Last Updated: August 4, 2022
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY
- Eligibility and Authority
- Purchase of Services
- Termination / Cancellation of Services
- Membership Community
- Prohibited Conduct
- Changes to the Services
- Closing Your Account
- Third-Party Services and Linked Websites
- Ownership and Proprietary Rights
- Intellectual Property
- Intellectual Property Infringement Complaints
- Digital Millennium Copyright Act
- User Interactions
- No Professional Advice
- Disclaimer of Warranties
- Limitation of Liability
- Representations and Warranties
- Safety Warnings
- Conditions of Use, Notices, and Revisions
- Choice of Law and Forum
- New Jersey Users
- Force Majeure
- How to Contact Us
1. Eligibility and Authority
Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than in connection with your personal, non-commercial use of the Services is strictly prohibited. You agree to not reproduce, publish, distribute, redistribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, white-label, scrape, extract, wrap, create derivative works of, reverse engineer, decompile, or disassemble any aspect of the Site, the Services, or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of MDC, or our Contributors, in each specific instance.
You agree that you will not take any actions that will interfere with or damage the Services. Licenses granted herein are subject to you keeping intact all copyright and other proprietary notices contained in the Content and any materials we provide to you. All rights not expressly granted to you herein are reserved to us. You acknowledge and agree that any misappropriation or misuse of the Content or any other information contained on the Site or within the Services will cause irreparable harm to MDC and that in such event money damages will not constitute sufficient compensation to us. If you, directly or indirectly, misappropriate or misuse the Content or any other information contained on the Site, or within the Services, you specifically consent to MDC obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.
4. Purchase of Services
Some of the Services provided by us may require the purchase of a subscription to access such Services (a “Subscription”) while other Services may require a one-time purchase for a one-time price (a “Fee”). All purchases shall be made via Thinkific or any other third-party service provider we may designate from time to time. The payment processor’s terms and conditions apply to your payment transaction. You may be required to enter into an enrollment agreement for Services at the time you purchase such Service(s). Unless expressly stated otherwise, features and prices are subject to change at any time in our sole discretion. When you purchase Services, you will be required to provide some information about yourself, such as your email address, or other contact information. You agree that any such information provided is accurate and that you will keep it accurate and up to date at all times. We reserve the right to suspend or terminate your right to access or utilize the Services if we, Thinkific, or any other third-party service provider we may designate from time to time, determines that the information you provide is incorrect, false, or otherwise not up to date. We are careful to keep the technicalities of your purchase and payment method protected (as far as it is within our control to do so). However, you agree that we shall not be held liable for any loss you may suffer if the applicable third-party payment processor allows unauthorized access to any data or Personal Information that you provide when purchasing any Services.
5. Termination / Cancellation of Services
We reserve the right, in our sole determination, to postpone, cancel, or modify the Services for any reason. Except as expressly set forth herein below, no refunds or credits will be given for a cancelled Service beyond your statutory rights. For questions or support with the purchase of Services or cancellation, please contact our community manager at: Leah@monadelahooke.com.
6. Membership Community
Registration and Account
Registration for our online Membership Community, tentatively titled the Brain-Body Parenting Collective (the “Membership Community”) will be made available from time-to-time in our sole discretion. Registration in the Membership Community shall be subject to availability and payment of the applicable monthly Subscription. You may register for a chance to join our Membership Community by completing and submitting the subscription form. You must not allow any other person to use your Member account (“Account”) to access the Membership Community. Use any other person’s Account to access the Membership Community is prohibited.
Membership Community Subscription Terms
The following terms shall apply to the sale of Subscriptions to the Membership Community. Any agreement to purchase a Subscription is with MDC. Each Subscription/access right is personal to the individual subscriber, and is a non-exclusive, non-transferable right of access from the date of purchase, fully in accordance with Section 2 above. When you request a Subscription (which includes Subscription renewals) to the Membership Community, the Subscription will be on a month-to-month terms basis. Subscriptions and access rights are supplied subject to availability and continuing to be owned by us or licensed to us. If we are unable to supply any Subscriptions/access rights for the agreed term, we will inform you as soon as possible and provide you with a full refund. If your request for a Subscription is accepted, you will be responsible for maintaining confidentiality of your online Account and password and preventing unauthorized access to your Account. You agree to take responsibility for all activities that occur under your Account or password. If you believe your Account or password is being or is about to be used by anyone else, please contact our community manager at: Leah@monadelahooke.com.
