MiNeeds Terms of Use and Service Agreement
Thank you for your interest in the MiNeeds, an internet platform ("Website") owned and operated by MiNeeds, Inc., a Washington State corporation. MiNeeds provides consumers ("Users") an online venue to solicit bids for trades and services from service providers and professional in various lines of work and commerce (collectively hereinafter referred to as "Service Providers"). Please read this Terms of Use and Service Agreement ("Agreement") in its entirety to become a member ("Member") of the MiNeeds Website.
definitions.
The words and expressions below are used throughout this Agreement and where they are used they shall have the following meanings:
Bid. A Bid means an offer from a Service Provider to provide services at a certain dollar amount for a specific need posted by a User. A Bid is deemed use once submitted on a Need, whether accepted by a User or rejected.
Commission Fee. A Commission Fee means the sum of money payable to MiNeeds in accordance with commission percentage outlined in the Subscription Package the Service Provider purchases from MiNeeds.
Earnings. Earnings mean the total net pay, minus any deductions required by law, which the Service Provider receives from the User for personal services rendered for the posted need that was bidded upon by the Service Provider, and accepted by the User.
Member. A Member is any User, Subscriber and/or Service Provider that registers with MiNeeds and makes use of and/or benefits from the Website.
MiNeeds. MiNeeds means MiNeeds, Inc., a Washington Corporation with its corporate office located in Seattle, Washington.
Need. A Need means the descriptive service or work posted by a User on the Website for the purposes of soliciting a Bid from one or more than one Service Provider.
PreBid. A PreBid means any form of communication, whether written, verbal or electronic that is made between a User and Service Provider in relation to a posted need.
Service Provider. A Service Provider means an individual, organization or any other recognized legal entity that submits a bid to perform a particular service posted by a User.
Subscriber. A Subscriber is a paying Service Provider that purchases one of the Subscription Plans offered by MiNeeds.
Subscription Package. A Subscription Package means one of the three bidding options available to Service Providers and Subscribers of MiNeeds.
User. A User means any registered Member of MiNeeds who posts an online need for a service on the Website within the category of trades and services provided by the MiNeeds Website.
Website. The internet platform operated by MiNeeds, Inc. for use in the United States which can currently be found at www.mineeds.com.
Acknowledgment and Acceptance of Terms of Use and Service Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of a Member's use of the Website. By clicking on "I agree" below, and by completing the registration process to become a Member of the MiNeeds, you accept and agree to be bound by the terms of this Agreement, whether or not you register as a Member of MiNeeds. If you wish to become a Member of MiNeeds and make use of the MiNeeds Website, please read this Agreement carefully. This Agreement includes MiNeeds Privacy Policy, MiNeeds' the terms and conditions related to a Subscription to MiNeeds and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. Please be advised that you also have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to Info@mineeds.com or a letter and self-addressed stamped envelope to: MiNeeds, Inc. 600 1st Avenue, Ste. 428, Seattle, Washington 98104.
Description of MiNeeds Website Service.
MiNeeds provides an online venue for Users to solicit bids from Service Providers for purposes of satisfying a specific need (i.e. car repair, a massage, carpentry, legal representation, etc.). Upon posting a need, a registered Service Provider in a particular trade or profession receives an automated email from MiNeeds that informs the Service Provider that a User is in need of a service for which the Service Provider has registered for with MiNeeds. Subject to the Subscription Package that the Service Provider has purchased from MiNeeds, the Service Provider is then provided the opportunity to either communicate with the User regarding the needed service ("PreBid") and/or submit an online Bid to perform the service. The User then has the opportunity of accepting a Bid and employing the services of the Service Provider. There is no charge or fee to a User to use the MiNeeds Website nor any obligation to accept a Bid; however, once a User accepts a Bid, a contractual relationship is made by between the User and Service Provider for the Bid amount that was posted for specified need.
Following the Service Provider performing the service for the User, the Service Provider shall report all Earnings to MiNeeds for the requested service that was posted by the User on the Website. Upon the reporting to MiNeeds of the Earnings made, the Service Provider's credit card will be charged a Commission Fee by MiNeeds that is equal to Commission Fee percentage contained in the Subscription Package that the Service Provider has purchased from MiNeeds.
Both the User and the Service Provider shall be afforded the opportunity to post an electronic review of the service and the details of transaction between the User and Service Provider. This review shall be made public on the Website and available for all who logon to the Website.
