1. General terms
MyNation provides this Site to Users seeking tutoring, consultancy and training services (“Students, professionals and trainees”) and to Users seeking to provide tutoring, consultancy and Training services (“Tutors, Consultants and Trainers”), and to any other entity on whose behalf Users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors, Consultants, Trainers, Professionals or any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content to the Site. These Terms are entered into by and between MyNation and you, and you accept them by: (a) accessing or viewing the content of the Site; (b) contracting for tutoring lessons, consultancy or training services through the Site; (c) registering as a tutor, consultant or trainer through the Site; (d) using the Site in any other manner; and/or (e) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
The Site offers a marketplace for those seeking tutoring, training and consultancy services to connect with those seeking to provide the aforementioned services. As independent service provider tutors, trainers and Consultants are responsible for, and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the services they provide.
Students and Professionals are responsible for selecting the right tutor, trainer and consultant for their needs. In making hiring decisions, Students and professionals should review and investigate each tutor’s, trainer’s and consultant’s self-reported credentials, education, and experience, as well as reviews from other webpage users. IF THE STUDENT IS YOUNGER THAN 18 YEARS OLD, ALL TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT.
To use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. If you are under eighteen (18) years of age, you may use the Site only with the involvement and consent of a parent, legal guardian.
4. Academic Honesty
MyNation’s services are provided for the purpose of facilitating learning, and not to encourage or facilitate cheating or any other form of academic dishonesty. You shall not use the Site to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (for example, completing assignments or projects, writing papers or essays, taking (or helping to take) quizzes or examinations on someone’s behalf), or to take any action that would violate the academic or conduct policies of a school, university, academic institution or workplace.
5. Your Obligations & Conduct
All Users must: (a) be of legal age and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving tutoring services; (b) provide accurate, current, and complete information about themselves as required during Site registration (“Registration Data”); (c) maintain the security of any password and identification information used to access the Site; (d) maintain and promptly update the Registration Data and any information you provide to MyNation, keep it accurate, current and complete; and (e) accept all risks of unauthorized access to information and Registration Data.
You will have a password upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyNation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyNation cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that MyNation, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Specifically, but without limitation, Users may not:
- Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Site for any purpose that is in violation of national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain.
- Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Site;
- Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
- Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site;
- Post the same content repeatedly or spam – spamming is strictly prohibited;
- Download, copy or transmit any file posted by another User that you know, or reasonably should know, cannot be legally published through the Site;
- Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
- Restrict or inhibit any other User from using and enjoying the Site.
MyNation reserves all of its rights without limitation its right to remove anything objectionable to MyNation in its sole discretion. Alleged improprieties by any User may be reported to MyNAtion by email at firstname.lastname@example.org.
6. Organizations Accounts & User’s Data
This Section 6 applies to any organization’s use of MyNation services.
When MyNation is used by any organization for learning purpose, MyNation may collect or have access to users Data that is provided by the beneficiary organization or by the learner. “User Data” is personal information that is directly related to an identifiable user.
Compliance with Laws. Individually and collectively, we and organizations contracting for My Nation services agree to applicable National laws relating to user’s data privacy, and with all other laws and regulations governing the protection of user’s Data.
Use of user’s Data. By submitting, providing us access to, or causing us to receive User’s Data, you agree that MyNation may use the User’s Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the User’s consent.
Use of De-Identified or Anonymized User’s Data. You agree that both before and after the term of the Agreement, MyNation may collect, analyze, use, and retain data derived from User Data as well as data about users’ access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that MyNation may not share or publicly disclose information that is derived from User Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that MyNation may provide customized content, advertising, and commercial messaging to its users from time to time, provided that such advertisements shall not be based on User Data. For emphasis, and without limitation, MyNation shall never use User Data to engage in targeted advertising.
User Data Access and Deletion Requests. You may request that we delete User Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that MyNation shall not be required to delete User Data that has been moved to a personal account on the Service or as otherwise prohibited by law. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to an educational organization (School, learning center…etc.) account will be instructed to contact the relative organization to discuss data deletion or modification. MyNation is not required to delete data that has been derived from user Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification. If an unauthorized party gains access to or has been disclosed User Data (a “Security Event”), that we have collected or received through the Service under this Agreement, we will promptly notify the data owner. If, due to a Security Event which is caused by the acts or omissions of MyNation or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the Organization shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and MyNation shall indemnify the data owner for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of MyNation or its agents, MyNation shall reasonably cooperate with data owner investigation of the Security Event, as Organization requests, at organization’s reasonable expense, but MyNation shall not indemnify an organization for costs associated with the Security Event.
7. Confidentiality of MyNation Information
You may obtain direct access via the Site to certain confidential information of MyNation and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with MyNation and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from MyNation, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to MyNation adequate to afford MyNation the opportunity to object to the disclosure.
8. User Content
You are solely responsible for any content that you create, transmit or display while using the Site.
MyNation may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, videos, files, documents, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Site is referred to as “User Content“).
We claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to MyNation a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with MyNation’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
You must have the legal right to the User Content you submit to the Site. You may not upload or post any User Content to the Site that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may post only User Content that you have permission to post from the owner or by law.
