‍Last updated: August 1, 2024‍

‍‍AGREEMENT TO OUR LEGAL TERMS‍

‍We are miniExtensions, LLC (“Company”, “we”, “us”, “our”), a company registered in Delaware, United States at 651 N Broad St., Suite 206, Middletown, DE 19709.

We operate the website miniextensions.com (the “Site”). These Legal Terms (“the Terms”) govern how you may access and use: (i) miniextensions.com, its subdomains, and any other website where these Terms are posted; (ii) our online hosted services; and (iii) our “Software,” meaning, collectively, our browser extensions, integrations, downloadable applications, application programming interfaces (“APIs”), and tools and documentation ((i) through (iii) (collectively, the “Services”).

These Terms constitute a legally binding agreement between miniExtensions, LLC and you, whether personally (“you”) or on behalf of an entity, such as a company, organization, or principal (“an Organization”) concerning your access to and use of the Services.

If you are an individual and you access or use our Services on behalf of an Organization, then: (i) these Terms are an agreement between us and you as well as us and that Organization; (ii) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have the authority, you may not access or use our Services); (iii) your acceptance of these Terms will bind such Organization to these Terms; (iv) your individual right to access and use our Services may be suspended or terminated (and ownership and administration of your miniExtensions account may be transferred) if you cease to be associated with, or cease to use an email address associated with, owned by, or provisioned by, that Organization; (v) it is the sole responsibility of the Organization to discontinue your account and use of the Services if you cease to represent or be associated with the Organization; (vi) we may disclose information regarding you and your use of the Services, including Your Content to the Organization you represent; and (vii) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization.

By accessing miniextensions.com, creating a miniExtensions account, clicking “sign up” or “sign up with Google”, or otherwise indicating acceptance electronically, you agree that you have read, understood and are bound by all of these Terms, including our Privacy Policy, and all revisions thereof. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms. Supplemental terms and conditions or documents that may be posted on the Services are hereby expressly incorporated. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. You may request copies of prior versions by contacting [email protected]. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted. 

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. By using our Services, you represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Please note that our Services are not configured to meet specific requirements under industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Modernization Act (FISMA), and others. If your activities fall under the purview of such regulations, you may not rely on our Service for compliance.

2. OUR INTELLECTUAL PROPERTY

We are the sole owners of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, our “Intellectual Property”). Nothing in these Terms will be deemed to create a license in or under any intellectual property rights. By using the Services, you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our Intellectual Property.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms, (4) you are at least 18 years of age; (5) you will not access the Services for any unauthorized purpose or in furtherance of any illicit or criminal activity; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

‍You will be required to register an account with miniExtensions to use the Services. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to exercise care in the confidentiality of your account, including but not limited to exiting from your account at the end of each session. You agree to take reasonable steps to ensure the confidentiality of your account, including logging out at the end of each session. MiniExtensions cannot be liable for any loss or damage arising from your failure to comply with this section. 

5. PURCHASES AND PAYMENT

‍We accept all major credit cards, bank debits, and transfers. We currently use Stripe as our third-party service provider for payment services. By using our Services, you grant us the right to provide the information to Stripe, subject to our Privacy Policy. Additionally, you agree to be bound by Stripe’s Services Agreement, viewable at https://stripe.com/us/legal.

‍You agree to provide current, complete, and accurate financial information for all purchases made for the Services. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in US dollars.

If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. You authorize us or our third-party service provider to continue charging your Payment Method, without further notice, until such time as your payment is settled. miniExtensions reserves the right to restrict access to your Account or terminate your Account for nonpayment if such nonpayment is not corrected within thirty (30) days.

‍You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

‍We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel any orders purchased. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. 

‍6. SUBSCRIPTIONS

‍Billing and Renewal

‍Subscription Plans are available with either monthly or annual billing cycles. Your subscription will automatically renew according to your chosen plan, either monthly or annually, until you cancel. By using our Services, you authorize us to charge your payment method on a recurring basis without needing separate approval for each charge. This authorization will continue until you cancel your subscription.