Free Membership
You may become a Member of the Website at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Website. In order to access additional features and services, including the ability to make multiple Bids to Users within a given time period, you must purchase a Subscription Package from MiNeeds. For purposes of this Agreement the term "Member" includes a Subscriber, unless where its usage indicates otherwise. From time to time, MiNeeds may remove the profiles of Non-Subscribers.
MiNeeds Subscription Packages and Pricing For Service Providers.
A Subscription Package refers to one of three bidding options offered to Service Providers on the Website. These bidding options either restrict the number of Bids permitted by a Service Provider within a 30 day period or allow the Service Provider to make a certain number of Bids in response to Needs posted by Users. The current Subscription Package and Commission Fees offered to Service Providers and Subscribers by MiNeeds is discussed below and outlined in the chart following this paragraph.
|
Subscription |
Subscription |
Commission |
Number
Unrestricted |
Number
Restricted |
|
Free |
$0.00 |
2% |
0 |
Unlimited |
|
Basic |
$6.99 |
1% |
1 |
Unlimited |
|
Gold Package |
$24.99 |
1% |
5 Bids per month |
Unlimited |
Free Subscription Package. Subject to the conditions stated herein, a registered Service Provider is permitted to PreBid or Bid on a Need for free. A Service Provider shall be restricted from making a PreBid or Bid on a Need if the Service Provider fails to submit a PreBid or Bid on a Need prior to the third submission of a PreBid or Bid by another Service Provider. In other words, a Service Provider must be one of the first three pre-bidders or bidders on any posted Need, otherwise he/she shall be restricted from making a Bid on that specified Need.
Basic Package. A Subscriber of the Basic Package pays $6.99 per bid and is entitled to all the benefits contained in the Free Subscription Package. In addition, a Subscriber is enabled to submit a single unrestricted Bid once a month. If the Subscriber does not submit a Bid within a month, that Bid is automatically carried over into the following month until it used by the Subscriber; it does not expire. Please be advised that whether a User accept or rejects a Bid, the Bid shall be deemed utilized by the Subscriber once submitted on a posted Need. A PreBid shall qualify as a Bid for purposes of the Basic Subscription Package. The Basic Subscription Package expires when the Subscriber has used all Bids. If the Subscriber desires to purchase additional Bids, this must be done by the Subscriber affirmatively purchasing additional Bids from MiNeeds, Bids will not be automatically purchased. A "month" under the Basic Subscription Package shall equate to a 30 day period.
Gold Package. A Subscriber of the Gold Package pays $24.99 per month and is entitled to all the benefits contained in the Free Subscription Package. In addition, a Subscriber is enabled to submit five unrestricted Bids once a month. If the Subscriber does not submit a Bid within a month, that Bid is automatically carried over into the following month until it used by the Subscriber; it does not expire. Please be advised that whether a User accept or rejects a Bid, the Bid shall be deemed utilized by the Subscriber once submitted on a posted Need. A PreBid shall qualify as a Bid for purposes of the Gold Subscription Package. If the Subscriber desires to purchase additional Bids, this must be done by the Subscriber affirmatively purchasing additional Bids from MiNeeds, Bids will not be automatically purchased.
Reporting of Earnings and Commissions Fees.
A Service Provider shall pay MiNeeds a Commission Fee equal to the percentage rate contained in the Subscription Package purchased by the Service Provider. The actual amount paid to MiNeeds from the Service Provider shall depend upon the Earnings received as compensation from a User for services performed on the posted Need that the Service Provider placed a Bid on.
For the purposes of this Agreement, Earnings shall mean the total net pay, minus any deductions required by law, which the Service Provider receives from the User for personal services rendered for the posted need that was bidded upon by the Service Provider, and accepted by the User. MiNeeds reserves the right at any time to change the Commission Fee rate.
Payment of Commission Fees.
Payment of Commission Fees shall be deducted from the credit card that the Service Provider has registered with MiNeeds. Upon reporting Earnings to MiNeeds, you are authorizing MiNeeds to deduct from your credit card a dollar amount equal to the Commission Fee percentage of the Earnings made from a posted Need.
Posting a Need and Submitting a Bid.
