Please read these Terms of Service (“Terms”) the articulates Mosaic Presence Inc., (Mosaic Presence) and your expectations regarding standards of conduct: academic, behavior, and with respect to the rights of others. The term “student” means an individual enrolled in a Mosaic Presence Program.
This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly. These Terms constitute a binding agreement between you and Mosaic Presence Inc., and its affiliates and subsidiaries (“Mosaic Presence,” “we,” “us”). “You”, “users”, and “student” shall mean all visitors to the Mosaic Presence Service. You accept these Terms each time you access the Mosaic Presence Service. If you do not accept these Terms, you must not use the Mosaic Presence Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Mosaic Presence Service.
Revisions to Terms.
We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Mosaic Presence Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the Mosaic Presence Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Mosaic Presence Service.
The Mosaic Presence Service (the “Mosaic Presence Service”) means the website located at www.mosaicpresence.com and any associated software, applications, course material, instruction, and Internet services under Mosaic Presence’s control, whether partial or otherwise, used in connection with providing the services provided by Mosaic Presence. The Mosaic Presence Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Mosaic Presence (collectively, “Courses”). These Courses are at the intersection of technology, design, and business and may be made available for our students, in Mosaic Presence’s sole discretion. Together with our members and seasoned practitioners (collectively, “Instructors”), Mosaic Presence offers a robust curriculum focused on development of applications and practices by which business, design and technology can be leveraged to create industry-changing products and successful companies. The Mosaic Presence Service will also permit the community of users of the Mosaic Presence Service to engage in discussions and communications with one another and with the Instructors.
Sign Up for a Course.
You may sign up for a Course using the Mosaic Presence Service. We cannot promise the availability of the Course.
Cancellation and No Show Policies.
We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions. The Mosaic Presence Cancellation Policy is incorporated into these Terms. Please note that all fees are non-refundable and in some cases tuition may be non-refundable.
Chat Room Service.
You may be able to engage in online chat sessions–via third party applications–with other users of the Mosaic Presence Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. Mosaic Presence makes no representations and warranties with respect to the confidentiality of any posts you make through the third party applications. You are responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post, Mosaic Presence assumes no liability. If any legal action is taken on Mosaic Presence as a result of your actions, you agree to indemnify Mosaic Presence for all legal cost incurred in the defense of the Mosaic Presence.
Information You Provide to Instructors.
Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.
If you are a Student, you expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your account and your use of the Mosaic Presence Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your account, confirmation of your registration for Courses, information related to your method of payment, transactional receipts, information about your progress or other services that may be necessary to provide you with Course services.
We use third-party services, such as slack and googlehangout, to help us provide the Mosaic Presence Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. The Mosaic Presence Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Mosaic Presence Service. Some of these third-party websites may use Mosaic Presence Content (defined below) under license from Mosaic Presence. Mosaic Presence is not responsible for these third-party websites, whether or not Mosaic Presence is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Mosaic Presence is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Mosaic Presence Service.
Featuring Your Student Work.
We may promote Mosaic Presence using the work you completed as part of completing a Course (“Student Work”), and you grant Mosaic Presence a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with Mosaic Presence’s promotional efforts. Our use will be limited to promoting Mosaic Presence. Mosaic Presence will include your name and attribute the Student Work to you.
The amount of any fees may be revised by Mosaic Presence from time to time and vary from region to region, and topic to topic. Fees for attending are located here.
You Agree To Pay Us For Your Purchases.
You agree to pay for all products and services that you purchase through the Mosaic Presence Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Mosaic Presence Service. All fees are non-refundable upon payment for the services.
Third-Party Payment Processors.
Mosaic Presence currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Availability of Certain Forms of Payment.
Mosaic Presence makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Mosaic Presence Service.
When you provide a credit card number to us to activate and/or pay for any fees related to Mosaic Presence, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Fees Charged by Third-Party Payment Processors.
