TERMS OF SERVICE
Last Updated January 10, 2023
This Agreement contains an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.
Some Events are recorded and the footage used or licensed to third parties by MMF. As such, this Agreement contains a media release for any Event footage depicting your name or likeness. See Section 7 (Recordings and Media Release) for full details.
3. Minimum Age
You must be at least eighteen (18) years of Age to access the Website or other Services or to attend an Event. Persons under the age of eighteen (18), including lap children and infants, are prohibited from attending an Event with you.
Any psychic reading provided by MMF (including, without limitation, by Matthew Fraser or Angela Fraser on behalf of MMF) to you personally (a “Reading”), regardless of the medium in which it is provided, is intended for entertainment purposes only and is subject to your personal interpretation. Readings are not intended to be—and should not be interpreted as—medical, financial, legal, psychological, or career advice. If you have a serious medical, financial or legal problem, you must immediately stop using the Services and seek the advice of a licensed professional.
5.1. Event Partners. MMF may partner with third-party vendors (such as promoters, producers, venues, ticket agents, video conferencing providers, and so forth) (collectively, “Event Partners”) to provide Events. Event Partners are independent contractors over whom MMF has no control, and they may have their own terms, conditions, and privacy policies to which you must agree before you can access, attend, or participate in an Event (each, an “Event Partner Terms”). When you enter into an Event Partner Terms, you agree to be bound by the terms thereof. MMF has not read, ratified or endorsed any Event Partner Terms and shall bear no responsibility or liability for any Event Partner Terms or your interactions or transactions with any Event Partner.
5.2. Private Readings. From time to time, MMF may offer you the opportunity to participate in a private session with one of MMF’s psychics (a “Private Reading”) via telephone or video conference. Only one person is allowed to participate with MMF’s psychic in a Private Reading. MMF disclaims all representation or warranty that a Private Reading will have specific results or meet your expectations (for example, an opportunity to communicate with a specific departed loved one). Due to the busy and changing schedules of MMF’s psychics, on occasion, MMF will have to reschedule your Private Reading. As stated below in Section 7.4, you are strictly prohibited from recording or taping a Private Reading.Placing your name on a wait list for a Private Reading with a specific psychic does not guarantee you a Private Reading. The wait list only means you will be notified if or when Private Readings with your preferred psychic become available.
5.3. Online Events. From time to time, MMF may offer you the opportunity to view, attend, and/or participate in a webinar, seminar, Private Reading, or other Event via the internet, telephone, or other technology (collectively, “Online Events”). When purchasing a Ticket to an Online Event, you are responsible for ensuring that your email address and/or other required contact information is correct. MMF is not responsible for lost or misdirected emails regarding an Online Event, including without limitation those marked as spam, junk, or deleted by you. If you have not received your Online Event login credentials, you must send an email to MMF at email@example.com no later than one hour prior to the Online Event start time. You agree not to share your login credentials for an Online Event with any other person or entity. All Online Event start times are in Eastern Standard Time (EST) and it is your exclusive responsibility to convert the start time to your local time.
When viewing, attending and/or participating in an Online Event, it is up to you to ensure that you have a strong and active Internet connection as well as a compatible device. MMF is not responsible for any technical difficulties, login issues, or interruptions you may experience while accessing the Online Event.
You are exclusively responsible for all internet access and data charges applicable to your viewing, attendance, or participation in an Online Event. For example, if you participate in an Online Event via your cell phone using cellular data, your cellular data plan will determine whether you incur data charges related to the Online Event. Please check with your internet service provider to inquire whether data rates may apply.
5.4. Live Events. From time to time, MMF may offer you the opportunity to purchase Tickets to attend an in-person Event (a “Live Event”). You agree to abide by all applicable Event Partner Terms with respect to your attendance or participation in a Live Event.
You must produce a valid Ticket to gain entry to any Live Event and you must produce said Ticket for inspection upon request from an Event official at any time. Failure to produce a valid Ticket when requested may result in you being denied access to the Live Event or in you being removed from the venue. Tickets not purchased through the Website are not guaranteed to be valid.
MMF and its Event Partners reserve the right to refuse admission or eject any person from a Live Event whose conduct is deemed by MMF and/or its Event Partners, in their discretion, to be disorderly or otherwise in violation of this Agreement or the applicable Event Partner Terms.