Posting a Need. Posting a Need is an offer to pay a Service Provider for services rendered. The winning Bidder is the Bid the User accepts. A User may accept more than one Bid for a specified Need. Posting a Need amounts to entering a binding legal agreement to pay the Service Provider once the Service is rendered. Please consider carefully when you accept a Bid from a Service Provider. When posting a Need, ensure that the Need posted does not infringe upon the copyright, trademark or other rights of any third party. By posting a Need you represent that the Need is lawful and does not infringe on the intellectual property of any third party. Your description of the Need must be truthful and accurate. Any Need posted on the Website (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Submitting a Bid. Placing a Bid on a Need is an offer to render a service at the price specified in the Bid. A winning Bid is a Bid that is accepted by the User. Placing a Bid constitutes entering into a binding legal agreement with the User to provide the service for the specified Service. Any changes or modifications to service must be resolved with the User.Do not place a Bid until you are sure that you understand what you are Bidding on and, if necessary, have received a PreBid response from the User regarding any questions you may have. Once a Bid is placed it may not be canceled or retracted without the permission of the User. The User is not obligated to grant permission to retract or cancel a Bid, and it is not the duty of MiNeeds to request permission from the User for a Bid retraction or cancellation. Any Bid cancellation must be worked out between User and Service Provider without assistance from MiNeeds. By Bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the User who posted a Need. Bidding will not be extended due to technical difficulties. Do not wait until the last minute to Bid!
Bid Credits for Non-paying Users. If a Service Provider wins a Bid but the User does not pay the Service Provider or the transaction never occurs within a 3 month period, please email MiNeeds customer care and MiNeeds will credit you the lost Bid upon investigation into the matter. MiNeeds is not obligated to credit a Bid to any Subscriber or Service Provider but may do so at its own discretion.
Who Can Bid?
Any Member may Bid on a Need subject to the conditions of this Agreement. If a Member is acting as a Service Provider he/she/it must register with MiNeeds as a Member and be capable of forming legally binding relations under applicable law. A Service Provider must be at least 18 years old in order to submit a Bid. A Service Provider should be a person or business that has the capability, including necessary experience, to perform the Need. A Service Provider should be someone who has integrity and reliability will ensure good faith performance and appropriate quality of the materials, services, construction or construction services, to be provided; and who is in compliance with any and all licensing requirements of the state of for which the service is being performed.
Who Can Post a Need?
Any Member may post a Need subject to the conditions of this Agreement. If a Member is acting as a User he/she/it must register with MiNeeds as a Member and be capable of forming legally binding relations under applicable law. A User must be at least 18 years old in order to submit a Bid. All Needs posted by the User on the Website be lawful and not in violation of any city ordinance, state or federal law. A posted Need must be descriptive enough to allow a Service Provider to ascertain the necessary details to submit a fully informed Bid.
Credit Card Payments to MiNeeds.
Any and all payments made to MiNeeds are non-refundable. This holds true whether or not your Bid is accepted. If you use a credit card, our billings may appear under the name mineeds.com. By placing a credit card on file with us you expressly authorize us to charge your card for any fees you accrue as a result of using (or misusing) this site. You authorize us to consolidate balances from any duplicate accounts you may have created on our site and bill them to your credit card. You may revoke your authorization in accordance with the cancellation policy state herein in this Agreement. MiNeeds reserve the right to continue to bill your card for any services rendered prior to receipt of your written request, or for any fees accrued for any action taken prior to the receipt of your written request (such as any active item listings posted prior to receipt). By using a credit card to pay MiNeeds you agree to unconditionally waive any and all 'charge back' rights. If you have a question about a charge on your credit card you agree to contact us as described on our Contact Us page. If you deliberately or inadvertently issue a 'charge back' to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee to cover our costs for processing the charge back for each and every charge back initiated. Failure to pay these fees will result in your account being turned over to a collection agency and MiNeeds will pursue civil and criminal legal actions to the fullest extent of the law. Accounts that are or have been past due will have their credit limit reduced to zero. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all services you render and other costs you incur in providing a service to a User.
Payment of Commission Fees shall be deducted from the credit card that the Service Provider has registered with MiNeeds. Upon reporting Earnings to MiNeeds, you are authorizing MiNeeds to deduct from your credit card a dollar amount equal to the Commission Fee percentage of the Earnings made from a posted Need.
Additional Terms to These Terms of Use and Service Agreement.
You agree and understand that certain features of the MiNeeds website and the Subscription Packages offered by or through MiNeeds may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing the MiNeeds Website shall constitute a breach of this Agreement. Additional terms or changes to the MiNeeds Subscription Packages shall be applicable only to those who purchase the Subscription Packages.
