trevdor/Ts-and-Cs

## Ts-and-Cs
IMPORTANT: Please read this document carefully, as it contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By using our services and engaging other users of this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You may not use our services or engage other users of this website if you do not agree to these terms and are not at least eighteen (18) years of age.
These terms of service (these "Terms") apply to individuals (either adult students or parents of minor students) (“Students”) who search for, enter into agreements with, and pay (our “Services”) music lesson providers (“Music Teachers”) through www.MoonMagnetMusicSchool.com and any related mobile application, if and as applicable, (together the “Website”). These Terms are subject to change by Moon Magnet Music, LLC (“MMMS,” “we,” “us”) without prior written notice at any time, in our sole discretion.
These Terms are an integral part of the “MMMS Terms”, which include our Website Terms of Use, Privacy Policy, Copyright Policy, these Terms, and any documents that are expressly referenced by them that apply generally to the use of our Website. Unless otherwise provided in such revision, the revised terms will take effect when they are published and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised MMMS Terms means that you accept and agree to the changes. You are expected to check the MMMS Terms from time to time so you are aware of any changes, as they are binding on you.
1. OVERVIEW
The Website contains features that enable Music Teachers and Students (collectively “Registered
Users”) to do, among other things, the following:
Music Teachers. Create profiles, advertise capabilities, obtain Student clients, obtain feedback from Students, and receive payment from Students.
Students. Register for an account through the Website, search for Music Teachers, retain Music Teachers, communicate with Music Teachers, leave feedback for Music Teachers, and pay Music Teachers.
MMMS acts as a payment provider by providing the Services including, without limitation, creating, hosting, maintaining, and providing payment services to Music Teachers via the Website. MMMS does not have any control over the purchase and implementation of lessons from a Music Teacher by a Student (“Music Lessons”) paid for through MMMS payment services. MMMS IS NOT RESPONSIBLE IN ANY WAY FOR THE TIMELINESS, ACCURACY, COMPLETION, OR WORKMANSHIP OF ANY WORK PRODUCT PRODUCED BY A MUSIC TEACHER AS A RESULT OF A MUSIC LESSON, NOR FOR ANY OTHER ACT OR OMISSION OF A MUSIC TEACHER. A MUSIC TEACHER IS NOT AN AGENT OF MMMS AND REGISTERED USERS AGREE THEY HAVE A DIRECT RELATIONSHIP WITH EACH MUSIC TEACHER TO PROVIDE MUSIC LESSONS. MOREOVER,

 MUSIC TEACHERS HAVE NO AUTHORITY TO EXPAND OR MODIFY ANY WARRANTY, LIABILITY, OR INDEMNITY STATED IN THE MMMS TERMS. MMMS IS NOT RESPONSIBLE FOR A STUDENT’S SAFETY DURING SERVICES PERFORMED BY MUSIC TEACHERS. PARENTS OF MINOR CHILDREN AGREE THEY WILL NOT LEAVE CHILDREN UNDER 18 ALONE WITH A MUSIC TEACHER DURING ANY LESSON.
By using our Services, you expressly acknowledge that: (a) MMMS is not acting as a trustee or a fiduciary of any Registered Users and that our Services are provided to Registered Users administratively; (b) MMMS is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the MMMS billing and payment services are payment services rather than a banking service; (c) MMMS IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH MMMS ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS, OR FORFEITURE.
2. RELATIONSHIPS
Student and Music Teacher. The engagement, contracting, and management of a Music Lesson are between a Student and a Music Teacher. At the time a booking request is accepted, the Student agrees to purchase, and the Music Teacher agrees to deliver the Music Lessons and related deliverables in accordance with these Terms. You agree not to enter into any contractual provisions in conflict with these Terms. The Student is responsible for remitting subscription fees for Music Lessons in advance of the Music Lessons. The Music Teacher is responsible for the performance and quality of the Music Lessons in accordance with a Music Lessons Agreement between Student and Music Teacher. Student and Music Teacher each covenant and agree to act with good faith and fair dealing in purchase and performance of the Music Lessons.
Independence. Each Music Teacher has an independent contractor relationship with MMMS. These Terms are not intended to, and do not create any agreement contrary to the independent contractor nature of the relationship between Music Teacher and MMMS. No partnership, joint venture, agency, or employer-employee relationship between Music Teacher and Student or between MMMS and any Student or Music Teacher are herein created.
Registered Users and MMMS. MMMS is not a party to the dealing, contracting, and fulfillment of any Music Lesson between a Student and a Music Teacher. MMMS has no control over and does not guarantee the quality, safety, or legality of any services performed or deliverables created, advertised, the truth or accuracy of Music Lesson listings, the qualifications, background, or abilities of Registered Users, the ability of Music Teachers to perform services, the ability of Students to pay for Services, or that Student or Music Teacher can or will actually complete a Music Lesson. All rights and obligations for the purchase and sale of Music Lessons are solely between a Student and a Music Teacher. MMMS does not provide any Music Teacher with materials or tools to complete the Music Lesson. Students and Music Teachers must look solely to the other for enforcement and performance of all the rights and obligations arising from Music Lessons Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Agency. These Website Terms and any registration for or subsequent use of the Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and MMMS, except and solely to the extent expressly stated in the MMMS Terms.