5.5. Responsibility for Guests. It is your responsibility, as the Ticket purchaser, to inform all persons who attend any Event on a Ticket purchased by you of the existence of and their duty to be bound by this Agreement.
5.6. No Reading Guaranteed. With the exception of Private Readings, admission or access to an Online Event or Live Event does not guarantee that you will receive a Reading.
5.7. Cancellations. While unlikely, either MMF or its Event Partners may be required to reschedule or cancel an Event due to unforeseen or emergency circumstances beyond their control. MMF will provide you email notice of any cancellation or rescheduling as soon as practicable after MMF receives information regarding the same. In the unlikely event of a cancellation for which there is no rescheduled date, MMF, at its sole discretion, will determine whether to issue a refund for Tickets purchased through the Website. If you purchased your Ticket through an Event Partner or other third party, the availability of a refund will be determined by your Event Partner Terms or other third-party agreement.
6. Tickets and Other Purchases
6.1. Payments. You agree to timely pay for all fees associated with your purchase of Private Readings, other Event tickets (collectively, “Tickets”) or other goods or services through the Website. All prices on the Website are stated in U.S. Dollars ($USD) and must be paid in U.S. Dollars unless another currency is accepted by the applicable Event Partner. You are exclusively responsible for all costs and fees associated with currency exchange. When you submit your credit or debit card information to MMF via the Website, such submission constitutes your consent to charge your credit or debit card for the stated fees associated with your purchase transaction. When you submit payment by credit or debit card, you represent and warrant that you are authorized to use such card.
6.2. Event Partner Fees. Ticket handling fees—such as a “box office fee” and/or “convenience fee” —may be added to your Ticket purchase price by our Event Partners, and you agree to pay all such fees that are communicated to you at the time of your purchase.
6.3. Discounts. MMF may occasionally offer Tickets at a discount after the original on-sale date. You may request a price adjustment of the difference between the original price and the sale price no later than the day of the Event by emailing firstname.lastname@example.org. No price adjustment will be made after the Event has begun. MMF is only able to adjust prices on Tickets purchased through the Website and not on those purchased through an Event Partner or other third party.
6.4. Digital Goods. MMF may offer for purchase “Digital Goods” in the form of ebooks, courses and other digital materials. When you purchase a Digital Good, an automatic email will generate and be sent to you with a download link. If you experience any difficulty in downloading your Digital Good, please contact us by email at email@example.com.
Digital Goods are intended and licensed to you for your personal household use only. You agree not to resell, distribute or upload any Digital Goods to any other website, social media platform, or other media.
6.5. Jewelry. MMF may offer jewelry and similar goods for purchase through the Website. All jewelry available for purchase on the Website is not intended for use by children under the age of twelve.
6.6. Refund Policy. Except as expressly provided herein, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS, RETURNS OR EXCHANGES. Except as expressly provided herein with respect to cancelled Events, Tickets cannot be transferred, sold, exchanged or refunded once purchased under any circumstances. MMF is not responsible for lost or stolen Tickets. In no event will MMF refund the cost of a Private Reading or other Event because you were dissatisfied with it. In no event will MMF refund the cost of a Digital Good once you have received it. At its exclusive discretion, MMF will replace damaged jewelry purchased through the Website so long as you email us within seven (7) days of receiving the product at firstname.lastname@example.org to notify us of the damage and upon our receipt of your returned damaged product. In the event we cannot replace the damaged product, MMF will refund the purchase price, less shipping and handling, at its exclusive discretion.
6.7. Tickets Sold Through Outside Box Offices. This Agreement applies only to Tickets purchased through the Website. MMF uses its Event Partners—including without limitation, Vendini, AudienceView, TheaterMania, and OvationTix—for Ticketing services on the Website. If you purchase Tickets anywhere other than through the Website, such purchase will be exclusively governed by the applicable Event Partner Terms or third-party terms and conditions, policies and disclaimers. All refunds, exchanges and modifications must be transacted solely through the third party from whom you purchased your Tickets.