‍All payments are final and non-refundable.  If you dispute any charges, you must inform us in writing within thirty (30) days of being billed by us.

Cancellations

‍You may cancel your subscription at any time through our platform. Your cancellation will take immediate effect, and any unused time within the paid term will be credited to your account.

If you have any questions or are unsatisfied with our Services, please contact us at [email protected] or our live chat.

‍Fee Changes

‍We may, from time to time, make changes to the subscription fee and will communicate price changes with you with advance notice in accordance with applicable law. Upon notice, you have the right to terminate your Subscription Plan.

‍‍7. PROHIBITED ACTIVITIES

‍As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, injure, or harm another person, whether monetarily, physically, or other.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations or in furtherance of criminal activity.
• Engage in unauthorized framing or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to directly compete with us.
• You are expressly prohibited from using our services in any manner that violates the Gramm-Leach-Bliley Act (GLBA) or any other applicable laws concerning the privacy and security of financial information. You must not disclose, use, or allow access to any personal financial information obtained through our services unless such actions strictly comply with the GLBA. This includes, but is not limited to, obtaining information under false pretenses, sharing information without proper consent, or failing to maintain appropriate security measures as required by the GLBA.

‍8. USER GENERATED CONTENT

‍The Services may invite you to chat, contribute to, or participate in message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Content”). Your Content may be viewable by other users of the Services. As such, any Content you transmit may be treated as non-confidential and non-proprietary. By making your Content public, other websites or parties are able to copy and re-post the Content, including without limitation, approved third-party websites that have access to the site through its application program interface (API). You also have the ability to control the account settings that determine whether or not you wish your Content be shared or viewable to others. You agree to hold miniExtensions harmless for any dispute concerning this use.

‍You hereby agree to waive any claims against miniExtensions and its affiliates, contractors, agents, third party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the site or posted on the site, including other Content, by other users and persons.

9. SERVICES MANAGEMENT

We reserve the right and sole discretion to, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

‍10. PRIVACY POLICY

‍We care about data privacy and security. Please review our Privacy Policy: https://miniextensions.com/privacy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

‍11. COPYRIGHT POLICY

‍We respect the intellectual property (IP) rights of others. MiniExtensions is committed to cooperating with copyright holders in identifying offenders and facilitating the enforcement of copyright laws. Content which constitutes an infringement of others’ legal rights are deemed a violation of these Terms, and we reserve the right and discretion to remove such Content.

‍By using the Services, you represent and warrant:

• You have the lawful right to reproduce and distribute such Content.
• The Content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party.
• The Content complies with all applicable federal, state, or local ordinances.

It is our policy to respond to any claim that user Content posted on our Service infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

‍Intellectual Property Rights Infringement & Liability

‍Pursuant to the provisions of 17 U.S.C. § 512(a), miniExtensions is designated as an Internet Service Provider (ISP) and is therefore not liable for monetary damages resulting from its role in transmitting, routing, providing connections, or storing any material in cases of copyright infringement. This limitation applies only when miniExtensions acts as a mere conduit for data transmitted by third parties and does not initiate the transmission, select the material transmitted, or modify the material sent. Furthermore, miniExtensions adheres to all statutory requirements under the Digital Millennium Copyright Act (DMCA), including responding to notices of alleged infringement, and takes proactive steps to ensure compliance with applicable laws.

‍Any liability for damages resulting from copyright infringement rests solely with the infringing party.

‍Copyright Infringement Claims

‍If you are an intellectual property owner, or authorized on behalf of one, and you believe that any Content on our Services has been copied in a way that constitutes infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

DMCA Notice and Procedure for Copyright Infringement Claims

‍You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA Counter Notice Procedure to Copyright Infringement Claims

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details.