 Taxes. Registered Users are responsible for payment and reporting of any taxes. MMMS is not obligated to determine the applicability of any taxes or to remit, collect, or report any such applicable taxes. You agree that you will abide by any and all applicable state and federal tax statutes, regulations, and common law. In the event MMMS receives a notice of non-compliance with any such statute, regulation, or common law, including, without limitation, an Internal Revenue Service Levy, MMMS will deem such receipt a breach of this section and may suspend your account until MMMS receives an Internal Revenue Service Release.
3. FEES AND PAYMENT TERMS
Prices. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Music Lesson will be the price in effect at the time Music Lesson is requested and will be set out in your order confirmation email. Price increases will only apply to Music Lesson requests or auto-payment effected after such changes. Posted prices do not include taxes or charges for shipping and handling. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Payment. A Registered User’s use of the Services constitutes an agreement to pay for any amounts which you authorize us to retain from transactions. Such payments, once authorized, are final. When a Music Teacher has completed a session: (a) MMMS shall have no further liability to any party with respect to payment for such Music Lesson; (b) Student acknowledges that MMMS has provided a complete service in respect of the payment made by Student, as applicable; and (iii) Student hereby releases MMMS from any and all liability with respect to such payment. We accept all major credit cards for all Music Lesson payments. You represent and warrant that: (a) the credit card information you supply to us is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; and (c) charges incurred by you will be honored by your credit card company.
Remedy. If, for any reason, MMMS does not receive payment for any amounts that you have authorized to be paid through your use of the MMMS Services, you agree to pay such amount immediately upon demand by MMMS. You also agree to pay any interest charges, attorneys’ fees, and other costs of collection incurred by MMMS in collecting from you the authorized but unpaid amount. In such case, MMMS may, at its option, stop processing any further payments made by you and apply any amounts then held by MMMS on your behalf toward any deficiencies, losses, or costs that we have incurred as a result of your use of the MMMS Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Cancellations, Rescheduling, and Refunds. Unless canceled or rescheduled pursuant to these Terms, Students will be charged on the first of the month for Music Lessons that happened during the previous month by using the credit card on file with us. Upon payment to MMMS by Student for Music Lessons, MMMS will assume responsibility for Transfer of payment to Teachers for such Music Lesson (less applicable Service Charge). You acknowledge that such funds will belong to MMMS immediately upon such funds being transferred to MMMS by you and, unless canceled pursuant to these Terms, are non