6.8. Buyer Beware. If you purchase Tickets from a non-authorized person or outlet, you risk purchasing a lost, stolen or fake Ticket that is not valid for admittance, regardless of the Event. Only valid Tickets will scan to authorize entry for an Event. Lost or stolen Tickets may be deactivated and thus will not be valid for entry. If you purchase Tickets from a “scalper” or ticket broker, you do so at your own risk and are, in most cases, paying a premium. MMF is not responsible for honoring, replacing or refunding a ticket purchased through a third-party broker.
6.9 No Chargebacks. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to Tickets, goods or services you purchased. You agree that you will not dispute or otherwise seek a “chargeback” from your financial institution or credit-card issuer for any purchase of Tickets or other MMF goods and services by you. Should you do so, your Tickets, goods or services are subject to immediate cancelation, and we may, in our sole discretion, refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Website.
7. Recordings and Media Release
7.1. No Expectation of Privacy. You agree that, with the exception of Private Readings, Events are public events and that your appearance and actions at the Event (whether held online or in a brick-and-mortar venue) and, for Live Events, outside the venue where the Live Event occurs, are public in nature, and that you have no reasonable expectation of privacy.
7.2. Recordings by MMF. You understand and agree that, with the exception of Private Readings, while attending or participating in an Online Event or Live Event, you and/or the members of your party may be filmed, videotaped, recorded, and/or photographed by MMF and/or its Event Partners (collectively, “Event Recordings”). By accessing an Online Event or entering the event premises for a Live Event, you consent to be interviewed, photographed, and recorded as part of the Event Recordings. If you do not want to be featured in the Event Recordings, then you should not attend the Event.
7.3. Media License and Release. You hereby grant to MMF and its licensees, successors, designees and assigns a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to distribute, transmit, publish, copy, or otherwise exploit, either in whole or in part, either digitally or in any other medium, now known or later discovered, your name, image, likeness, voice, conversations, actions, statements, performances, facial expressions, appearances and sounds (collectively, your “Personal Attributes”) as part of the Event Recordings, and to use and grant others the right to use the Event Recordings and your Personal Attributes as featured therein. You understand and agree that your Personal Attributes may be used and exploited for any commercial purpose related to the Services and the promotion thereof by MMF or any of its Event Partners or other sublicensees and assignees, and any other productions related thereto (including, without limitation, “best of” compilations), including without limitation the advertising, promotion, marketing and so forth of MMF, its psychics, and the Services. You agree that your Personal Attributes may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered, modified, and/or used with or without identifying you as their subject. You acknowledge and agree that you have no right to additional consideration, royalties, payment, or accounting other than the opportunity to access, attend, and/or participate in the Event, and that you will make no further claim upon MMF for any reason.
You acknowledge that the Event Recordings and use of your Personal Attributes as contemplated herein may contain information, statements, or representations relating to you of a personal, private, disparaging, embarrassing and/or unfavorable nature, and that such may be summarized, edited, or modified in a manner that you feel is misleading or untrue. You further acknowledge that the Event Recordings and use of your Personal Attributes as contemplated herein may expose you, your family, and/or others to public ridicule or embarrassment.
You knowingly and freely assume all risk by accessing, attending, and/or participating in any Event. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify MMF and its Event Partners, owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “MMF Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, defamation, emotional distress, loss of privacy, right of publicity, attorneys’ fees, or other damages or harm, whether to you or to third parties, that may result from the Event Recordings and use of your Personal Attributes as contemplated herein. You acknowledge and agree that this release is supported by valid consideration.
7.4. No Recordings by You. Your use of cameras, cell phones, videoconferencing recording features, and all recording devices of any kind is not permitted at any Event. Filming, recording, publishing or reproducing any Event by you (whether online, in print or other digital or tangible media, or in person) is strictly prohibited. As between you and MMF, all rights to any Event Recordings are the exclusive property of MMF.
8. Your User Account
8.2. Account Security. You will be asked to provide a username, password, and possibly other information to secure your User Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other User, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify MMF immediately of any unauthorized use of your User Account. MMF shall not be liable for any loss that you incur because of someone else using your User Account, either with or without your knowledge. You may be held liable for any losses incurred by MMF, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your User Account.
9. Your Content.
9.1. Content Defined. All reviews, posts, comments, and other content posted or uploaded by you to the Website is referred to herein as your “Content.” Your Content may include text, photos, videos, GIFs and other media files, links, and so forth.
