The words and expressions listed below are used throughout this Agreement, and where they are used they shall have the following meanings:
Customer. A Customer means any registered Member of MiNeeds who posts an online Need for a service on the Website within the category of trades and services as provided by the MiNeeds Website. MiNeeds is completely free for Customers.
Earnings. Earnings means the total net pay, minus any deductions required by law, which the Service Provider has earned in performance of the services under contract with a Customer executed in response to that Customer’s posted Need.
Instant Phone Notifications. Instant Phone Notifications means an automatic notification through which MiNeeds notifies relevant Service Providers when a Customer posts a need on the Website. MiNeeds will notify Service Provider of a Customer’s Need through email, telephone or text message. The Service Provider can then choose to follow the automated instructions to submit a Proposal via the phone and record an audio clip detailing its Proposal, which the Customer can then access after logging onto the MiNeeds Website. A Customer can then respond to the Service Provider’s Proposal by calling the Service Provider directly (always free to the customer), by sending a message to the Service Provider through the MiNeeds website, or by sending a text message directly to the Service Provider’s cell phone.
In the near future MiNeeds will offer a feature in which will allow a Service Provider to submit a Proposal in the form of a “text message” directly to the Customer.
Lead. Lead means the notification MiNeeds sends to a Service Provider that a Customer has posted a solicitation for a Proposal for its Need on the Website.
Lead Time. Lead Time means the amount of time between the posting of a Need to MiNeeds Website and MiNeeds sending notification of that posting to the relevant Service Providers. Lead Time only applies to the four (4) “Cost Per Bid” Subscription Packages discussed below. Lead time does is not applicable to a “Cost Per Lead” subscription.
Member. Member means any Customer, 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 having its corporate office located in Seattle, Washington.
Need. A Need means the descriptive service or “work” that a Customer posts on the Website for the purposes of soliciting a Proposal from one or more than one Service Provider. A Customer may withdraw a posted Need at any time prior to its accepting a Service Provider’s Proposal.”
Proposal. A Proposal means an offer from a Service Provider to provide services at a certain dollar amount for a specific Need posted by a Customer. Once a Service Provider makes a Proposal for a posted Need, all communication between the Service Provider and Customer is free. The Service Provider can send messages to the Customer through the MiNeeds Website, or call the Customer directly (if the customer has exposed its number).
Please be advised that whether a Customer accepts or rejects a Proposal, under the Cost Per Bid subscription package a Proposal shall be deemed “used” once submitted on a Need.
SEO. SEO is an acronym for Search Engine Optimization. This means that MiNeeds will optimize the service profile page of the Service Provider, causing said service profile page to appear higher on a search engine’s (such as Google) organic results. Higher organic results on a search engine may result in the Service Provider having more traffic to its web page.
Service Category. A Service Category means the class/type of service a Service Provider provides by to a customer.
Service Provider. A Service Provider means an individual, organization or any other recognized legal entity that submits a Proposal to perform a particular service posted by a Customer.
Subscriber. A Subscriber means a paying Service Provider who purchases one of the Subscription Packages offered by MiNeeds.
Subscription Package. A Subscription Package means one of the packages available to Service Providers and Subscribers of MiNeeds under either the Cost per Bid (CPB) model or the Cost Per Lead (CPL) model.
Website. The Internet platform operated by MiNeeds, Inc., for use in the United States which can currently be found at www.MiNeeds.com.
Description of MiNeeds Website Service.
MiNeeds provides an online venue for Customers to solicit Proposals 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 will receive an automated email, telephone message, or text message notification from MiNeeds that informs the Service Provider that a Customer is in need of a service for which the Service Provider has registered with MiNeeds. The Customer may then accept the Proposal and employing the services of the Service Provider, or not accept the Proposal. There is no charge or fee to a Customer to use the MiNeeds Website or any obligation to accept a Proposal. After the Service Provider has performed the service for the Customer, the Service Provider may report all Earnings to MiNeeds for the service performed. Both the Customer and the Service Provider shall be afforded the opportunity to post an electronic review of the service and the details of transaction between the Customer and Service Provider. This review shall be made public on the Website and available for all who log on to the Website.
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 made available within the Website. In order to access additional features and services, you must purchase a Subscription Package from MiNeeds and/or subscribe to CPL model which will enable you to receive a pre-determined number of leads per month. For purposes of this Agreement the term "Member" includes a Subscriber, except where such usage indicates otherwise. MiNeeds reserves the right to remove the profile(s) of Non-Subscribers at its discretion and without warning to Non-Subscribers.