The Mosaic Presence Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and Mosaic Presence is not responsible for any fees charged by them. Mosaic Presence disclaims all liability with regards to any fees or problems you have with third-party payment processors.
Mosaic Presence may provide refunds at its discretion. We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any course, is set forth in the Mosaic Presence Tuition and Fee Schedule and is incorporated into these Terms. Mosaic Presence may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy.
By accepting these terms, you are agreeing that the terms and conditions set forth can be amended by Mosaic Presence and each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated herein. By accepting these terms, you are agreeing that the terms and conditions set forth can be amended by Mosaic Presence and each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated herein.
Mosaic Presence will not collect or pay your taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Mosaic Presence Service. Mosaic Presence is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
We accept U.S. Dollars. You are responsible for all fees charged to make payments using payment processors through the Mosaic Presence Service.
Account Creation and Use by an Agent.
You agree that if you create an account and use the Mosaic Presence Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts. You represent and warrant that the information you provide to Mosaic Presence upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
If you create an account, you are responsible for your log-in credentials; for keeping your information accurate; and for any activity resulting from the use of your log-in credentials on the Mosaic Presence Service.
You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
User Conduct Policy
User of the Online Courses agrees that he or she:
- will not harass other Students or Instructors;
- will not post online any Secured Testing Materials (as defined below);
- will not share solutions to homework assignments or exams or cheat; and
- will notify the instructors immediately if he or she becomes aware of any other User cheating or breaching these Terms and Conditions.
In addition, you may not post, upload, or transmit to or otherwise make available through the Mosaic Presence Services or Courses any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Class Sites (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Students of Mosaic Presence Services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
By using the Mosaic Presence Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Mosaic Presence Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Mosaic Presence Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us.
Mosaic Presence’s Content Ownership and Use
Mosaic Presence owns all of the content we create, but you may use it while you use the Mosaic Presence Service. You cannot use our logo without our written permission. The contents of the Mosaic Presence Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Mosaic Presence content (collectively, “Mosaic Presence Content”). All Mosaic Presence Content and the compilation (meaning the collection, arrangement, and assembly) of all Mosaic Presence Content are the property of Mosaic Presence or its licensors and are protected under copyright, trademark, and other laws.
License to You.
We authorize you, subject to these Terms, to access and use the Mosaic Presence Service and the Mosaic Presence Content solely for the use of Mosaic Presence’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Mosaic Presence Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Mosaic Presence Content on any copy you make of the Mosaic Presence Content. We cannot ensure the security or privacy of the information that you provide through the internet.
No material made available on or through the Mosaic Presence Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the Mosaic Presence Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Mosaic Presence Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Mosaic Presence Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Mosaic Presence or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use.
No materials obtained from the Mosaic Presence Service, even if authorized for download from the Mosaic Presence Service, may be redistributed, nor may they be used for any commercial purpose, without Mosaic Presence’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
Certain materials made available for download from or through the Mosaic Presence Service may be subject to additional or different license terms and conditions. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights.
There are no implied licenses granted in these Terms.
Mosaic Presence Marks.
Mosaic Presence, the Mosaic Presence logo, and other Mosaic Presence logos and product and service names are or may be trademarks of Mosaic Presence (the “Mosaic Presence Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Mosaic Presence Marks.
Intellectual Property Rights and Our License to Use.
You, or the people who allow you to use their content, own all of the content you post using the Mosaic Presence Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
Mosaic Presence Claims No Ownership.
The Mosaic Presence Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
Mosaic Presence’s Use of Your User Content.
If you are an instructor, the license grant above is not applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the Mosaic Presence Course area of the platforms that Mosaic Presence uses. The Instructor Agreement that you signed will govern intellectual property right for the materials you create for your Course.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Mosaic Presence Service, any right, title, or interest (including intellectual property rights) in content delivered via the Mosaic Presence Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Mosaic Presence Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Mosaic Presence Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Mosaic Presence Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Mosaic Presence Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Mosaic Presence Service contains content from users and other Mosaic Presence licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Mosaic Presence Service.