9.2. License. As between you and MMF, you remain the exclusive owner of all of your Content. However, in order to allow your Content to be displayed on the Website when you post or upload it, we require the following license—or legal permission—from you to do so: You hereby grant to MMF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.
9.4. Your Responsibility for Your Content. You are exclusively responsible for your Content and ensuring it complies with all applicable laws and does not infringe on the rights of any third party, including intellectual property rights. You understand and agree that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other Content posted or made available through the Website that is deemed defamatory, infringing of another’s intellectual property, privacy, or publicity rights, or otherwise legally actionable.
9.5. Access to Your Content. For the most part, your Content is accessible to all Users and Visitors to the Website. You understand and agree that, once you post your Content to the Website, it can be viewed, copied, and reproduced by third parties over which neither you nor MMF have any control. For all of these reasons, you should not have an expectation of absolute privacy in any of your Content and should consider carefully what Content or other information you choose to disclose via the Website.
10. Other Intellectual Property Rights.
10.1. Trademarks. MMF’s trade names, logos, and trade dress—including, without limitation, Matt Fraser®, America’s Top Psychic Medium®, and the Overlapping Feather logo—(collectively, the “MMF Marks“), are trademarks or registered trademarks of MMF. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Services may be the trademarks of Event Partners or other third parties. Neither your use of the Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the MMF Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the MMF Marks generated as a result of your use of the Services will inure to the benefit of MMF, and you agree to assign, and do assign, all such goodwill to MMF. You shall not at any time, nor shall you assist others to, challenge MMF’s right, title, or interest in, or the validity of, the MMF Marks.
10.2. Copyrights. Exclusive of your Content, all content and other materials available through the Services, including without limitation the MMF logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by MMF or are the property of MMF’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor this Agreement grant you any right, title, or interest in any such materials.
10.3. DMCA Policy. As MMF asks others to respect MMF’s intellectual property rights, MMF respects the intellectual property rights of others. MMF follows the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“).
If you believe content located on or linked to by the Services violates your copyright, please immediately notify MMF by emailed DMCA takedown notice (“Infringement Notice“), providing the information described below. If MMF takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to MMF.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Services infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit MMF to find and positively identify that material;
- Your name, address, telephone number, and email address; and
- A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to our Copyright Agent at Marketing@MeetMattFraser.com with the subject line “DMCA Infringement Notice.”
MMF will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
Subject to your compliance with this Agreement, MMF grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Services. No part of the Services may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of MMF. All rights not expressly granted in this Agreement are reserved by MMF. Without limitation, this Agreement grants you no rights to the intellectual property of MMF or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of MMF, you have breached any provision of this Agreement.
13. Receipt of Electronic Communications from MMF.
14. Third-Party Content, Links and Services.
14.1. Third-Party Content. Opinions, advice, statements, or other information made available through the Services by third parties—including Event Partners or other users—are those of their respective authors and should not necessarily be relied upon. Such third parties are solely responsible for their Content. MMF does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party Content or other information accessible on or through the Services; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Services. Under no circumstances will MMF be responsible for any loss or damage resulting from your reliance on information or other Content posted through the Services transmitted to or by any third party.
14.2. Third-Party Links and Websites. The Services may contain links to the websites of third parties (“Third Party Websites“), some of whom may have established relationships with MMF (including Event Partners) and some of whom may not. MMF does not have control over the content and performance of Third-Party Websites. MMF has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, MMF does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. MMF disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
15. Prohibited Conduct.
MMF imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to MMF or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Website; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from MMF, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to crawl, harvest or otherwise collect information from the Website for any use (exclusive of indexing the Website for search engines), including without limitation use on Third-Party Websites; (f) accessing Content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempting to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Website, using ad-blocking or other Content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the MMF Parties in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another’s) business, or causing others to do so; (m) accessing the Website through a VPN or other proxy intended to obscure or falsify your identity or location; or (n) paying anyone for interactions on the Website.
16. Assumption of Risk; Disclaimers; Limitation of Liability
16.1. Assumption of Risk; Release. You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the MMF Parties from any and all claims, actions, or losses that may result from your use of the Services.
