Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using our website, services, or platform website (collectively, the “Services”) operated by MM Security Inc. (“MagicMirror”, “us”, “we”, or “our”).
Your access to and use of our Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, customers, users, platform subscribers, and others who wish to access or use our Services (“You” or “Your”). The term “partners” refers to companies that partner with us to offer our Services and platform to You.
By accessing or using our Services, You agree to be bound by these Terms. If You disagree with, or refuse to abide by, any part of these Terms, then you do not have permission to access our Services. These Terms are a binding contract between You and MagicMirror.
Your use of our Services is at Your sole risk. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis. Our Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MagicMirror its subsidiaries, partners, and its licensors do not warrant that a) our Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) our Services are free of viruses or other harmful components; or d) the results of using our Services will meet Your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements,
(with the exception of any written Order Form or Master Service Agreement) we might have had between us regarding the Service.
THE FOLLOWING ARBITRATION PROVISIONS SIGNIFICANTLY AFFECT YOUR RIGHTS IN ANY DISPUTE WITH US. PLEASE READ THE FOLLOWING DISCLOSURES AND THE ARBITRATION PROVISION THAT FOLLOWS CAREFULLY BEFORE YOU USE OUR SERVICES AND/OR WEBSITE.
Any claim or dispute, whether in contract, tort, statute, or otherwise (including any dispute over the interpretation, scope, or validity of this provision, arbitration section or the arbitrability of any issue), between You and MagicMirror or any of our shareholders, employees, agents, contractors, webhosts, web designers, administrators, successors, or assigns (each a “Third Party Beneficiary”), which arises out of or relates to our Services, this website, mobile application, the data provided to us, the data held by us, alleged improper data exfiltration or sharing, Subscriptions, or any resulting transaction or relationship arising out of Your access to our website (including any such relationship with third parties who do not agree to this contract) shall, at the election of either You, us, or a Third Party Beneficiary, be resolved by a neutral, binding arbitration and not by a court action. Notwithstanding the above, this arbitration clause does not require arbitration of a claim or dispute for public injunctive relief under California law. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. The arbitrator may not preside over a consolidated, representative, class, collective, public injunctive relief, or private attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, public injunctive relief, or private attorney general action. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, or by any other organization that You may choose, subject to our or a Third Party Beneficiary’s approval. You may get a copy of the rules of the American Arbitration Association by visiting its website at www.adr.org.
The arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the law in deciding the dispute. The arbitration hearing shall be conducted in the federal district in which You reside in California or, if You do not reside in California, in the federal district for the United States District Court for the Central District of California. If You demand arbitration first, You will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $125, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours, unless the chosen arbitration provider’s rules require we pay more. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent You from requesting that the applicable arbitration entity reduce or waive Your fees, or that we or a Third Party Beneficiary voluntarily pay an additional share of said fees, based upon Your financial circumstances or the nature of Your claim.
Your access to our Services, website, Subscriptions, and providing of data to us in connection with same evidences a transaction involving interstate commerce. Any arbitration under this agreement shall be governed by the Federal Arbitration Act (9 USC 1, et seq.). Judgment upon the award rendered may be entered in any court having jurisdiction.
If any clause within this arbitration section, other than clause 3 or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this arbitration section, and the remainder of this arbitration section will be given full force and effect. If any part of clause 3 or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire arbitration section will be severed and the remaining provisions of this agreement shall be given full force and effect as if the arbitration section of this agreement had not been included in these Terms. In no event shall an arbitrator be authorized to resolve a claim or dispute or make awards or grant relief exceeding the limitations in clause 3 or any similar provision on class actions, class arbitrations, or consolidation.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice about new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use our Services.
You may not assign or transfer these Terms or Your rights or obligations hereunder or Your account in any manner whatsoever without MagicMirror’s prior written consent. MagicMirror may assign or transfer these Terms without Your consent.
