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Terms and Conditions

Effective: July 2023

This Website, including all of its features and content (the “Website”) is a service made available by MM411, Inc. (“MM411”) and all information, services and software ordered or provided on or through this Website (“Materials”) may be used solely under the following terms and conditions (“Terms of Use”). Your acceptance of these Terms of Use creates a legally binding contract between you and MM411. If you do not agree with any aspect of these Terms of Use, do not use the Website, create an account with us, or make any purchase.

1. LIMITED LICENSE TO USE ONLINE RESOURCES

MM411 is pleased to grant you, as a user of this Website, a nonexclusive, nontransferable, revocable, limited license to access and use this Website and the Materials in accordance with these Terms of Use and any specific terms and conditions that may be posted in connection with particular Materials. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Materials, the latter shall govern. MM411 may terminate access at any time for any reason and, in any such case, any data or information that you provided may be deleted without notice to you. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction or to refuse any order or purchase you make with us. Any offer made on our Website is void where prohibited.

2. PRICING, BILLING, PAYMENTS, AUTO RENEWAL, RETURNS, EXCHANGES, AND REFUNDS

By providing a payment card or other payment method accepted by our Payment Processor(s) or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor(s) to charge or debit your payment method for the total amount of your transaction, including any applicable taxes or other fees. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your account with us and any products or services you have requested may be suspended or cancelled. You may choose to enter into an annual subscription, which will auto-renew at the end of the subscription period. You have the option to opt-out of the auto-renewal at the time you subscribe. We may offer a full refund to the original payment method to you due to dissatisfaction with our products and services. We reserve the right, in our sole discretion, to issue or not issue refunds or exchanges for cancelled products or services. If you have any concerns or problems with help@mm411.com. All descriptions or pricing for products or services are subject to change at any time without notice, at our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. We also reserve the right to discontinue any products or services at any time.

3. LIMITATIONS ON USE

The Materials on this Website are only for your personal use or, as applicable, for the internal use of your employer, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Website or the Materials without MM411’s prior written permission; please notify us at help@mm411.com. and we will be pleased to consider your request for special permission. You may not use the Materials in any way that harms MM411, our employees, directors or other representatives, our participating rights holders or users, or any other third party. You may not use the Website as a destination linked from any unsolicited bulk or commercial messages (spam). If you use interactive areas of the Website, you agree that you will not publish content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable; illegal; or that may infringe on any copyright, trademark, service mark, patent or other proprietary right of any party. You may not use or otherwise export or re-export this Website or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. If you access and use this Website outside of the United States, you are responsible for complying with your local laws and regulations. Any unauthorized use of this Website or the Materials is prohibited.

4. NOT LEGAL ADVICE

MM411 is neither a lawyer nor a law firm. The Materials are not intended to and do not constitute legal advice; and no attorney-client relationship is formed between you and MM411 or any MM411 employee or representative. Nothing submitted to this Website is treated as confidential except as provided in the terms and conditions of applicable licensing services or in MM411’s privacy notice. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Materials. Your use of the Materials on this Website or of any materials linked to from this Website is at your own risk.

5. MEDICAL INFORMATION

MM411 is not a medical provider and is not a covered entity or business associate, as those terms are defined under the Health Insurance Portability and Accountability Act. If you are a medical provider, do not provide us with protected health information, including by posting any protected health information on any interactive area of this Website.

6. INTELLECTUAL PROPERTY RIGHTS

Nothing in these Terms of Use or in the terms and conditions relating to any applicable MM411licensing or other service should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Materials and the Website are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to MM411 or its licensors. If you post on any interactive area of this Website, you agree that MM411 has a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferable license to use and otherwise exploit the information provided by you and that such information does not infringe upon or violate any other party’s intellectual property rights, privacy, publicity or other proprietary rights.

7. LINKING TO THIS WEBSITE

You are welcome to provide links to the pages of this Website provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this Website, and (b) you discontinue providing links to this Website if requested by MM411.

8. NO SOLICITATION BY YOU

You agree that you will not distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of MM411. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate (a) you may list your name, address and email address, and your own Website’s URL, and (b) you may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.

9. REGISTRATION

Certain sections of this Website require you to register. If registration is requested, you agree to provide MM411 with accurate and complete registration information. It is your responsibility to inform MM411 of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular MM411 licensing service authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify MM411 immediately at help@mm411.com.