Modification of These Terms of Use and Website Agreement.
MiNeeds reserves the right to change this Agreement, and any Additional Terms at any time, effective upon making the modified provisions available on the Website or by notifying Website Members directly. Members are responsible for regularly reviewing the terms and conditions of this Agreement. Continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. MiNeeds does not and will not assume any obligation to notify Members of any changes to this Agreement, or any additional terms.
Eligibility for Membership to MiNeeds.
The MiNeeds Website is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the MiNeeds website is not available to minors. If you do not qualify, please do not use the Website.
Termination of Membership and Cancellation of Subscription.
This Agreement will remain in full force and effect while you use the Website and/or are a Member of MiNeeds. You may terminate your membership and/or Subscription at any time, for any reason. To cancel a Subscription or terminate your membership please send a written notice of termination to MiNeeds, Inc. 600 1st Avenue, Ste. 428, Seattle, Washington 98104 or email notice of termination to Info@mineeds.com. If you terminate your Subscription, your Subscription will remain active until the end of your then-current Subscription period (that is, the subscription period through which you had paid prior to your termination). MiNeeds may terminate your membership and/or subscription by sending notice to you at the email address you provide in your membership registration, or such other email address as you may later provide to MiNeeds. If MiNeeds terminates your membership to the Website because you have breached this Agreement, you will not be entitled to any refund of unused Subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of MiNeeds. MiNeeds is not required to provide you notice prior to terminating your membership and/or Subscription. MiNeeds is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect.
Interactions and Transactions With Other Members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT MINEEDS DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES MINEEDS INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MINEEDS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR ABILITY TO PAY A SERVICE PROVIDER OR THE SERVICE ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE USERS POSTED NEED. IN NO EVENT SHALL MINEEDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM SERVICES PERFORMED BY A SERVICE PROVIDER OR A USERS FAILURE TO PAY A SERVICE PROVIDER FOR SERVICES RENDERED. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF MINEEDS. YOU UNDERSTAND THAT MINEEDS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOU'RE THE QUALITY OF THE SERVICES RENDERED.
Content on Website.
Proprietary Rights. MiNeeds owns and retains all proprietary rights in the Website and the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of MiNeeds, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by MiNeeds, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MiNeeds does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will MiNeeds or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
Content Posted by You on MiNeeds.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website, or transmit to other Members. You will not post on the Website, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to MiNeeds, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify MiNeeds of such change.
You understand and agree that MiNeeds may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of MiNeeds violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of MiNeeds, you automatically grant, and you represent and warrant that you have the right to grant, to MiNeeds, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by MiNeeds will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. MiNeeds reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Website, including but not limited to the Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your Member profile must be accurate, current and complete.
Prohibited Activities.
MiNeeds reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website: You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not violate any state or local Consumer Protection Laws
- You will not express or imply that any statements you make are endorsed by MiNeeds without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Website.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.
- You will not "frame" or "mirror" any part of the Website or the Website, without MiNeeds's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to MiNeeds or the Website or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Website or any software used on or for the Website or cause others to do so.
MiNeeds Customer Care Representative.
MiNeeds provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
Modifications to Website.
MiNeeds reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that MiNeeds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Blocking of IP Addresses.
In order to protect the integrity of the Website, MiNeeds reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MiNeeds's Copyright Agent for notice of claims of copyright infringement can be reached as follows: MiNeeds Legal, 600 1st Avenue, Ste. 428, Seattle, Washington 98104.
Member Disputes.
You are solely responsible for your interactions with other MiNeeds Members. MiNeeds reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy.
Use of the Website is also governed by our Privacy Policy.
Disclaimers.
MiNeeds is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Website, whether caused by Users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website. MiNeeds is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Website. MiNeeds assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. MiNeeds is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will MiNeeds or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Website, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Website are provided "AS-IS" and MiNeeds expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MiNeeds cannot guarantee and does not promise any specific results from use of the Website and/or the Website.
n addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. MiNeeds makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Links.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MiNeeds has no control over such sites and resources, you acknowledge and agree that MiNeeds is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MiNeeds shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will MiNeeds be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website, even if MiNeeds has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MiNeeds's 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 MiNeeds for the Website during the term of your membership.
U.S. Export Controls.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the use of the Website and/oryour Subscription Package, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Washington, in King County, for the resolution of any such dispute.
Indemnity by You.
You agree to indemnify and hold MiNeeds, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.