Before making any investment decisions or taking any action based on provided information, consult with a licensed financial professional. Investing involves risks, including potential loss. Past performance does not guarantee future results; therefore, carefully consider the risks involved before making investment decisions. You are solely responsible for any investment decisions or actions.

• MMB, its online courses, the presenters of those courses and the other presenters, authors or contributors to our Wellness Content are not accredited or evaluated by any governmental, academic or other independent body. The completion of MMB's online courses or a series of such courses or participation in any event operated by MMB does not convey academic credit which will be recognized or transferable to academic or educational institutions. Completion of an online course or series of such courses or participation in any event operated by MMB and any certificate or other evidence of such completion or participation provided by MMB may not be recognized by third parties, including employers, governmental bodies and academic or educational institutions, as imparting upon the participant any particular qualification, skill-set or fitness to practice or perform any particular task or profession, and MMB makes no representations or warranties to that effect.

3.     Ownership

The Site (including modifications) and all right, title and interest in and to the Content available through the Site are owned and controlled by MMB. The Site is protected by U.S. and international copyright, trademark, patent or other intellectual property rights and laws to the fullest extent possible. The Content and other features of the MMB website as well as the selection, arrangement, assembly, compilation and/or enhancement of the Content and any modifications, are owned by or licensed to MMB.

4.     General Use of the Site – Permissions and Restrictions 

4.1   Age Restrictions. You must be at least eighteen (18) years of age, be an emancipated minor, or, if over the age of thirteen (13), have the permission of your parent(s) or legal guardian(s), to participate in various features of the Site; to upload any User Content such as any personally-identifying information on or passed through the Site; participate in online contests (unless otherwise noted in the contest rules) or promotions, completing a survey, subscribing to a newsletter; and/or place an order for products on the Site; make a donation; and/or become a sponsor or volunteer. If you are under thirteen (13) years of age, please do not send any information about yourself, including your name, mailing address or email address without prior parental or guardianship consent. If you are under the age of majority in your state or jurisdiction of residence, you may only use this Site with the involvement of a parent or guardian who takes responsibility for your use and agrees to the Policies. If we discover that we have collected any personally-identifying information from a child under the age of thirteen (13) without prior parental or guardianship consent, we will remove that information from our database(s) as soon as possible.

4.2   Personal Use Only. You may use our Site only for personal purposes. You must not access or use for any commercial purposes any part of our Site or any products, services, content or materials available through our Site. Unless expressly agreed in writing by MMB, you may not access or purchase any content, product or service from our Site for resale or redistribution in any format. If you wish to make any use of the content or material on our Site or purchase any product or service from our Site other than solely for personal, non-commercial, purposes, please address your request to: [email protected]. We reserve the right to refuse any such request at our sole discretion.

4.3   Prohibited Activities. You may use the Site only for lawful purposes and in accordance with these Terms of Use. Therefore, you agree not to:

• Copy, alter, reproduce, create derivative works, remove, republish, post, publicly perform, publicly display, distribute, modify, broadcast, download, transmit, license or commercially exploit, in whole or in part, except as expressly permitted by MMB herein or by the respective Content owner as applicable and as permitted in any required end user license agreement if any provided that you include without any modification or alteration all copyright and other propriety notices contained in the Content;

• Collect or otherwise obtain any personally identifiable information from the Site or any Content available on the Site for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes;

• Disable, circumvent or otherwise interfere with security features of the Site or other features that prevent or restrict use or copying of any Content;

• Use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, and/or soliciting support for legislative or other related initiatives; and

• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm MMB or users of the Site or expose them to liability.

If you print, copy, modify, download or otherwise use, distribute or provide any other person with access to any part of our Site or any of our products and services in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Site or any content on our Site is transferred to you, and all rights not expressly granted are reserved by MMB. Any use of our 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.

4.4   Passwords. To the extent a password is provided to you for access to all or a portion of the Site, you agree to keep your password confidential and to notify MMB promptly if such password is lost, stolen or compromised. You acknowledge that you are fully responsible for all activities which occur under your password. 

5.     User Generated Content

The Site may contain interactive areas such as comment sections, discussion forums, blogs, bulletin boards or other interactive sections (“Interactive Sections”) that contain user generated content provided by users, including text, photos, videos or other materials and/or content (“User Content”). You are solely responsible for your use of any Interactive Sections and your use of them is at your own risk. All User Content will be considered non-confidential and non-proprietary, and MMB is free to use, copy, disclose, distribute and otherwise exploit any such User Content for any purpose that is not inconsistent with our Policies.

