Mindin’ My Macros Terms of Service
Last Modified: 07/15/2024
CUSTOMER IS AWARE AND UNDERSTANDS THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN ANY DIET, WEIGHT LOSS, OR EXERCISE PROGRAM, AND THAT THE SERVICES MAY INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY. CUSTOMER HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY ARISING FROM PARTICIPATION IN THE SERVICES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. ALWAYS CONSULT A PHYSICIAN OR QUALIFIED HEALTH PROFESSIONAL ON ANY MATTERS REGARDING YOUR HEALTH.
1. Acceptance of the Terms of Service.
These Terms of Service are entered into by and between you (“Customer,” or “you”) and Mindin My Macros LLC (“Provider,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of any content, functionality, and services offered on or through mindinmymacros.com or any content or services linking to these Terms of Service (the “Services”), whether as a guest, customer, or registered user. Provider and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.”
Please read these Terms of Service carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Agreement when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://mindinmymacros.com/privacy, incorporated herein by reference.
Individual Coaching Services are subject to our Coaching Agreement. Additional terms and conditions may also apply to specific portions or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
2. Definitions.
(a) “Aggregated Statistics” means data and information related to Customer’s use of the Services that is used by Provider in an aggregate and anonymized manner.
(b) “Customer Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer through the Services.
(c) “Documentation” means Provider’s course manuals, eBooks, worksheets, guides, and other downloadable content relating to the Services provided by Provider to Customer either electronically or in hard copy form.
(d) “Provider IP” means (i) the contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) incorporated into the Services, (ii) the Documentation, and (iii) any and all intellectual property provided to Customer in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of Customer’s access to or use of the Services but does not include Customer Data.
3. Access and Use.
(a) Provision of Access. Subject to and conditioned on Customer’s payment of fees for all Services purchased, Provider hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 12(g)) right to access and use the Services and Documentation during the Term, solely for Customer’s personal, non-commercial use in accordance with the terms and conditions of these Terms of Service.
(b) Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in these Terms of Service. Customer shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) remove any proprietary notices from the Services or Documentation; (iv) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (v) send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 7(d); (vi) transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (vii) impersonate or attempt to impersonate Provider, a Provider employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (viii) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Provider or users of the Services, or expose them to liability or harm; (ix) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services. If Customer prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Services in breach of the Terms of Service, Customer’s right to use the Services will stop immediately and Customer must, at Provider’s option, return or destroy any copies of the materials made. No right, title, or interest in or to the Services or any content incorporated into the Services is transferred to Customer, and all rights not expressly granted are reserved by Provider. Any use of the Services not expressly permitted by these Terms of Service is a breach of the Terms of Service and may violate copyright, trademark, and other laws. Provider reserves all rights not expressly granted to Customer in these Terms of Service.
(c) Suspension. Notwithstanding anything to the contrary in these Terms of Service, Provider may temporarily suspend Customer’s access to any portion or all of the Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer is using the Provider IP for fraudulent or illegal activities; or (D) Provider’s provision of the Services to Customer is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 5(e)(iii). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer may incur as a result of a Service Suspension.
(d) Aggregated Statistics. Notwithstanding anything to the contrary in these Terms of Service, Provider may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider.
4. Customer Responsibilities and Representations.
(a) General. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of these Terms of Service. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your username, password, or other security information. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
(b) Third-Party Products. Provider may from time to time incorporate third-party products and services into the Services (“Third-Party Products”). For purposes of these Terms of Service, such Third-Party Products are subject to their own terms and conditions. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products.
(c) Eligibility. The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. Provider makes no claim that the Services are accessible or appropriate outside of the United States. If Customer accesses the Services from outside the United States, Customer does so on its own initiative and is responsible for compliance with local laws. By using the Services, Customer represents and warrants that it meets the foregoing eligibility requirements.
5. Terms of Sale.
(a) Order Acceptance and Cancellation. Customer agrees that any order submitted to us is an offer to buy, under these Terms, all products and services listed in such order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept any orders in our sole discretion.