Users shall not create, upload, post, send, receive or store User Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the MyNation mission or otherwise objectionable to MyNation or other Users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) 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. MyNation reserves the right to edit or remove User Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
9. Terms of Transacting Business
Users must abide by MyNation’s payment policies. Users must pay all costs associated with the services through MyNation. These costs include but are not limited to: (a) a tutor’s, consultant’s or trainer’s hourly rate as listed; (b) cancellation fees as described in the cancellation & refund policy.
10. Tutor, consultant and trainer payment policy
- Tutors, consultants and trainers set their own hourly rate and may change it at any time. Changing the default hourly rate will affect students and professionals who email a tutor after the time the change is made. Students and professionals who have been in contact with a tutor within three months prior to the time the rate change is made will be continue to be subject to the hourly rate that was listed on the tutor’s, consultant’s and trainer’s profile at the time they first contacted the tutor, consultant and trainer; in order to change the rate for one of these students or professionals, the student and professional must acknowledge the rate change via a rate change request email.
- All tutors, consultants and trainers agree to a flat 25% Platform Fee. The 25% fee percentage will apply to lessons with all students and professionals. This means 75% of your submitted hourly rate will be distributed to tutors, consultants and trainers.
Tutors, consultants and trainers using the MyNation platform will receive their student payment by Direct Deposit. After entering accurate bank account, funds will be released to the tutor’s, consultant’s or trainer’s bank after 14 working days from the day of the session, class or course. The time between when the funds are released by MyNation and made available to the tutor by the tutor’s bank may vary and is controlled by the tutor’s, consultant’s and trainer’s bank, not by MyNation. If a tutor’s, consultant’s or trainer’s direct deposit is returned to MyNation by the tutor’s, consultant’s or trainer’s bank, MyNation will request that the tutor, consultant or trainer to correct his/her bank information. The returned funds will be resent within five (5) days after the bank information is corrected.
11. Text Message Notifications
Tutors may opt in to receive text message notifications for new student messages, new message reminders, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
12. Content Provided Via Links
You may find links to other websites or resources on the Site. You acknowledge and agree that MyNation is not responsible for the availability of such external websites 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 websites or resources. MyNation will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Intellectual Property Rights
MyNation grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by MyNation, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. MyNation reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from MyNation. You may like or follow MyNation or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by MyNation or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software MyNation discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“MyNation Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations MyNation uses in connection with its products and services. You may not remove or alter any MyNation Trademarks, or co-brand your own products or material with MyNation Trademarks, without MyNation’s prior written consent. You acknowledge MyNation’s rights in MyNation Trademarks and agree that any use of MyNation Trademarks by you shall inure to MyNation’s sole benefit. You agree not to incorporate any MyNation Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by MyNation on the Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
14. Copyright Infringement
MyNation respects the intellectual property of others, and we ask our Users to do the same. Accordingly, Users may not post, modify, distribute, or reproduce in any way any Content on the Site that is copyrighted material you do not own or have permission to use, without obtaining prior written consent of the copyright owner. MyNation reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.
If you believe in good faith that content or material hosted on the Site infringes your copyright, you (or your agent) may send MyNation a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MyNation to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MyNation’s support team for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: email@example.com
Attention: Copyright Infringement
Please note that this procedure is exclusively for notifying MyNation that your copyrighted material has been infringed.
MyNation has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. MyNation may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. Termination & Suspension
MyNation reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that MyNation shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.
You agree that MyNation, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if MyNation believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that MyNation may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that MyNation shall not be liable to you or any third party for any termination of your access to the Service.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. MYNATION DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MYNATION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
MYNATION MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS, CONSULTANTS & TRAINERS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
17. Limitation of Liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING TUTORING, CONSULTANCY & TRAINING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE TUTORING, CONSULTANCY & TRAINING SERVICES.
YOU UNDERSTAND AND AGREE THAT MYNATION HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT MYNATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT MYNATION IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, MYNATION EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES MYNATION FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. MYNATION WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. MYNATION IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, MYNATION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF MYNATION HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AND MYNATION AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MYNATION AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 18.
18. Assumption of Risk
Users assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. Users shall take all necessary precautions, when interacting with other Users.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MyNation. For any dispute with MyNation, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that MyNation has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “Claims”). Nothing in this Section shall be deemed as preventing MyNation from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Notwithstanding the Arbitration terms set forth herein, Users agree that any material breach of the Terms will result in irreparable harm to MyNation for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, MyNation reserves the right to seek equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if MyNation seeks such an injunction.
22. Notices; Modification & Termination of Services; Amendment of Terms
MyNation may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. MyNation reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. MyNation may also delete, or bar access to or use of, all related information and files. MyNation will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. MyNation may amend these Terms at any time by posting the amended terms on this Site. Your continued use of the Site following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Site.
Notwithstanding the foregoing, MyNation shall not make any material change to the Terms that relate to the collection or use of Student, Professionals or Trainees Data without first giving notice to them and providing a choice before their data is used in a materially different manner than was disclosed when the information was collected.
23. Governing Law; Waivers
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MYNATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
24. Entire Agreement
These Terms constitute the entire agreement between you and MyNation relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use the MyNation Site or third-party products or services.