16.2 No Warranties. MMF, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Services or Products, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Except as expressly stated herein, neither MMF nor its licensors or suppliers warrants that the Services or Products will meet your requirements, or that the operation of the Services will be uninterrupted or error-free.
16.3. Your Responsibility for Loss or Damage; Backup of Data. You agree that your use of the Services is at your sole risk. You will not hold MMF, the MMF Parties, or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
16.4. Limitation of Liability. In no event shall MMF, the MMF Parties, or its licensors or suppliers be liable to you for any claims arising from your use of the Services, including, without limitation, for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to MMF or its licensors and suppliers arising out of or in connection with your use of the Services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between MMF and you. The Services would not be provided without such limitations.
16.5. Application of Disclaimers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you.
17. Dispute Resolution
17.1. Binding Arbitration. If you and MMF or any of the MMF Parties (collectively referred to in this Section as “MMF”) cannot resolve a dispute or other claim (each, a “Claim”) through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be commenced and conducted through JAMS (www.jams.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and MMF agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against MMF, you will be required to pay an initial fee of $250, and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If MMF initiates arbitration against you, MMF shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and MMF agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and MMF will each pay our own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate in a Court of Competent Jurisdiction to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
17.2. Restrictions Against Joinder of Claims. You and MMF agree that any arbitration shall be limited to each Claim individually. You and MMF agree that each may only bring claims against the other in your or MMF’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action or mass-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
17.3. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or MMF from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or MMF from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any court: (1) that has jurisdiction over the subject matter; and (2) that is located in or nearest to Providence, Rhode Island.
17.4. Governing Law. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the state of Rhode Island, and shall be governed by and construed in accordance with the laws of Rhode Island without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
All notices required or permitted to be given under this Agreement must be in writing. MMF shall give any notice by email sent to the most recent email address, if any, associated with your User Account. You agree that any notice received from MMF electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with MMF is accurate and current, and notice to you shall be deemed effective upon the sending by MMF of an email to that address. You shall give any notice to MMF by submitting said notice to us Marketing@MeetMattFraser.com.
19. ADA Reasonable Accommodation Policy
MMF does not discriminate on the basis of race, color, religion, national origin, ancestry, sexual orientation, age, familial status, gender identity or physical or mental disability or any protected class in its programs, activities, functions or Services.
MMF will make reasonable accommodations for people with disabilities when an accommodation is necessary to insure equal access to its Events and/or other Services. “Disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having an impairment.
If an individual with a disability requires an accommodation such as an accessible feature or modification, MMF will provide a reasonable accommodation unless doing so would result in a fundamental alteration to the nature of the Event or an undue financial burden and/or an undue administrative burden. In such a case, MMF will provide another accommodation that would not result in a fundamental alteration to the nature of the Event, undue financial burden, and/or undue administrative burden, after engaging and considering pertinent factors.
Reasonable accommodation requests will be processed in the order in which the written request is received. Persons may make reasonable accommodations requests at any time by completing the Reasonable Accommodation Request Form, available on the Website.
MMF has the right to request sufficient documentation to make a decision, but does not have a right to diagnosis, medical history or treatment unless directly relevant to a reasonable accommodation request.
MMF will consider, process, and respond to each reasonable accommodation request as soon as possible, but within no less than ten (10) working days. Whenever possible, MMF will consult with the individual requesting the reasonable accommodation to determine what type of auxiliary aid / accommodation is needed. Per the ADA, the ultimate decision as to what measures to take rests with MMF, provided that the method chosen results in effective accommodation.
If MMF determines that the request poses an undue financial and/or administrative burden, it will notify the requester and offer to make changes that do not pose such a burden while still providing equal access.
20.1. Entire Agreement. This Agreement constitutes the entire agreement between MMF and you concerning your use of the Services.
20.2. Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
20.3. Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of MMF, or by the unilateral amendment of this Agreement by MMF along with the posting by MMF of that amended version.
20.4. No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
20.5. Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of MMF. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
20.6. Independent Contractors. You and MMF are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
20.7. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the MMF Parties, Indemnitees, and MMF’s licensors and suppliers (to the extent expressly stated in this Agreement). Provisions of this Agreement referencing Event Partners shall be enforceable by any Event Partner against you.