A counter notice must include all of the following information:

• Your signature, which may be provided electronically by typing your name
• Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled
• A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• Your name, address, telephone number, and email address
• A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located and that you will accept service of process from the person who provided the original notification or an agent of such person

12. TRADEMARK POLICY

‍Trademark Infringement Claims

‍If you are an intellectual property owner, or authorized on behalf of one, and you believe that any Content on our Services has been copied in a way that constitutes infringement under 15 U.S.C. § 1114, please submit your claim via email to [email protected], with the subject line: “Trademark Infringement Claim” and include in your claim a detailed description of the alleged Infringement as detailed below:

• identification of the trademark owner, registration of the trademark, and contact information of the owner or authorized user;
• a description of the trademark that has allegedly been infringed upon;
• URLs to the specific content hosted on our Services you believe infringes on your trademark.

‍By reporting an Intellectual Property Claim, you agree that all information is accurate and that you have a good faith belief that use of the content in the manner complained of is not authorized by the IP owner, its agent, or the law. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through our Services.

‍Upon receiving an infringement notification, we will:

• Acknowledge receipt of your complaint and review the provided information.
• Conduct an initial review and temporarily disable infringing property if the complaint is valid.
• Notify the content provider of the claim and offer them an opportunity to respond.

‍Trademark Infringement Appeals

If you, a Contributor, believes that the removal was a mistake or that you have the right to use the content, you may submit a counter-notice with evidence supporting you claim. Please submit your counter-claim via email to [email protected] and include:

• Your contact information and claim number.
• A detailed explanation of why the content was removed in error or why they have the right to use the disputed content.
• A statement under penalty of perjury that they believe in good faith that the content was removed due to a mistake or misidentification.

You may contact our Intellectual Property Agent via email at [email protected].

‍‍13. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

‍If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

‍We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW

‍These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware. You agree to submit to the exclusive personal jurisdiction of the federal and state courts in the State of Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm.

‍16. DISPUTE RESOLUTION

‍Informal Negotiations

‍To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually or an Organization, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

‍Binding Arbitration

‍If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced in the state of Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.

‍To the fullest extent permitted by law, any Dispute related to use of the services or under these Terms must be filed within one year after such cause of action arose. If any part of this provision is found to be unenforceable, then neither Party will be required to arbitrate the dispute that falls within the part found to be unenforceable. Instead, such disputes will be resolved in a Delaware court, as outlined in the jurisdiction section above. Both parties agree to submit to the personal jurisdiction of that court.

‍Restrictions

‍The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

‍Exceptions to Informal Negotiations and Arbitration

‍The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

‍17. CORRECTIONS

‍There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

‍18. DISCLAIMER OF WARRANTY

‍THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

‍NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

‍COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

‍19. LIMITATIONS OF LIABILITY

‍IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

DESPITE ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING, OR $100.

AS AGREED TO IN SECTION 15, THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. 

SOME U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

‍20. INDEMNIFICATION

‍You agree to defend and indemnify us including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from third party Claims of loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, (“Claim(s)”). Such Claims may include but are not limited to breach arising from: (1) your Content; (2) use of the Services; (3) breach of these Terms; (4) breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; and (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such Claim, action, or proceeding subject to indemnification. You have the right to proceed with a counsel satisfactory to miniExtensions, any investigation and preparation of the defense and settlement of a Claim. However, you shall not consent to the entry of any judgment or enter into any settlement agreement without miniExtensions’s prior written consent.

‍21. THIRD PARTY WEBSITES

‍Our Service may contain links to third party web sites or services that are not owned or controlled by miniExtensions.com.‍

miniExtensions.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

‍YOU ACKNOWLEDGE AND AGREE THAT MINIEXTENSIONS.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

‍WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

22. USER DATA

‍We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

‍23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

‍You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statuses, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

‍24. CALIFORNIA USERS AND RESIDENTS

‍If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

‍25. MISCELLANEOUS

‍These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. Neither party may assign any or all of our rights and obligations to others at any time. 

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

‍26. CONTACT US

‍In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

‍miniExtensions, LLC

651 N Broad St, Suite 206

Middletown, DE 19709

United States

[email protected]