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Maya Grossman Terms of Use

 

Effective Date: November 12th,  2021

 

These Terms of Use (the “Terms”) describe the terms and conditions governing your use of mayagrossman.com (the “Site”), and any and all services, data, software, applications and tools (collectively, the “Services”) provided by Maya Grossman (“we,” “us”, or “our”).

 

It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations.

 

By using the Site and our Services, or by clicking to accept or agree to these Terms, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use any portion of the Services. These Terms contain provisions that govern how claims between you and us are resolved (see Section 7 below).

 

You must be at least 18 years old to use the Services. By using or attempting to use the Services, you warrant that you are of legal age and are in compliance with these Terms. If you do not meet these requirements, do not use any portion of the Services

 

Terms of Use Highlights

 

You Accept These Terms

Each time you access and/or use the Site and/or Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively.

 

US Residents: Binding Arbitration of All Disputes; No Class Relief

For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.

 

Copyrights and Trademarks

You may not use, copy, reproduce, republish, upload, display, post, transmit, distribute, or license any content on this Site without Maya Grossman’s authorization or except as explicitly permitted in these Terms.

 

Disclaimer of Warranties

To the extent permitted by law, we disclaim any and all warranties and conditions and provide the Site “As is.”

 

Limitation of Liability

Our liability is limited in accordance with these Terms.

 

Collection of Information

You understand and agree that we will operate our Site and contact you and third parties at your request. You agree that we can use the information as long as you have an account for the time and reasons outlined in our Privacy Policy, incorporated herein.

 

Contact

Questions about our Terms may be sent to maya@mayagrossman.com or as otherwise set forth in the Terms.

 

Full Terms of Use

 

1. You Accept These Terms

 

If you do not agree with any of these Terms, including our Privacy Policy, please do not use this Site or any of the Services. By using this Site and/or the Services, you agree to be bound by these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding the use of this Site, unless otherwise expressly stated.
 

2. Updates to Terms

 

Maya Grossman reserves the right to change these Terms at any time. Please note that these Terms may be revised and reissued, with changes taking effect immediately when posted on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site and/or Services after any change of these Terms constitutes your acceptance of such changes. If you do not agree to any of the changes, your sole remedy shall be to discontinue use of the Website and/or Services.

 

3. Legal Capacity

 

By accessing the Services, you represent and warrant that you (i) are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside to form a binding contract with Maya Grossman, (ii) agree to at all times abide by these Term, and (iii) meet all of the eligibility requirements to register an account (“Account”) and use the Website and Services. If you do not meet all of these requirements, you must not access the Site and/or use, order, or receive any of the Services.

 

4. Accounts; The Information You Give Us Must be Correct

 

To access this Site or the Services, you may be asked to provide registration details in order to set up an Account. When you create an Account or provide career information on or through the Site, you agree that you are solely responsible for the accuracy of your User Content (as defined below). You further understand that we may keep and use data in various ways as outlined in these Terms and the Privacy Policy. You understand and agree that we may offer information that we may consider is of interest to you. You acknowledge that you have no ownership rights in your Account or an email account you might register with us. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If Maya Grossman believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your Account. All information provided through your Account will be utilized by us in accordance with the terms set forth in our Privacy Policy.

 

 

5. Disclaimer of Warranties
 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, MAYA GROSSMAN AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF MAYA GROSSMAN DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAYA GROSSMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAYA GROSSMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MAYA GROSSMAN MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MAYA GROSSMAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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6. Limitation of Liability
 

MAYA GROSSMAN DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF MAYA GROSSMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF MAYA GROSSMAN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF MAYA GROSSMAN IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, MAYA GROSSMAN’S CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100.

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7. Binding Arbitration of All Disputes; No Class Relief.
 

You and Maya Grossman agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section 7. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MAYA GROSSMAN HAVE AGAINST EACH OTHER ARE RESOLVED.
 

To the fullest extent permissible by law, with the exception of disputes pertaining to Maya Grossman’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Maya Grossman arising under these Terms shall be resolved exclusively through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 7 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Maya Grossman. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or based solely on written submissions, which election shall be binding on you and Maya Grossman, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Legal notices shall be served on Maya Grossman’s national registered agent (in the case of Maya Grossman) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
 

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

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8.Trademarks and Copyrights
 

This Site and materials provided by Maya Grossman on this Site, including data files, program files, software, codes and other materials that are made available to download from this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by Maya Grossman on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Maya grossman or others (“Trademarks”). Maya Grossman respects the intellectual property rights of others and asks users of this Site to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on the Site confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of Maya Grossman or any third party.

As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on the Services. If you find anything on the Services that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at maya@mayagrossman.com with the following information:

 

  • A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the infringing material and information reasonably sufficient to permit us to locate that material;

  • Your contact information, including your address, telephone number, and an e-mail address;

  • A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to us with the following written information:

 

  • A physical or electronic signature;

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which BattleHive may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

 

9.Your Use of Material
 

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.

 

You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Maya Grossman. Any authorization to copy or download Material granted by Maya Grossman in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

 

10. Forums

 

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE MAYA GROSSMAN OR CONTENT PROVIDED BY MAYA GROSSMAN. ANY CONTENT POSTED ON THE FORUMS MAY BE CONSIDERED PUBLIC INFORMATION AND YOU AGREE THAT ALL CONTENT YOU POST IN THE FORUMS IS DONE SO AT YOUR OWN RISK. MAYA GROSSMAN DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF MAYA GROSSMAN. MAYA GROSSMAN MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN MAYA GROSSMAN'S SOLE DISCRETION BUT IS UNDER NO OBLIGATION TO DO SO. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

11. Invited Submissions
 

From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site.

