Terms and Conditions
Effective Date: August 3,2023
Welcome to Meshada! These Terms and Conditions ("Terms") govern your access to and use of our website [www.meshada.com] (the "Site") and any related services provided by Meshada ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
1. Acceptance of Terms
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Eligibility
You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you meet this eligibility requirement.
3. User Accounts
a. Account Creation
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. Account Security
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Use of the Site
a. License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use in accordance with these Terms.
b. Prohibited Conduct
You agree not to use the Site to:
- Violate any applicable law or regulation.
- Infringe the intellectual property rights of others.
- Post, transmit, or distribute harmful, threatening, or obscene content.
- Engage in any activity that could disrupt, damage, or impair the Site's functionality or security.
- Attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site.
5. Content and Intellectual Property
a. User Content
You may have the opportunity to submit content (such as text, images, or other materials) to the Site. By submitting content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, publish, and distribute your content in connection with the Site and our services.
b. Our Content
All content on the Site, including text, graphics, logos, images, and software, is the property of Meshada or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Site without our prior written consent.
6. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Meshada. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access these links at your own risk.
7. Disclaimers
a. No Warranty
The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or secure.
b. Limitation of Liability
To the fullest extent permitted by law, Meshada shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of the Site.
8. Indemnification
You agree to indemnify, defend, and hold harmless Meshada, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.
9. Modifications to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
10. Termination
We may terminate or suspend your account and access to the Site at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Site.
11. Dispute Resolution and Arbitration
a. Mandatory Arbitration
- By agreeing to these Terms, you and Meshada agree that any disputes, claims, or controversies arising out of or relating to these Terms, your use of the Site, or your relationship with Meshada will be resolved exclusively through final and binding arbitration, rather than in court. This includes any claims you may assert against Meshada, its affiliates, officers, directors, employees, or agents.
b. Arbitration Procedures
- The arbitration will be administered by [Name of Arbitration Organization, e.g., the American Arbitration Association (AAA)] under its rules in effect at the time of the dispute. The arbitration will be conducted in [City, State], or at another mutually agreed location, or via video conference or other remote means if both parties agree.
- The arbitrator will have the authority to grant any relief that would be available in a court of law, including injunctive or declaratory relief, and will issue a written decision explaining the outcome and the reasoning behind it.
c. Waiver of Jury Trial
- You and Meshada hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Meshada are instead electing to have claims and disputes resolved by arbitration.
d. Class Action Waiver
- You and Meshada agree that any arbitration will be conducted on an individual basis and not as a class action, consolidated action, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
e. Costs of Arbitration
- The payment of all filing, administration, and arbitrator fees will be governed by the rules of the [Arbitration Organization], unless otherwise stated in this agreement. Each party will bear its own costs and fees, including attorney’s fees, unless the arbitrator determines that a party’s claim or defense was frivolous or asserted in bad faith.
f. Exceptions
- Notwithstanding the above, either party may bring an individual claim in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis only.
g. Severability
- If any portion of this arbitration provision is found to be unenforceable, the remaining portions shall still be valid and enforceable.
12. Governing Law
These Terms and any dispute arising out of or related to these Terms or the Site will be governed by and construed in accordance with the laws of the USA, without regard to its conflict of law provisions, except as otherwise provided in the arbitration clause above.