(b) Prices and Payment Terms. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Posted prices are subject to change without notice. Further, we may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. Posted prices do not include taxes or, if applicable, charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
(c) Returns and Refunds. Except for any Services designated as non-refundable, Provider will refund your purchase price, less shipping and handling costs, if any, provided such return is made within seven days of delivery and provided that Customer has not accessed more than the first course module. To request a refund, you must contact us by sending an email to support@mindinmymacros.com.
(d) Voidability. These Terms of Service cannot be voided and Customer shall not be entitled to a refund by not accessing or using the Services or in any other way avoiding or refusing delivery of the Services.
(e) Non-Payment. For services purchased on a payment plan or for subscription (recurring) services, Customer shall make all payments hereunder in US dollars on or before the due date set forth in in the applicable service order. If Customer fails to make any payment when due, without limiting Provider’s other rights and remedies: (i) Provider may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Provider for all costs incurred by Provider in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and (iii) Provider may suspend Customer’s access to any portion or all of the Services until such amounts are paid in full.
6. Intellectual Property Ownership.
(a) Provider IP. Customer acknowledges that, as between Customer and Provider, all right, title, and interest in and to Provider IP is owned by Provider, its licensors, or other providers of such material and Providers IP is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(b) Customer Data. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Provider to provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics.
7. User Contributions.
(a) General. The Services may include message boards, chat rooms, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution Customer posts to the site will be considered non-confidential and non-proprietary. By providing any User Contribution within the Services, Customer grants us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
(b) Representations. Customer represents and warrants that: (i) it owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Provider and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) all of Customer’s User Contributions do and will comply with these Terms of Service; (iii) Customer understands and acknowledges that it is responsible for any User Contributions it submits or contributes, and Customer, not the Provider, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and (iv) Provider is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by Customer or any other user of the Services.
(c) Monitoring and Enforcement; Termination. Provider reserves the right to: (i) remove or refuse to post any User Contributions for any or no reason in its sole discretion; (ii) take any action with respect to any User Contribution that it deem necessary or appropriate in its sole discretion, including if it believes that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Provider; (iii) disclose the identity or other information about Customer to any third party who claims that material posted by Customer violates their rights, including their intellectual property rights or their right to privacy; and (iv) take appropriate legal action, including, referral to law enforcement, for any illegal or unauthorized use of the Services. However, Provider cannot review material before it is posted within the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Provider assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Provider has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
(d) Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Services and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vi) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (vii) impersonate any person or misrepresent your identity or affiliation with any person or organization; (viii) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (ix) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
8. Publicity. Customer hereby consents to the use and display, by Provider and its agents, of Customer’s name, voice, likeness, image, appearance, writings, and biographical information in, on, or in connection with any photographs, audio and video recordings, advertising and marketing brochures, books, and all other printed and electronic forms and media throughout the world, at any time during or after the Term of this agreement, for all legitimate business purposes of Provider, without payment or royalty.
9. Warranty Disclaimer.
(a) THE SERVICES ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE, OR REPLACE, PROFESSIONAL MEDICAL ADVICE OR TREATMENT OR PSYCHOLOGICAL COUNSELING. CUSTOMER SHALL SEEK THE ADVICE OF ITS PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS OR CONCERNS REGARDING A MEDICAL CONDITION OR TREATMENT AND BEFORE USING THE SERVICES OR UNDERTAKING ANY NEW HEALTH CARE REGIMEN. CUSTOMER SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF STATEMENTS ACCESSED WITHIN THE SERVICES.
(b) PARTICIPATION IN THE SERVICES AND USE OF THE INFORMATION THEREIN IS DONE AT CUSTOMER’S OWN RISK. PROVIDER MAY PROVIDE CUSTOMER WITH INFORMATION RELATING TO PRODUCTS THAT MIGHT BENEFIT THE CUSTOMER. BUT SUCH INFORMATION IS NOT TO BE TAKEN AS AN ENDORSEMENT OR RECOMMENDATION. PROVIDER MAY MAKE DIETARY OR LIFESTYLE SUGGESTIONS TO CUSTOMER. BUT ANY DECISION TO APPLY OR USE SUCH SUGGESTIONS SHALL BE MADE SOLELY BY CUSTOMER. ANY PHYSICAL ACTIVITY PERFORMED BY CUSTOMER IN CONNECTION WITH THE SERVICE IS PERFORMED AT CUSTOMER’S OWN RISK AND DISCRETION. PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR ADVERSE EFFECTS OR CONSEQUENCES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION BY, OR ANY INFORMATION OR SUGGESTIONS GIVEN TO, CUSTOMER IN CONNECTION WITH THE SERVICES.