 refundable. Students aren’t charged for lessons if they cancel their lesson directly with a MMMS Administrator or their Teacher twenty-four (24) hours prior to the scheduled Music Lesson. If a Music Teacher cancels a Music Lesson, Students are not charged for the lesson. In order to reschedule a Music Lesson, the Music Teacher or Student must make such request at least twenty-four (24) hours in advance of the Music Lesson and accepted by the other party at least twenty-four (24) hours in advance of the Music Lesson or the Music Lesson.
4. MISCELLANEOUS
Non-Circumvention. Students agree to use the Website to make all payments to Music Teachers, whether first-time, repeat, or follow-on. Music Teacher agree to use the Website to receive all payments from Students identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Website or any associated fees. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Services or otherwise reduce fees owed MMMS under these Website Terms, you agree to pay MMMS for all fees owed to MMMS and reimburse MMMS for all losses, costs, and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. As a Student, you agree to notify MMMS immediately if your Music Teacher solicits payment from you outside the Website. As a Music Teacher, you agree to notify MMMS immediately if your Student seeks to pay you outside the Website. You agree to notify us if you become aware of a breach of the foregoing prohibitions, or any potential circumvention of the Website or our Services.
Cumulative Remedies. All rights and remedies provided in the MMMS Terms are cumulative and not exclusive, and the exercise by MMMS of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Privacy. We respect your privacy and are committed to protecting it.
Force Majeure. Except for the payment of fees to MMMS, no party to these Website Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Limitation of Liability. In the event that a dispute arises against MMMS, any recovery, if any, shall at all times be limited to the actual amount received by MMMS from or on behalf of the Registered User within the last six months.
Governing Law and Jurisdiction. All matters relating to the Website and the MMMS Terms and any dispute or claim arising out of them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the MMMS Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of the MMMS Terms in your country of residence

 or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also expressly waive your right to have your client decided by jury in any legal proceeding with MMMS.
Arbitration. Notwithstanding the preceding paragraph, at the sole discretion of MMMS, we may require you to submit any disputes arising from the use of the MMMS Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law, to be held in Denver, Colorado.
Assignment or Transfer. You will not transfer, assign, or delegate your rights or obligations (including your Account) under the MMMS Terms to anyone without the express written permission of MMMS, and any attempt to do so will be null and void. MMMS may assign the MMMS Terms in its sole discretion.
Waiver and Severability. No waiver of by MMMS of any term or condition set forth in the MMMS Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MMMS to assert a right or provision under the MMMS Terms shall not constitute a waiver of such right or provision. If any provision of the MMMS Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Entire Agreement. These Terms of Service constitute the sole and entire agreement between you and MMMS with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Notices.
We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide; or (b) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Reed Fuchs, 2401 Poplar St. Denver, Colorado 80207. We may update the address for notices to us by updating this document or otherwise posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
	IMPORTANT: Please read this document carefully, as it contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By using our services and engaging other users of this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You may not use our services or engage other users of this website if you do not agree to these terms and are not at least eighteen (18) years of age.
	These terms of service (these "Terms") apply to individuals (either adult students or parents of minor students) (“Students”) who search for, enter into agreements with, and pay (our “Services”) music lesson providers (“Music Teachers”) through www.MoonMagnetMusicSchool.com and any related mobile application, if and as applicable, (together the “Website”). These Terms are subject to change by Moon Magnet Music, LLC (“MMMS,” “we,” “us”) without prior written notice at any time, in our sole discretion.
	These Terms are an integral part of the “MMMS Terms”, which include our Website Terms of Use, Privacy Policy, Copyright Policy, these Terms, and any documents that are expressly referenced by them that apply generally to the use of our Website. Unless otherwise provided in such revision, the revised terms will take effect when they are published and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised MMMS Terms means that you accept and agree to the changes. You are expected to check the MMMS Terms from time to time so you are aware of any changes, as they are binding on you.
	1. OVERVIEW
	The Website contains features that enable Music Teachers and Students (collectively “Registered
	Users”) to do, among other things, the following:
	Music Teachers. Create profiles, advertise capabilities, obtain Student clients, obtain feedback from Students, and receive payment from Students.
	Students. Register for an account through the Website, search for Music Teachers, retain Music Teachers, communicate with Music Teachers, leave feedback for Music Teachers, and pay Music Teachers.
	MMMS acts as a payment provider by providing the Services including, without limitation, creating, hosting, maintaining, and providing payment services to Music Teachers via the Website. MMMS does not have any control over the purchase and implementation of lessons from a Music Teacher by a Student (“Music Lessons”) paid for through MMMS payment services. MMMS IS NOT RESPONSIBLE IN ANY WAY FOR THE TIMELINESS, ACCURACY, COMPLETION, OR WORKMANSHIP OF ANY WORK PRODUCT PRODUCED BY A MUSIC TEACHER AS A RESULT OF A MUSIC LESSON, NOR FOR ANY OTHER ACT OR OMISSION OF A MUSIC TEACHER. A MUSIC TEACHER IS NOT AN AGENT OF MMMS AND REGISTERED USERS AGREE THEY HAVE A DIRECT RELATIONSHIP WITH EACH MUSIC TEACHER TO PROVIDE MUSIC LESSONS. MOREOVER,