MiNeeds Subscription Packages and Pricing For Service Providers.
MiNeeds offers two distinct Subscription Packages to Service Providers, detailed below.
Cost Per Lead Subscription.
MiNeeds offers this Subscription Package to some of its service categories. MiNeeds will charge a Service Provider for each lead that it receives from MiNeeds. Service Providers will designate the number of leads it would like to receive each month. The Service Provider will be charged only for the leads it receives within any one-month period. If a Service Provider receives fewer leads than its Subscription Package provides in any one-month period, the Service Provider will not incur additional costs. Subscription Packages can be upgraded to allow for more leads to be received in a one-month period. A "month" under the Cost Per Lead Subscription shall run from the first day of a month to the last day of that same month.
Pricing for each lead is determined by the service category under which the lead is generated and the type of service requested, and will be determined at the time the Service Provider subscribes for this option. Designated service categories will also require a Service Provider to pay a monthly subscription fee.
Cost Per Bid Subscriptions.
MiNeeds offers multiple paid Cost Per Bid (CPB) packages and one free (“Registered”) package to Service Providers. Each package to which a Service Provider subscribes provides a pre-determined number of bids a Service Providers can submit in response to a need for which it has received a notification.
1. Bids are deducted only when a Service Providers submits a proposal in response to a need. So, professionals get to review a need before deciding whether or not to submit a proposal (and thereby utilize one bid credit).
Each Cost Per Bid paid package is available for a flat fee and differs primarily in Lead Notification Time, Proposal Credits, SEO options, and price, while sharing features such as issuing and promoting coupons. MiNeeds does not charge commission fees for successful Proposals.
To better accommodate our Service Providers to pass on savings to Customers, the price for each of the Cost Per Bid paid subscription packages will be determined by the service category of the Service Provider.
The current Cost Per Bid subscription packages that MiNeeds offers to Service Providers are summarized in the following chart and are further discussed below.
|Standard Package|| Priority
NO COMMISSION FEES
LIST YOUR BUSINESS
PUBLISH ARTICLES, ANSWER CUSTOMER QUESTIONS
BUILD AN ONLINE REPUTATION
CENTRAL MANAGEMENT OF FACEBOOK AND TWITTER ACCOUNTS
EMAIL JOB NOTIFICATIONS
PHONE JOB NOTIFICATIONS
ACCESS TO LEADS
Up to 6 hours after Express
Up to 5 hours after Express
Up to 3 hours after Express
SEO OPTIMIZED LISTING
Registered Package Plus
|Standard Package Plus||Enhanced Package Plus|
Registered Package Plus
Registered (“Free”) Package: Subject to the conditions stated herein, Service Providers who register with MiNeeds enjoy numerous benefits. Members will receive free lead notifications. Service Providers can login to MiNeeds using their Facebook and Twitter accounts, and can list their business(es), issue or promote coupons, publish articles and answer customer questions through the MiNeeds Website. A Service Provider cannot make a Proposal for a posted Need unless they upgrade to one of the paying memberships. A Registered Service Provider shall receive a Lead only after the Paying Subscribers have had their respective opportunities to submit a Proposal, as specified in those Packages.
Express Package: In addition to all the benefits contained in the Registered Subscription Package, Express Package Subscribers will receive a Lead instantly: up to three (3) hours before Priority Package Subscribers receive the Lead, up to five (5) hours before Standard Package Subscribers receive the Lead, and up to six (6) hours before Registered Package Subscribers receive the Lead. Among the CPB subscription packages, the Express Package offers a Subscriber the greatest number of Proposal Credits per month. Express Package Subscribers may utilize the Instant Proposals feature, and SEO is OPTIMAL. A "month" under the Express Package shall run from the first day of a month to the last day of that same month.
Priority Package: In addition to all the benefits contained in the Registered Subscription Package, Priority Package Subscribers receive a Lead two up to (2) hours before Standard Package Subscribers receive the Lead and up to one (1) hour before Registered Package Subscribers receive the Lead, but up to three (3) hours after Express Package Subscribers receive the Lead.