You are solely responsible for the User Content that you provide and any consequences of MMB posting, publishing or otherwise distributing them. By submitting your User Content to the Site, you affirm, represent, and/or warrant that: 

• The User Content is your own original work and/or you own or have the necessary rights to distribute and use the User Content on the Site in the manner contemplated by the Site and these Terms of Use;

• You own or have the rights, necessary licenses, consents and permissions for the upload, use and/or authorization for the use of all intellectual property or proprietary rights, including privacy and publicity rights, in and to any and all User Content to enable inclusion, distribution and other use of the User Content on the Site in the manner contemplated by the Site and these Terms of Use; 

• You have the written consent, release, and/or permission of each and every individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Content in the manner contemplated by the Site and these Terms of Use; 

• The User Content does not violate or infringe upon the rights of any person or entity; 

• The User Content does not violate any laws, rules or regulations; 

• The User Content is not an endorsement, express or implied, of any party, product or other entity; 

• The User Content is not in any way abusive, derogatory, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; and 

• You have not received payment or consideration of any kind for submitting the User Content to MMB for posting on the Site or otherwise.

Unless you obtain a separate written agreement with MMB, MMB does not claim ownership in User Content that you submit, however, by submitting User Content to MMB, you hereby waive any and all moral rights in connection with the User Content and you grant MMB and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of (including without limitation, to rename, edit, modify, reconfigure, reshape and use the User Content or portions thereof), publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Content in any and all media formats and distribution channels, including, but not limited to, the MMB services (including any promotion thereof), third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice. You further grant MMB and its licensees the right to contact you in connection with your User Content and to use your name, geographic location and other information that you have provided with the User Content.

You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Content (in whole or in part) as permitted through the Site and under these Terms of Use. 

By submitting any User Content to the site, you are consenting to its display throughout the Site and for related promotional purposes.

MMB does not endorse any User Content, or any opinions, recommendation or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. 

You acknowledge MMB has no obligation to, and does not in the normal course of business, monitor or control any User Content that you post on the Site and that MMB reserves the right to review and refuse to post, remove, screen or edit User Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we have questions/concerns about your User Content, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Content.

MMB may terminate your access to the Site for uploading material in violation of these Terms of Use, at any time, without prior notice and in its sole discretion.

6.     Changes to Site

6.1   Removal of Content. MMB does not allow for the infringement of intellectual property rights, including copyrights, trademarks or patents, etc. on the Site, and MMB will remove Content (including User Content) if properly notified that such Content infringes on another’s intellectual property rights. MMB reserves the right to remove Content (including User Content) without prior notice. Further, MMB reserves the right to change or discontinue temporarily or permanently any Content, or related services available through the Site at any time without notice. MMB will not be liable to you or any third party for any modification or discontinuance of the services therein.

6.2   Modifications. The terms listed within the Site may be modified by MMB from time-to-time without notice. Continuing to use the Site after a modification has been made will indicate your acceptance of the revisions made. You should refer back to the Site for future updates and modifications.

7.     Programs, Pricing and Refunds

7.1   Programs. Access to the online programs offered by MMB (the “Programs”) is made available for purchase on the Site. All Programs, products and services purchased through the Site shall be governed by these Terms of Use. In the event of any conflict between an order form contained on the Site and these Terms of Use, the order form shall prevail. Upon payment in full for a Program advertised as “lifetime access,” you will receive access to that Program for the duration of the time MMB operates the Site and the specific Program. We reserve the right to discontinue Programs and adjust the Site and Programs at our sole discretion.

7.2   Pricing and Payment. Please see the Site for the prices associated with each Program which can be paid in full at the time of purchase or pursuant to any installment payment plan that we make available. All prices listed on the Site are exclusive of any applicable taxes and fees in connection with your purchase. You grant us permission to automatically charge the applicable fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. Payments for Programs, products and services purchased are processed using the services of a third-party service provider. Our Site does not collect or maintain any payment information. MMB is not obligated to provide any new services until all balances are paid in full by you and may automatically charge your designated payment method for any amounts due and owing and/or discontinue services and remove access to your account if amounts due and owing are not paid in full by their due date. MMB reserves the right to correct any incorrect charges and revise your order accordingly.

7.3   Refunds. To be eligible for a refund, you must make a refund request to [email protected] within the applicable time period for your Program. Our standard refund policy is a 30-Day, 100% Money-Back Guarantee. If you're not completely satisfied with your purchase, just email [email protected] during the first 30 days and show us your completed exercises and share the reason you believe you are not getting results. We'll refund 100% of the purchase price. This policy does not cover Programs, products or services that require a modified or unique refund policy.

7.4   Cancellations. Except for refunds allowed under Section 7.3, all sales of Programs, products and services are final, and you will not be entitled to a refund for any Program, product or service once it has been purchased unless agreed to in writing by MMB. 

8.     Intellectual Property

8.1   Trademarks. All trademarks, service marks, design marks, logos, positioning statements and trade names are proprietary to MMB or the respective owner. All rights are reserved by the respective owners. You may not use any MMB provided service marks, logos or graphics, without MMB’s prior written consent.

8.2   Copyrights. All rights, including any intellectual property rights therein, and to this Site, Content and associated materials are owned by or licensed to MMB, or otherwise used by MMB as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to MMB by the user as provided for herein.