	MUSIC TEACHERS HAVE NO AUTHORITY TO EXPAND OR MODIFY ANY WARRANTY, LIABILITY, OR INDEMNITY STATED IN THE MMMS TERMS. MMMS IS NOT RESPONSIBLE FOR A STUDENT’S SAFETY DURING SERVICES PERFORMED BY MUSIC TEACHERS. PARENTS OF MINOR CHILDREN AGREE THEY WILL NOT LEAVE CHILDREN UNDER 18 ALONE WITH A MUSIC TEACHER DURING ANY LESSON.
	By using our Services, you expressly acknowledge that: (a) MMMS is not acting as a trustee or a fiduciary of any Registered Users and that our Services are provided to Registered Users administratively; (b) MMMS is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the MMMS billing and payment services are payment services rather than a banking service; (c) MMMS IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH MMMS ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS, OR FORFEITURE.
	2. RELATIONSHIPS
	Student and Music Teacher. The engagement, contracting, and management of a Music Lesson are between a Student and a Music Teacher. At the time a booking request is accepted, the Student agrees to purchase, and the Music Teacher agrees to deliver the Music Lessons and related deliverables in accordance with these Terms. You agree not to enter into any contractual provisions in conflict with these Terms. The Student is responsible for remitting subscription fees for Music Lessons in advance of the Music Lessons. The Music Teacher is responsible for the performance and quality of the Music Lessons in accordance with a Music Lessons Agreement between Student and Music Teacher. Student and Music Teacher each covenant and agree to act with good faith and fair dealing in purchase and performance of the Music Lessons.
	Independence. Each Music Teacher has an independent contractor relationship with MMMS. These Terms are not intended to, and do not create any agreement contrary to the independent contractor nature of the relationship between Music Teacher and MMMS. No partnership, joint venture, agency, or employer-employee relationship between Music Teacher and Student or between MMMS and any Student or Music Teacher are herein created.
	Registered Users and MMMS. MMMS is not a party to the dealing, contracting, and fulfillment of any Music Lesson between a Student and a Music Teacher. MMMS has no control over and does not guarantee the quality, safety, or legality of any services performed or deliverables created, advertised, the truth or accuracy of Music Lesson listings, the qualifications, background, or abilities of Registered Users, the ability of Music Teachers to perform services, the ability of Students to pay for Services, or that Student or Music Teacher can or will actually complete a Music Lesson. All rights and obligations for the purchase and sale of Music Lessons are solely between a Student and a Music Teacher. MMMS does not provide any Music Teacher with materials or tools to complete the Music Lesson. Students and Music Teachers must look solely to the other for enforcement and performance of all the rights and obligations arising from Music Lessons Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
	Agency. These Website Terms and any registration for or subsequent use of the Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and MMMS, except and solely to the extent expressly stated in the MMMS Terms.