For a monthly fee, the Priority Package entitles Subscriber to a predetermined number of Proposal Credits that is greater than those offered in the Standard Package. If a uses all available Proposal Credits before the end of a month, Subscriber may purchase Additional Proposal Credits at a cost that is specific to the service category and package. If Subscriber does not utilize its available Proposal Credits before the end of a month, the unused Proposals expire and will NOT be carried over into the following month. Priority Package Subscribers may utilize the Instant Proposals feature, and SEO is RICH. A "month" under the Express Package shall run from the first day of a month to the last day of that same month.
Standard Package: In addition to all the benefits contained in the Registered Subscription Package, Standard Package Subscribers will receive a Lead up to one (1) hour before Registered Package Subscribers receive the Lead, but up to two (2) hours after Priority Package Subscribers receive a Lead, and up to five (5) hours after Express Package Subscribers receive a Lead. The Standard Package entitles Subscriber to a predetermined number of Proposal Credits per month, fewer than the limit allowed under both the Express and Priority packages. If a Subscriber of the Standard Package utilizes all available Proposal Credits before the end of the month, Subscriber may purchase Additional Proposal Credits at a cost that is specific to the service category and package. If Subscriber does not utilize all its Proposals before the end of the month, the unused Proposals expire and will NOT be carried over into the following month. Priority Package Subscribers may utilize the Instant Proposals feature, and SEO is GOOD. A "month" under the Express Package shall run from the first day of a month to the last day of that same month.
Posting a Need and Submitting a Proposal.
Posting a Need. Posting a Need is a Customer’s solicitation for a Service Provider to make an offer (Proposal) to render services for the Customer’s posted Need. The winning Proposal is the Proposal that the Customer accepts. A Customer may accept more than one Proposal for a specified Need, depending on the nature of the Need. A Customer should carefully consider a Service Provider’s Proposal before accepting said Proposal. When posting a Need, Customer must ensure that the Need posted does not infringe upon the copyright, trademark or other right of any third party. By posting a Need, Customer represents that the Need is lawful and does not infringe upon the intellectual property of any third party. Customer’s 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 Proposal. A Proposal is a Service Provider’s offer to render a service at the price specified in its Proposal. A winning Proposal is the Proposal that the Customer accepts. Acceptance of the Proposal gives rise to a binding legal contract between the Service Provider and Customer under which the Service Provider is obligated to provide the contracted service to the Customer, according to the terms of the agreement. Consequently, MiNeeds is not responsible to any party or parties to enforce the terms of any agreement reached between Service Provider(s) and Customer(s), and MiNeeds is not responsible to any party for any party’s or parties’ failure to perform substantially or to perform satisfactorily. Parties to the contract agree that they are solely responsible to each other for their performance or non-performance of the contract. A Service Provider should not post a Proposal for a Need until it is sure that it understands what service is to be provided. MiNeeds will not take part in any disputes or negotiations between Service Provider and Customer, if any. The Customer may grant permission to a Service Provider to retract or cancel its Proposal, but it is not obligated to do so, and it is not the duty of MiNeeds to seek said permission from the Customer on behalf of a Service Provider. Any cancellation of a Proposal must be negotiated between Customer and Service Provider without assistance from MiNeeds. By making a Proposal for a Need, a Service Provider authorizes MiNeeds to release its contact information, including its name, address, email, and telephone number, to the Customer who posted the Need. The Proposal period will not be extended due to technical difficulties. Do not wait until the last minute to make a Proposal!
Proposal Credits for Non-paying Customers. If a Service Provider wins a Proposal but the Customer does not pay the Service Provider, or if the transaction does not occur within a three-month period, please email MiNeeds customer care and MiNeeds may credit the lost Proposal upon investigation into the matter. MiNeeds is not obligated to credit a Proposal to any Subscriber or Service Provider, but may do so at its own discretion.
Who Can Make a Proposal?
Any Member may make a Proposal for a Need, subject to the conditions of this Agreement. If a Member is acting as a Service Provider, said Member must first register with MiNeeds as a Member and have capacity to form legally binding contracts under applicable law. A Service Provider must be at least 18 years old in order to submit a Proposal. A Service Provider should be a person or business that has the capability, including necessary experience, to perform the service requested in the Need. A Service Provider should be someone who has the integrity and reliability to ensure a good faith performance of the Need utilizing the appropriate quality of the materials, services, construction or construction services to be provided, and who is compliant 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. Before a consumer can utilize the Website as a Customer, said consumer must first register with MiNeeds as a Member and have capacity to form legally binding contracts under applicable law. A Customer must be at least 18 years old in order to submit a Proposal. All Needs posted by the Customer on the Website must 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 Proposal.