If you are a copyright owner or an agent of a copyright owner and believe that any Content on the Site infringes upon your copyrights, you may submit a notification to MMB’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. All notifications of claimed copyright infringement should be sent to [email protected]. 

9.     Links to Third Party Sites and Other Services

The Site may contain links to other Internet sites, applications and services maintained by third parties, over which MMB has no control. MMB does not endorse the content, operators, products or services of such sites, and MMB is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such third-party sites. You further acknowledge and agree that MMB shall not have any liability whether direct or indirect or otherwise, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

MMB services may also include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. Please be aware that any third-party services are unrelated to MMB and that your use of the third-party services is subject to the terms and policies of those specific services.

10.     User’s Obligations to Abide by Applicable Law

In connection with these Terms of Use of the Site, you shall abide by all applicable federal, state and local laws, including, but not limited to the laws regarding those such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Laws”). The Content may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

11.     Prohibition Against Outside Programming

You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, worm or other outside programming. MMB has no obligation to detect the presence of any such software or programming (“Rogue Programming”). Any downloading of software or other materials or any other use of the information on the Site is at your own risk. Adequate precautions should be taken to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

12.     Online Communications

Please note that any online communications may not be fully confidential. Some personnel of MMB may, in the course of their regular duties, have access to communications for technical or operational purposes. MMB may have access to such communications and may need to disclose any communications to the extent permitted or required by law.

13.     Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MMB DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE MMB SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND/OR THAT ANY CONTENT IS FREE OF ERROR, BUGS OR MALICIOUS OR ROGUE SOFTWARE. NO ADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.     Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MMB AND/OR ITS AFFILITATES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE MMB SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, MMB and its affiliates, and/or licensors, and their respective trustees, directors and employees FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS’ FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE MMB WEBSITE OR FAILURE TO ABIDE BY APPLICABLE LAW.

15.     Limitation of Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MMB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE MMB SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLE ON THE MMB WEBSITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS OR ANY OTHER FAILURE OF PERFORMANCE.

16.     Privacy Policy

MMB respects the privacy of the visitors to the Site. Please also review MMB’s Privacy Policy to understand the additional Terms of Use that apply to your use of the Site.

17.     General Provisions

17.1   Entire Agreement. The Policies constitute the entire agreement between you and MMB and govern your use of the Site, superseding any prior version of these Terms of Use between you and MMB with respect to the Site.

17.2   Governing Law and Venue. All parties hereby bound agree that these Terms of Use and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute that is not subject to binding arbitration, you and MMB will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Alameda County, California as the legal forum for any such dispute (except for small claims court actions which may be brought in the county where you reside). You hereby agree to submit to the personal jurisdiction of the courts located within Alameda County, California and agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17.3   Binding Arbitration and Class Action Waiver. If you live in the U.S. or another jurisdiction which allows you to agree to arbitration, you and MMB agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms of Use, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, validity or enforceability of these Terms of Use and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms of Use or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”). Claims will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms of Use as well as Claims that may arise after the termination of these Terms of Use.

This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and MMB also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision. 

YOU AND MMB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MMB are instead electing that all Claims shall be resolved by arbitration under this arbitration agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this arbitration provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions of the subsection below related to batch arbitration. Notwithstanding anything to the contrary in this arbitration provision, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and MMB agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Alameda County, California. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or MMB from participating in a class-wide settlement of claims.

17.4   Assignment. You may not transfer, subcontract, license or assign any rights or duties under, or interest in, these Terms of Use which are personal to you, without the prior written consent of MMB. 

17.5   Severability. If any term, condition or obligation of these Terms of Use, or the application of any term, condition or obligation to the parties or to any other persons (including firms, partnerships, corporations or any combination), is to any extent held invalid or unenforceable under any applicable legislation or rule of law, such holding will be applied only to that provision(s), with the remainder of these Terms of Use remaining in full legal force and effect.

17.6   Waiver. The express rights and remedies of MMB set out in these Terms of Use are in addition to and will not limit any other rights and remedies available to MMB at law or in equity. Any failure by MMB to insist on strict performance and compliance by you of any term, right or remedy under these Terms of Use will not be construed as a waiver by MMB of its right to require strict performance of any such term, right or remedy, and your duties with respect to such contractual performance will continue in full force and effect. 

17.7   Attorney’s Fees. In the event that any legal action or any other proceeding is commenced to enforce any provision of these Terms of Use or as a result of a breach, default or misrepresentation in connection with any provision of these Terms of Use, the successful or prevailing party shall be entitled, in addition to any other relief to which said party may be entitled, to recover actual attorneys’ fees and costs incurred in such action or proceeding.

17.8   Successors and Assigns. You agree to be bound, as are your successors, executors, administrators and legal representatives, in respect of all terms, conditions and obligations pursuant to these Terms of Use. 

If you have any questions about the MMB Terms of Use, please contact MMB at [email protected].