	Taxes. Registered Users are responsible for payment and reporting of any taxes. MMMS is not obligated to determine the applicability of any taxes or to remit, collect, or report any such applicable taxes. You agree that you will abide by any and all applicable state and federal tax statutes, regulations, and common law. In the event MMMS receives a notice of non-compliance with any such statute, regulation, or common law, including, without limitation, an Internal Revenue Service Levy, MMMS will deem such receipt a breach of this section and may suspend your account until MMMS receives an Internal Revenue Service Release.
	3. FEES AND PAYMENT TERMS
	Prices. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Music Lesson will be the price in effect at the time Music Lesson is requested and will be set out in your order confirmation email. Price increases will only apply to Music Lesson requests or auto-payment effected after such changes. Posted prices do not include taxes or charges for shipping and handling. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
	Payment. A Registered User’s use of the Services constitutes an agreement to pay for any amounts which you authorize us to retain from transactions. Such payments, once authorized, are final. When a Music Teacher has completed a session: (a) MMMS shall have no further liability to any party with respect to payment for such Music Lesson; (b) Student acknowledges that MMMS has provided a complete service in respect of the payment made by Student, as applicable; and (iii) Student hereby releases MMMS from any and all liability with respect to such payment. We accept all major credit cards for all Music Lesson payments. You represent and warrant that: (a) the credit card information you supply to us is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; and (c) charges incurred by you will be honored by your credit card company.
	Remedy. If, for any reason, MMMS does not receive payment for any amounts that you have authorized to be paid through your use of the MMMS Services, you agree to pay such amount immediately upon demand by MMMS. You also agree to pay any interest charges, attorneys’ fees, and other costs of collection incurred by MMMS in collecting from you the authorized but unpaid amount. In such case, MMMS may, at its option, stop processing any further payments made by you and apply any amounts then held by MMMS on your behalf toward any deficiencies, losses, or costs that we have incurred as a result of your use of the MMMS Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
	Cancellations, Rescheduling, and Refunds. Unless canceled or rescheduled pursuant to these Terms, Students will be charged on the first of the month for Music Lessons that happened during the previous month by using the credit card on file with us. Upon payment to MMMS by Student for Music Lessons, MMMS will assume responsibility for Transfer of payment to Teachers for such Music Lesson (less applicable Service Charge). You acknowledge that such funds will belong to MMMS immediately upon such funds being transferred to MMMS by you and, unless canceled pursuant to these Terms, are non

	refundable. Students aren’t charged for lessons if they cancel their lesson directly with a MMMS Administrator or their Teacher twenty-four (24) hours prior to the scheduled Music Lesson. If a Music Teacher cancels a Music Lesson, Students are not charged for the lesson. In order to reschedule a Music Lesson, the Music Teacher or Student must make such request at least twenty-four (24) hours in advance of the Music Lesson and accepted by the other party at least twenty-four (24) hours in advance of the Music Lesson or the Music Lesson.
	4. MISCELLANEOUS
	Non-Circumvention. Students agree to use the Website to make all payments to Music Teachers, whether first-time, repeat, or follow-on. Music Teacher agree to use the Website to receive all payments from Students identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Website or any associated fees. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Services or otherwise reduce fees owed MMMS under these Website Terms, you agree to pay MMMS for all fees owed to MMMS and reimburse MMMS for all losses, costs, and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. As a Student, you agree to notify MMMS immediately if your Music Teacher solicits payment from you outside the Website. As a Music Teacher, you agree to notify MMMS immediately if your Student seeks to pay you outside the Website. You agree to notify us if you become aware of a breach of the foregoing prohibitions, or any potential circumvention of the Website or our Services.
	Cumulative Remedies. All rights and remedies provided in the MMMS Terms are cumulative and not exclusive, and the exercise by MMMS of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
	Privacy. We respect your privacy and are committed to protecting it.
	Force Majeure. Except for the payment of fees to MMMS, no party to these Website Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
	Limitation of Liability. In the event that a dispute arises against MMMS, any recovery, if any, shall at all times be limited to the actual amount received by MMMS from or on behalf of the Registered User within the last six months.
	Governing Law and Jurisdiction. All matters relating to the Website and the MMMS Terms and any dispute or claim arising out of them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the MMMS Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of the MMMS Terms in your country of residence

	or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also expressly waive your right to have your client decided by jury in any legal proceeding with MMMS.
	Arbitration. Notwithstanding the preceding paragraph, at the sole discretion of MMMS, we may require you to submit any disputes arising from the use of the MMMS Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law, to be held in Denver, Colorado.
	Assignment or Transfer. You will not transfer, assign, or delegate your rights or obligations (including your Account) under the MMMS Terms to anyone without the express written permission of MMMS, and any attempt to do so will be null and void. MMMS may assign the MMMS Terms in its sole discretion.
	Waiver and Severability. No waiver of by MMMS of any term or condition set forth in the MMMS Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MMMS to assert a right or provision under the MMMS Terms shall not constitute a waiver of such right or provision. If any provision of the MMMS Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
	No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
	Entire Agreement. These Terms of Service constitute the sole and entire agreement between you and MMMS with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
	Notices.
	We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide; or (b) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
	To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Reed Fuchs, 2401 Poplar St. Denver, Colorado 80207. We may update the address for notices to us by updating this document or otherwise posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.