The Membership Community shall be administered by a Thinkific or any other third-party service provider we may designate from time to time. In addition to hosting and administering the Membership Community, Thinkific shall be responsible for the processing of all payments in connection with the Membership Community. The payment processor’s terms and conditions apply to your payment transaction. We are careful to keep the technicalities of your purchase and payment method protected (as far as it is within our control to do so). However, you agree that we shall not be held liable for any loss you may suffer if the applicable third-party payment processor allows unauthorized access to any data or Personal Information you provide when purchasing a Subscription. Except as expressly set forth herein below, all sums are non-refundable once paid.
14-day Moneyback Guarantee
We’re committed to providing a Membership Community that works for our Members. If for any reason you are not completely satisfied with the Content or support services in connection with the Membership Community, we will refund your money within 14 days after your Subscription purchase, no questions asked. We need the following information in order to refund your payment:
- Your order number and registration email
- Reason for requesting your refund
Please email this information to our community manager: Leah@monadelahooke.com, and we will process your refund request as promptly as possible.
Prices and Payments
Subscription pricing depends on your billing/invoice address and the period during which you register. All prices are subject to change at any time in our sole discretion; provided, that your rate at the time of Subscription will remain locked in perpetuity. Purchasing a Subscription requires a valid credit/debit card by a bank acceptable to MDC and the third-party payment processor used to process charge(s) on your credit/debit card in the amount of the total purchase price for the subscription (plus any applicable taxes or other fees) that you purchase. All payments shall be made in U.S. dollars. When you make a purchase, in addition to providing traditional billing information such as your name, billing address, and credit card information, you may also be required to provide additional information to verify your identity before completing your transaction. When purchasing a subscription, you represent that you are providing information about yourself that is true, accurate, current, and complete, including your name, billing address, e-mail address, and any additional information as indicated. Additionally, you warrant and represent that the payment details you provide are both legitimate and accurate and confirm that you are the person indicated in the “Billing” information provided. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period but may be terminated earlier in our sole discretion. You represent and warrant that you are authorized to use the payment method designated, and you authorize our designated third-party payment processor to charge your designated payment method for the total amount of any fees you owe to MDC including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Membership Community may be terminated. Except as otherwise expressly set forth above, we reserve the right, in its sole and absolute discretion, to change our subscription plans or adjust its access fees or subscription fees at any time. Any such changes will take effect following notice to you.
Your monthly subscription may be cancelled at any time before the end of the current monthly billing cycle; provided, that, except as otherwise expressly set forth above, your monthly subscription will automatically renew unless cancelled. When cancelling a monthly subscription, all future charges associated with future months beyond the conclusion of the current monthly billing cycle shall be cancelled. Except as otherwise expressly set forth above, you will not receive a refund, prorated or otherwise, for the remainder of the monthly term. However, your Subscription access and/or accompanying Member benefits will continue for the remainder of the current monthly billing period. For your convenience, we enable continuous renewal of your monthly subscription at the agreed upon price until you affirmatively cancel. If your credit or debit card can’t be charged, the applicable third-party payment processor will invoice you directly instead. IF YOU DO NOT WANT THIS AUTOMATIC RENEWAL CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE MONTHLY SUBSCRIPTION PERIOD. IF YOU PURCHASED YOUR SUBSCRIPTION THROUGH A THIRD-PARTY PAYMENT PROCESSOR, PLEASE REFER TO ANY TERMS AND CONDITIONS PROVIDED TO YOU BY THE THIRD-PARTY PAYMENT PROCESSOR IN CONNECTION WITH YOUR SUBSCRIPTION PURCHASE.
7. Prohibited Conduct
By using the Services, including, the Membership Community, you agree not to:
(a) Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
(b) Use the Services in connection with research, development, or offering any service that competes with the Services;
(c) Obtain, attempt to obtain, or redistribute any Materials (as defined in Section 12 below) or information available through the Services through any means not intentionally made available by MDC, including by any form of automated access, scraping, or similar process, without our express written permission;
(d) Infringe, misappropriate, violate, or encourage others to infringe, misappropriate, violate, any right of any third party, including by infringing or misappropriating third party intellectual property rights or rights of publicity or privacy;
(e) Post, upload, submit or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive or inappropriate;
(f) Interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services, except to the extent that the activity is expressly permitted by applicable law notwithstanding this limitation;
(g) Interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
(j) Attempt to do any of the acts described in this Section or assist or permit any person to engage in any of the acts described in this Section.