10. COMMUNICATION FROM US

When you provide us with your contact information, you agree to receive emails or phone calls from us regarding your account or purchases or to promote any special offer(s). We may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us.

11. ERRORS AND CORRECTIONS

MM411 does not promise that this Website or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that it or they will always be accessible. MM411 does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. MM411 may make improvements and/or changes to its features, functionality or Materials at any time.

12. THIRD PARTY CONTENT

Third party content may appear on this Website or may be accessible by way of links from this Website. MM411 is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third-party content appearing on this Website or accessible through it. You understand that the information and opinions in the third-party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, MM411 or any of its employees, directors or other representatives.

13. ATTORNEY ETHICS NOTICE

Third party content may appear on this Website or may be accessible by way of links from this Website. MM411 is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third-party content appearing on this Website or accessible through it. You understand that the information and opinions in the third-party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, MM411 or any of its employees, directors or other representatives.

14. DISCLAIMER

THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE, WITH ALL FAULTS” BASIS. MM411 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT. MM411 DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (a) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (b) ANY THIRD PARTY WEBSITES, OR ANY CONTENT THEREIN, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (c) THE UNAVAILABILITY OF THIS WEBSITE, THE MATERIALS, OR ANY PORTION THEREOF, WHETHER DUE TO AN EVENT OF FORCE MAJEURE OR OTHERWISE (d) YOUR USE OF THIS WEBSITE OR THE MATERIALS, OR (e) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE MATERIALS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THESE TERMS OF USE DO NOT CHANGE.

15. LIMITATION OF LIABILITY

MM411 IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE MATERIALS, THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. MM411 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (b) ANY MATERIALS ON THIRD PARTY WEBSITES, (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (d) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (e) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH MM411 OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (f) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER MM411 KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MM411’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT ANY CLAIM RELATED TO THESE TERMS OF USE MAY NOT BE BROUGHT MORE THAN ONE YEAR AFTER THE EARLIEST TIME THAT SUCH CLAIM MAY ACCRUE, AFTER WHICH TIME SUCH CLAIM IS PERMANENTLY BARRED, WHETHER MADE BY YOU OR BY YOUR LAWFUL SUCCESSORS.

16. INDEMNIFICATION

You hereby indemnify and agree to defend and hold harmless MM411, its officers, directors, employees, agents, licensors and suppliers, its participating copyright rights holders and users, and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, or any other applicable MM411 terms and conditions, by you.

17. THIRD PARTY RIGHTS

The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of MM411 and of each of the other persons listed in paragraph 13. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.

17. THIRD PARTY RIGHTS

The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of MM411 and of each of the other persons listed in paragraph 13. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.

18. UNLAWFUL ACTIVITY

MM411 reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

19. REMEDIES FOR VIOLATIONS

MM411 reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Website and any other MM411 Websites and their features.

20. COPYRIGHT CLAIMS

If you believe that anything on our Website infringes upon any copyright which you own or control, you may notify us of such infringement by sending an email to help@mm411.com..

21. GOVERNING LAW AND JURISDICTION

By visiting MM411, you agree that the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and MM411. You hereby consent and submit to the personal jurisdiction of the courts of Pierce County, Washington for the purposes of litigating any such action.

22. SEVERABILITY OF PROVISIONS

These Terms of Use incorporate by reference any notices contained on this Website, MM411’s privacy notice and the terms and conditions applicable to each of MM411’s licensing or other services. Altogether they constitute the entire agreement between you and MM411 with respect to access to and use of this Website and the Materials. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with specific MM411 licensing or other service terms and conditions that are applicable to the circumstances, then that provision of these Terms of Use shall be deemed severable from the remaining provisions and shall not affect the latter’s validity or enforceability.

23. MODIFICATIONS TO TERMS OF USE

These Terms of Use incorporate by reference any notices contained on this Website, MM411’s privacy notice MM411 may make changes to these Terms of Use at any time. When we make any material change to these terms and conditions, we will inform you by posting a notice on the homepage for 30 days that the terms and conditions have been updated and by changing the “effective date” on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on this Website and are effective immediately. Please review these Terms of Use regularly. Continued use of this Website after any such changes constitutes your consent to such changes.

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