Credit Card Payments to MiNeeds.
Any and all payments made to MiNeeds are normally non-refundable. However, MiNeeds will do its utmost best to analyze refund requests by users communicated to us by email or phone on a case-by-case and decide whether or not it will grant a refund to the user. If a user does not communicate its refund request with MiNeeds and circumvents us in the refund process, we will fight the chargebacks. If you have a question about a charge on your credit card you agree to contact us as stated on our "Contact Us" page and work with us to resolve any issues. MiNeeds has various team members ready to anwer your questions. 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). Failure to pay fees will result in your account being turned over to a collection agency and MiNeeds will pursue civil and criminal legal actions against you to the fullest extent of the law. Accounts that are or have been past due will have its 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 under 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 Customer.
Members 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. Members agree to abide by these additional terms and further agree that a violation of said additional terms while accessing the MiNeeds Website shall constitute a breach of this Agreement. Additional terms or changes made to the MiNeeds Subscription Packages shall be applicable only to those Members who purchase one of the Subscription Packages.
MiNeeds reserves the right to change the terms of this Agreement, or to change any Additional Terms later appended thereto, if any, at any time, effective upon making the modified provisions available on the Website or if MiNeeds chooses to do so, by notifying 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 or to any Additional Terms later appended thereto, if any, shall constitute Member’s 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 later appended thereto. MiNeeds also reserves the right to reach individual Agreement(s) with a Member or Members, and the terms of that individual Agreement will not be applicable or transferable to any other Member.
Eligibility for Membership to MiNeeds.
The MiNeeds Website is available only to individuals who have the capacity to form legally binding contracts under applicable law. Without limiting the foregoing, the MiNeeds Website is not available to minors. If you do not have the capacity to form legally binding contracts under applicable law, 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, are a Member of MiNeeds, or both. You may terminate your membership, subscription, or both at any time, for any reason. To cancel a subscription or to terminate your membership, please send a written notice of termination to MiNeeds, Inc. 600 1st Avenue, Ste. 428, Seattle, Washington 98104, contact your account manager 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 last day of the month of the subscription period through which you had paid prior to your termination). MiNeeds may terminate your membership, subscription, or both 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, subscription, or both. MiNeeds is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription has been 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 PROVIDER’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CUSTOMER’S 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 CUSTOMER’S FAILURE TO PAY A SERVICE PROVIDER FOR SERVICES RENDERED. BY USING THIS 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 THE QUALITY OF THE SERVICES RENDERED.
Content on Website.
Proprietary Rights. MiNeeds owns and retains all proprietary rights in 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 made 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 held 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 material that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal, 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 MiNeeds 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 or 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 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 Customers;
- engages in commercial activities and/or sales (such as contests, sweepstakes, barter, advertising, and pyramid schemes) without our prior written consent.
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.
MiNeeds reserves the right to investigate and terminate your membership if you have misused the Website or if you have behaved in a way that could be regarded as inappropriate, or for any conduct that 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 "stalk" or otherwise harass any person;
- You will not impersonate any person or entity;
- 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 notices of copyright, trademark or other proprietary rights 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, without MiNeeds's prior written authorization. You also shall not use metatags or code or other devices containing any reference to MiNeeds or the Website 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 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 be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If MiNeeds believes that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, MiNeeds reserves 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.
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 said 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 the where said material 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 at the following location: MiNeeds Legal, 600 1st Avenue, Ste. 428, Seattle, Washington 98104.
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.
MiNeeds is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Website, whether caused by Customers or by 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 Customer 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, Customer or Member communications.
MiNeeds is not to be held responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or for any 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 Customers and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the World Wide Web and/or in connection with the Website. Under no circumstances will MiNeeds or any of its affiliates, advertisers, promoters or distribution partners be held responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any Content posted on the Website or transmitted to Members, or any interactions between Customers of the Website, whether online or offline. MiNeeds and/or its respective members hereby disclaim all warranties and conditions with regard to the information on the Website, and the services procured through it are provided "AS-IS." MiNeeds expressly DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MiNeeds cannot guarantee and does not promise any specific results from use of the Website.
In addition to the forgoing 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 any professional financial, medical, legal, or other advice. MiNeeds makes no representations or warranties concerning the truthfulness of any advice that may be posted on the Website 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.
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 shall 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' liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MiNeeds for use of 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/or your 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 for 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.