8. Changes to the Services
We reserve the right to modify or discontinue all or any part of the Services at any time (including by limiting or discontinuing certain features of the Services and modifying Content), temporarily or permanently, without notice to you, at our sole discretion.
9. Closing Your Account
You may close your account at any time by contacting our community manager at: Leah@monadelahooke.com.
In the event of account deletion for any reason, Materials (as defined in Section 12 below) may no longer be available and MDC is not responsible for the deletion or loss of such Materials. If you cancel your Subscription or it is terminated for any reason, you will lose access to all Services.
11. Third-Party Services and Linked Websites
12. Ownership and Proprietary Rights
13. Intellectual Property
All trademarks, trade names, logos, domain names, designs, and other distinctive signs, copyrights, and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of MDC or our Contributors (as applicable). MDC and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of MDC or the applicable Intellectual Property owners on a case-by-case basis. We respect the intellectual property rights of others, and we ask you to do the same. We vigorously enforce our Intellectual Property rights to the fullest extent permitted by law. We will prosecute any unauthorized use or reproduction of the Intellectual Property, the Content, databases used to store the Content, and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
14. Intellectual Property Infringement Complaints
If you believe that your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to our community manager at: Leah@monadelahooke.com. If notified of an allegation that the Site contains infringing information, materials, or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.
15. Digital Millennium Copyright Act
Notwithstanding anything to the contrary contained in Section 14 above, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent designated below with the following information in writing:
(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 at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as a postal address, telephone number, and email address;
(e) 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
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If notified of an allegation that the Site contains infringing information, materials, or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law. Our designated Copyright Agent to receive DMCA notices is Mona Delahooke Consulting LLC c/o Lyons & Salky Law, LLP, having an address for notice located at 1216 Broadway, Suite 414, New York, New York 10001.
16. User Interactions
For clarity, you retain ownership of your Materials. For any Materials made available by you on through the Services, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze and exploit such Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition, if you provide to us any ideas, proposals, or suggestions (collectively, “Feedback”), whether related to the Site, our Services or otherwise, such Feedback will be deemed Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place MDC under any fiduciary or other obligation. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that your Materials, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Materials made available by you, which you may have under any applicable law under any legal theory.
You may not upload or otherwise publish Materials on the Site, through the Services, or on any third party platform that administers any such Services, that (a) is confidential to you or any third party; (b) is untrue, inaccurate, false, or other than an original work of your authorship; (c) relates to or impersonates any other person; (d) violates the copyright, trademark, patent, or other intellectual property rights of any person or entity; (e) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods, or services to which the Materials relates; or (f) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to, the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically, or are otherwise objectionable or otherwise contrary to the laws of any place where such Materials may be accessed; (iv) constitute personal attacks on other individuals; (v) promote criminal, immoral, or illegal activity; (vi) promote or advertise any person, product, or service or solicit funds; or (vii) are deemed confidential by any contract or policy.
You are solely responsible for any Materials you make and their accuracy, and you agree to defend, at MDC’s option, and at your sole expense, indemnify and hold MDC and our Contributors, and their respective employees, agents, representatives, successors, and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which MDC may incur as a result of any Materials you make available through the Services. We take no responsibility and assume no liability for any Materials posted by you or any third party, and we do not endorse any statement, idea, or representation contained in any Materials, nor do we guarantee the accuracy, integrity, or quality of any such Materials. We may (but have no obligation to) monitor, evaluate, alter, or remove Materials before or after they appear through the Services, or analyze your access to or use thereof. We may disclose information regarding your access to and use of the Site and our Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
17. No Professional Advice
By using the Services, you acknowledge and agree that:
(a) To the extent the Services in connection with the Membership Community or otherwise involve any personal, emotional, mental, or psychological issues, the Services are not being offered by MDC as a substitute for expert medical, physical, mental, or psychological health care, nor are they meant to diagnose, treat, prevent, or cure any physical, medical, mental, emotional, or psychological ailment, disease, or condition. To be clear, the Services are not being offered by any coach in the capacity of a licensed therapist, health care professional, or mental health expert and should not be used as a substitute, replacement, alternative, or proxy for professional medical, physical, emotional, mental, or psychological health care treatment, counseling, therapy, psychoanalysis, substance abuse treatment, or any other mental or physical health advice, guidance, or counsel. You should maintain a relationship with a physician or other appropriate healthcare provider who is available to provide emergent and urgent care.