Tell us if you think a user has violated your copyright using the Mosaic Presence Service, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Mosaic Presence Service infringe your copyright, you (or your agent) may send Mosaic Presence a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Please send this notification to firstname.lastname@example.org. The notice must include the following information:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Mosaic Presence Service are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Mosaic Presence to locate the material on the Mosaic Presence Service; Your name, address, telephone number, and email address (if available); A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Mosaic Presence a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Mosaic Presence Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall: own, exclusively, all now known or later discovered rights to the creative ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Mosaic Presence Service or content available on the Mosaic Presence Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Mosaic Presence Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Mosaic Presence Service. Mosaic Presence does not endorse any, nor is it responsible for, User Content on the Mosaic Presence Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. You agree to use the Mosaic Presence Service only for its intended purpose. You must use the Mosaic Presence Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Mosaic Presence Service are prohibited. You may not: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Mosaic Presence Service, user accounts, or the technology and equipment supporting the Mosaic Presence Service; frame or link to the Mosaic Presence Service without permission; use data mining, robots, or other data gathering devices on or through the Mosaic Presence Service; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Mosaic Presence Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use the Mosaic Presence Service after your account has been terminated, without our consent; use the Mosaic Presence Service in an illegal way or to commit an illegal act in relation to the Mosaic Presence Service or that otherwise results in fines, penalties, and other liability to Mosaic Presence or others; or access the Mosaic Presence Service from a jurisdiction where it is illegal or unauthorized.
Consequences of Violating These Terms.
If you do not act acceptably, we may prohibit your use of the Mosaic Presence Service. We reserve the right to suspend or terminate your account and prevent access to the Mosaic Presence Service for any reason, at our discretion. We reserve the right to refuse to provide the Mosaic Presence Service to you in the future.
Mosaic Presence may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Mosaic Presence Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Mosaic Presence Service.
Mosaic Presence’s Liability.
We are not liable for the actions of our users when they use the Mosaic Presence Service. We may also change the Mosaic Presence Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Mosaic Presence Service or other websites.
Changes to the Mosaic Presence Service.
We may change, suspend, or discontinue any aspect of the Mosaic Presence Service at any time, including hours of operation or availability of the Mosaic Presence Service or any feature, without notice or liability.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Mosaic Presence Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Mosaic Presence of all claims, demands, and damages in disputes among users of the Mosaic Presence Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Mosaic Presence Service.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Mosaic Presence Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Mosaic Presence Service. Use the Mosaic Presence Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Mosaic Presence Service.
DISCLAIMER OF WARRANTIES
Released Parties Defined.
“Released Parties” include Mosaic Presence and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.
You use the Mosaic Presence Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE MOSAIC PRESENCE SERVICE IS AT YOUR SOLE RISK, AND THE MOSAIC PRESENCE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE MOSAIC PRESENCE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE MOSAIC PRESENCE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MOSAIC PRESENCE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOSAIC PRESENCE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE MOSAIC PRESENCE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE MOSAIC PRESENCE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOSAIC PRESENCE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Mosaic Presence Service. You may be responsible for our legal fees and costs arising out of your use of the Mosaic Presence Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOSAIC PRESENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MOSAIC PRESENCE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE MOSAIC PRESENCE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE MOSAIC PRESENCE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE MOSAIC PRESENCE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE MOSAIC PRESENCE SERVICE OR YOUR USE OF MOSAIC PRESENCE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Mosaic Presence Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and Mosaic Presence concerning your use of the Mosaic Presence Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial.
We are located in Oakland, CA so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Mosaic Presence Service. These Terms and the relationship between you and Mosaic Presence shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Mosaic Presence agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Mosaic Presence Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Oakland, CA. You covenant not to sue Mosaic Presence in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Mosaic Presence Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.