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Welcome to the website of the MNSTR Skate Initiative. Please read this Terms of Use Agreement (“Agreement”) carefully before using the Services (as defined below) of the www.mnstrskate.com (the “Site”). THIS TERMS OF USE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF AND ACCESS TO THE SITE AND THE RELATED SERVICES OR CONTENT OFFERED VIA THE SITE AND OUR SOCIAL MEDIA CHANNELS (collectively, the “Services”). The Services are offered and made available to users who are eighteen (18) years of age or older. BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. THIS AGREEMENT CONTAINS AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. We reserve the right to modify, alter or update this Agreement at any time in our sole discretion by posting any such modified, altered or updated version of this Agreement on the Services. All such modifications, alterations, and updates will become effective immediately upon posting. We encourage you to check this page each time you visit the Services. Except as otherwise expressly stated by us, any use of the Services is subject to the version of this Agreement in effect at the time of use. Your continued use of the Services after any modifications, alterations, or updates are made constitutes your acknowledgment of such changes. When using the Services, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to the Services, which are hereby incorporated by reference into this Agreement. We reserve the right to modify, suspend, or discontinue the Services, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any content, feature, or product offered through the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.

 

DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

IMPORTANT NOTE REGARDING HEALTH-RELATED INFORMATION: YOUR USE OF THE SERVICES AND ANY INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES MAY INCLUDE CERTAIN INFORMATION REGARDING HEALTH-RELATED ISSUES. SUCH INFORMATION (A) IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS, AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING WITHOUT LIMITATION THE DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM. THE ORGANIZATION IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. SUCH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES. THE RELATIONSHIP BETWEEN YOU AND THE ORGANIZATION IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. THE ORGANIZATION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY THE ORGANIZATION, THE ORGANIZATION’S EMPLOYEES, INDIVIDUALS PROVIDING INFORMATION IN CONNECTION WITH THE SERVICES AT THE INVITATION OF THE ORGANIZATION, OTHER VISITORS OR USERS OF THE SERVICES, AND/OR ANY OTHER THIRD PARTY IS SOLELY AT YOUR OWN RISK.

 

PRIVACY

We have developed a Privacy Notice in order to inform you of our practices with respect to the collection and processing of your information which is accessible at [insert hyperlink]. By using the Services you agree to the terms of the Privacy Notice.

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INTELLECTUAL PROPERTY RIGHTS

The Services, and all of its contents, including without limitation, text, photographs, images, illustrations, graphics, video material, audio material, software, logos, titles, characters, names, graphics, and button icons, (collectively “Proprietary Material”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by us or by other parties that have provided rights thereto to us.

You may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

 

TRADEMARKS

The Mental Health Coalition name, the Mental Health Coalition logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Mental Health Coalition or its licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

 

CLAIMS REGARDING COPYRIGHT INFRINGEMENT

Our designated agent to receive notifications of claimed infringement is reachable at oli@mnstrskate.com. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act (“DMCA”), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. 

 

THIRD-PARTY WEBSITES AND LINKS

The Services may contain links to third-party websites or online resources that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or their content, products, services or privacy policies or practices. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third-party websites or the information or material accessed through these third-party websites. If you decide to access any other website linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

 

DISCLAIMER

VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE, CONTENT OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE OR SERVICES IS AT THEIR OWN SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE ORGANIZATION EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITE OR SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF THE ORGANIZATION ARE OR WILL BE FREE OF INFECTION BY VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

INDEMNIFICATION

By using the Services, you agree to defend, indemnify, and hold the Organization and its affiliates and their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including without limitation, attorneys’ fees and expenses, including any incurred in the enforcement of this indemnity) arising in any way from or in connection with your use of the Site or Services or any goods and services available on or through the Site or Services, or any violation by you of this Agreement, our Privacy Notice or any other policy posted on the Services applicable to your use of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

 

LIMITATION OF LIABILITY

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZATION AND ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SERVICES, OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

ARBITRATION

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Organization and their successors or assigns shall exclusively be settled through binding and confidential arbitration.

The arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

To the fullest extent permitted by applicable law, you and the Organization must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE ORGANIZATION MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor the Organization may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

 

TERMINATION

The Organization, in its sole discretion, may terminate your access to or use of the Services, at any time and for any reason, including if the Organization believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Services will immediately cease. You agree that any termination of your access to or use of the Services may be effected without prior notice and that the Organization may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Organization and its affiliates shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

 

CONTACT US

If you have any questions regarding this Agreement, please direct such questions to oli@mnstrskate.com with the subject headline: Terms + Conditions. Thank you for your attention.