(c) INDIVIDUAL RESULTS WILL VARY. PROVIDER DOES NOT GUARANTEE OR CLAIM THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR OUTCOME. TESTIMONIALS GIVEN IN CONNECTION WITH THE SERVICES ARE THE INDIVIDUAL EXPERIENCES OF THE PERSONS WHO HAVE UTILIZED PROVIDER’S SERVICES AND MAY NOT BE TYPICAL.
(d) PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR THE USE THEREOF, WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
(e) PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE SERVICES. CUSTOMER’S USE OF THE SERVICES, ITS CONTENT, AND ANY OTHER SERVICE OR ITEM OBTAINED THROUGH THE SERVICES IS AT CUSTOMER’S OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER PROVIDER NOR ANYONE ASSOCIATED WITH PROVIDER REPRESENTS OR WARRANTS THAT THE SERVICES, OR ANY OTHER SERVICE OR ITEM OBTAINED THROUGH THE SERVICES WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS.
(f) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider’s option, defend Provider from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) resulting from any third-party claim, suit, action, or proceeding based on Customer’s (i) negligence or willful misconduct; or (ii) use of the Services in a manner not authorized by the Terms of Service.
11. Limitations of Liability. IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES. IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ONE TIMES THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THESE TERMS OF SERVICE IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Term and Termination.
(a) Term. The term of these Terms of Service begins on the order date and will continue in effect for one month (“Initial Term”), and these Terms of Service will automatically renew for additional successive monthly terms unless earlier terminated pursuant to these Terms of Service’s express provisions or either Party gives the other Party written notice of non-renewal at least five business days prior to the expiration of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”).
(b) Termination. In addition to any other express termination right set forth in these Terms of Service, Provider may terminate these Terms of Service, effective on written notice to Customer, if Customer (i) fails to pay any amount when due hereunder, and such failure continues more than 14 days; or (ii) breaches any of its obligations under Section 3(b) or 7;
(c) Effect of Expiration or Termination. Upon expiration or earlier termination of these Terms of Service, Customer shall immediately discontinue use of the Services. No expiration or termination will affect Customer’s obligation to pay all fees that may have become due before such expiration or termination or entitle Customer to any refund.
(d) Survival. This Section 12(d) and 5, 6, 8, 10, 11, 13, and any provision that must survive to meet its essential purpose, shall survive any termination or expiration of these Terms of Service.
13. Miscellaneous.
(a) Entire Agreement. These Terms of Service, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of these Terms of Service and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of these Terms of Service and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, any Coaching Agreement, (ii) second, these Terms of Service; and (iii) third, any other documents incorporated herein by reference.
(b) Notices. Provider may provide any notice to Customer under these Terms of Service by sending a message to the email address you provide or by posting to our website. It is your responsibility to keep your email address current. Customer may provide any notice to Provider under these Terms of Service by (i) sending a message to support@mindinmymacros.com; or (ii) by personal delivery or overnight courier [Danielle Marenburg, 4354 El Capitan Ct. Carlsbad, CA 92010]. We may update our addresses for notices to us by posting updates to these Terms of Service on our website. Notices sent by email will be effective when sent. Notices provided by posting will be effective upon posting. Notices provided by personal delivery or overnight courier will be effective upon delivery.
(c) Force Majeure. In no event shall Provider be liable to Customer, or be deemed to have breached these Terms of Service, for any failure or delay in performing its obligations under these Terms of Service, if and to the extent such failure or delay is caused by any circumstances beyond Provider’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns, power outages, or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
(d) Amendment and Modification; Waiver. Provider may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these Terms of Service, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms of Service will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
(e) Severability. If any provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
(f) Governing Law. These Terms of Service is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California.
(g) Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF ANY SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14(g). (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(h) Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under 6 or, in the case of Customer, Section 3(b) or Section 7, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
(i) Comments and Concerns. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@mindinmymacros.com.