(b) To the extent the Services in connection with the Membership Community or otherwise involve any coaching, such Services are designed to function as guided conversations that contain actions (co-created by the coach and the user) to help the user consider their existing approaches to issues and evaluate alternative approaches to such issues. You are fully responsible, at all times, for your own well-being, including, without limitation, as it relates to issues involving mental health, physical health, psychological health, career, finances, business decisions, and any other choices, decisions, actions, or inaction that they may encounter personally or professionally.
Expected Benefits of Services
Benefits are variable, unique, and depend completely on you. MDC cannot guarantee any benefits or effects in working with MDC.
Risks to Services; Express Assumption of Risks
By engaging with any of the Services, you understand and agree that you are voluntarily participating in such Services, during which you may receive information, guidance, coaching, or instruction about health and wellness practices. Risks to undergoing coaching include mental distress, discomfort implementing lifestyle changes, dissatisfaction with results, and over-relying on coaching notwithstanding recommendations by MDC. Any physical, fitness or wellness training program (including, without limitation, exercise, diet, meditation, breathwork, or yoga) may require (to various degrees) strenuous physical exertion, and you are fully aware of and hereby fully assume the associated risks and hazards involved, whether known or unknown, which might be sustained by you (collectively, “Risks”).
Alternatives to the Services
Alternatives to the services herein include self-help techniques and seeing a licensed healthcare provider or other professional to treat a physical or psychological condition.
MDC will make reasonable efforts to keep the Site available twenty-four (24) hours a day, seven (7) days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited from time to time, and MDC will not be responsible for the non-availability of the Site. MDC reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of the Site at any time.
19. Disclaimer of Warranties
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) MDC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, MDC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE AND SEVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF MDC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MDC TO USE THE SITE AND ANY SERVICES; AND (II) FIFTY U.S. DOLLARS ($50). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE TERMS AND THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH MDC AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF MDC’S LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.
21. Representations and Warranties
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MDC and the Affiliated Entities, including our Contributors, partners, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Site (including, without limitation, any Content you submit on or to the Site or the Services; (b) your breach of any representations, warranties, obligations, or any other terms or conditions set forth in the Agreement; (c) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, privacy, or personal right(s); or (d) any misrepresentation made by you. We will provide you with timely notice of any such claim, suit, or proceeding, and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
23. Safety Warnings
TO THE EXTENT ANY SERVICE INVOLVE MENTAL HEALTH OR WELLNESS INFORMATION, SUCH INFOMATION IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL/MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR PHYSICAL OR MENTAL HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER, OR OTHER MENTAL/PHYSICAL HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR MENTAL HEALTH-RELATED ADVICE FROM YOUR APPLICABLE HEALTHCARE PROFESSIONAL(S) BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR HEARD IN CONNECTION WITH THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT INTENDED AS MEDICAL OR MENTAL HEALTH ADVICE.
24. Conditions of Use, Notices, and Revisions
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
This Arbitration Section applies only to users in the United States.
Dispute Resolution and Arbitration
Notwithstanding the foregoing, you and MDC both agree that nothing in this arbitration Section will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (a) bring an individual action in a U.S. small claims court; or (b) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration Section doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class or Representative Proceedings: Class Action Waiver
YOU AND MDC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and MDC mutually agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or MDC may start arbitration proceedings. Any arbitration between you and MDC will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Section. You and MDC agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA. Any arbitration hearings will take place in the county (or parish) of your billing address; provided, that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, MDC will reimburse you for that filing fee, unless your claim is for greater than $10,000, in which case you will be responsible for the filing fee. MDC will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). MDC’s address for Notice is: Mona Delahooke Consulting LLC c/o Lyons & Salky Law, LLP, 1216 Broadway, Suite 414, New York, New York 10001. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or MDC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MDC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of MDC’s last written settlement offer, then we will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed during the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
26. Choice of Law and Forum
27. New Jersey Users
29. Force Majeure
30. Contact Us