If you provide Invited Submissions, you grant Maya Grossman a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Invited Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant Maya Grossman the right to use the name you submit with Invited Submissions, if any, in connection with Maya Grossman’s rights hereunder.

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12. User Content

 

Your Account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials or any other information you provide on or through the Site or that we may create for you may not be able to be deleted once uploaded. We may use the public content to develop products, make connections with potential employers, personalize Site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including personal account information and resume information and/or providing any communication or material to Maya Grossman (“User Content”), you automatically and irrevocably:

(a) Retain ownership of your User Content, and grant and assign to Maya Grossman and any employer to which your User Content is provided a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Maya Grossman and/or by any person authorized by Maya Grossman, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(b)Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(c)Appoint Maya Grossman as your agent with full power to enter into any document and/or do any act Maya Grossman may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(d)Warrant that you are the author and/or owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;

(e)Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Maya Grossman shall not be liable for any use or disclosure of such User Content.

 

13. Deletion or Deactivation of User Content/Account

 

You may request that we delete your details.  I will retain any information you choose to provide to me until: (a) you ask me to delete the information, (b) my decision to cease using my existing data providers or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it. To exercise your rights please email  maya@mayagrossman.com.

 

14. Responsible Use of Site

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Please act responsibly when using this Site. You may only use this Site and its Services for lawful purposes and in accordance with the Terms and applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Maya Grossman, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.

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15. Content Limitations

 

In using the Site and/or Services, you shall not post resumes, send e-mails or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:

·   Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

·   Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

·   Violates any law or may be considered to violate any law;

·   You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

·   Advocates or promotes illegal activity;

·   Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

·   Solicits funds, advertisers or sponsors;

·   Includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;

·   Copies any other pages or images on this Site except with appropriate authority;

·   Amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites);

·   Disobeys these Terms and/or any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or

·   Contains links to other sites that contain the kind of content, which falls within the descriptions set out above.

 

In addition, you are prohibited from:

·   Removing any sponsorship banners or other material inserted by Maya Grossman anywhere on this Site (e.g., on any web space made available for your use);

·   Uploading or transmitting any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

·   Engaging in abusive treatment of other users of the Services or any Maya Grossman employee;

·   Creating a false identity for the purpose of misleading others or impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·   Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

·   Uploading or transmitting any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;

·   Deleting or revising any material posted by any other person or entity;

·   Registering, subscribing, attempting to register, attempting to subscribe, unsubscribing, or attempting to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;

·   Copying, reproducing, reverse engineering, modifying, decompiling, disassembling or otherwise attempting to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission and the appropriate third party, as applicable;

·   Commercializing all or any part of the Services;

·   Using any modified versions of Services, for any reason whatsoever, without the express written consent of Maya grossman;

·   Taking any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;

·   Attempting to gain any unauthorized access to the Site or the Services, including computer systems, software, or networks; or

·   Doing anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace

 

Maya grossman reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or Account. Maya Grossman may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy. or applicable law, Maya grossman reserves the right at all times to disclose any information as Maya Grossman deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Maya Grossman’s sole discretion. You also agree to reimburse Maya Grossman for any damage, loss, cost or expense Maya Grossman incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

 

YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE MAYA GROSSMAN TEAM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE MAYA GROSSMAN TEAM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE MAYA GROSSMAN TEAM OR LAW ENFORCEMENT AUTHORITIES.

 

16. Release

 

If you have a dispute with one or more users (including merchants), you agree that such dispute is solely between you and such user and to release Maya Grossman  from any an all claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown), arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

17. Indemnity

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You agree to indemnify and hold harmless Maya Grossman and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from (i) your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, (ii) your placement or transmission of any content onto Maya Grossman’s servers, including, without limitation, any allegation that any User Content or other materials you submit to us or transmit to the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party (iii) any and all use of your Account, (iv) your improper use of the Services and/or activities in connection with the Site, (v) termination of your access to the Site and/or Services, or (vi) your breach of any federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

 

18. Reservation of Rights

 

Maya Grossman reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and Services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

 

19. Third-Party Sites

 

This Site may link you to other sites on the Internet or provide third-party content  through the Services solely as a convenience to you. You acknowledge that these other sites are not under the control of Maya Grossman, and you acknowledge that Maya Grossman is not responsible for the accuracy of information or any other content of such sites. The content on third-party websites is the sole responsibility of the owner or operator of the linked website. The inclusion of such a link does not imply endorsement of any site by Maya Grossman or any association with its operators. Maya Grossman does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties. Any and all use and/or access to information provided by a third party website is done solely at your own risk.

 

20. Choice of Law

 

With the exception of Section 7 which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within San Francisco.

 

21. Notice for California Users

 

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

22. How To Contact Us

 

This Site is controlled and operated by Maya grosman. Please forward any comments or complaints about the Site to maya@mayagrossman.com. Please forward any questions regarding privacy to maya@mayagrosman.com and other legal matters to maya@magrossman.com.

 

23. General

 

These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and Maya Grossman relating to your use of our Services, and supersede all prior understandings and agreements between us. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by Maya Grossman shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. May gossman may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of Maya grossman, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or our provision of the Services. You may not enter into any contract on our behalf or bind us in any way. The terms and conditions set forth in these Terms are for your benefit only and not for the benefit of any third party except for Maya grossman’s permitted successors and assigns. By using the Site, you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside.

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