MINTBUILDER TERM & CONDITIONS
1. Authorization and Contract. By executing the MintBuilder Agreement (“Member Agreement”), you apply for legal authorization to become a MintBuilder Member and enter into contract with Mint Builder, LLC, hereinafter “MintBuilder.” You acknowledge that prior to signing you have received, read and understood the MintBuilder Income Disclosure Statement, which are incorporated into this Agreement and made part of it as if restated in full, as posted on our site, and that you have read and agree to all terms set forth in this Agreement. MintBuilder reserves the right to reject any application for any reason within 30 days of receipt.
2. Expiration, Renewal, and Termination. The term of this Agreement is month to month. If you fail to renew your MintBuilder Membership, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a Member. You shall not be eligible to purchase at member pricing or sell MintBuilder services nor shall you be eligible to receive commissions, bonuses, or other income resulting from the activities of your former sales organization. In the event of cancellation, termination or nonrenewable, you waive all rights you have, including but not limited to property rights, to your former organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of your former organization. MintBuilder reserves the right to terminate all Member Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its services via direct selling channels. Member may cancel this Agreement at any time, and for any reason, upon written notice to MintBuilder sent to firstname.lastname@example.org. Member cancelation must be received in writing via email or mail seven (7) days prior to any subscription payment due date. If cancelation is not received seven days prior to the next billing date billing will process and the membership will be canceled for the following month. MintBuilder may cancel this Agreement with immediate effect for any reason upon written notice by email to Member. Including reasons such as having breached any provision of this Agreement or Member has otherwise acted illegally or unethically or in a manner detrimental to MintBuilder, its reputation or goodwill. MintBuilder may also take actions short of termination of the Agreement, if MintBuilder sees such action as fitting.
3. Independent Contractor Status. You agree this authorization does not make you an employee, agent, or legal representative of MintBuilder or your Sponsoring Member. As a self-employed independent contractor, you will be operating your own independent business, buying and selling services available through MintBuilder on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. MintBuilder being a USA registered business has a legal requirement to furnish to USA residents and to the IRS (should a Member receive earnings of $600 or more) an IRS Form 1099-MISC reflecting the amount of $ income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Presenting the Plan. You agree when presenting the MintBuilder Compensation Plan to present it in its entirety as outlined in official MintBuilder materials, emphasizing that sales to end consumers are required to receive compensation. Your compensation is strictly based on how much sales you and your five tier team make on Retail Products and/or Wholesale Membership Services and/or Asset Bundles that are sold. NO compensation is paid on the recruitment of participation in the Income Platform. The Income Platform is a Free add on that is optional for our Wholesale Customers to use. In presenting the plan to prospects, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by MintBuilder. You agree to instruct all prospective Members to review the MintBuilder Compensation Plan PDF located on our website and to review our Income Disclosure Statement located at the bottom of this document.
5. Selling the Service. You agree to make no representations or claims about any services beyond those shown in official MintBuilder literature. You further agree to sell services available through MintBuilder only in authorized territories.
6. MintBuilder’s Proprietary Information and Trade Secrets. You recognize and agree that information compiled by or maintained by MintBuilder, including Line of Sponsorship (LOS) information (i.e..., information that discloses or relates to all or part of the specific arrangement of sponsorship within the MintBuilder business including, without limitation, Member lists, sponsorship trees, and all MintBuilder Member information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of MintBuilder, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with MintBuilder, MintBuilder grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, service developments, and Member sales, earnings and other financial reports to facilitate your MintBuilder business.
7. Non-Solicitation Agreement. You agree that during the period while you are a Member, and for one calendar year following resignation, non-renewal, or termination of your business, aside from your own personally sponsored Members you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Member to compete with the business of MintBuilder. MintBuilder considers this action Cross line promoting and has a zero tolerance policy leading to immediate termination of your membership and membership privileges.
8. Images / Recordings / Consents. You agree to permit MintBuilder to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by MintBuilder for any lawful purpose, and without compensation.
9. Modification of Terms. The terms of this Agreement may be modified and publication on our site or in the MintBuilder Back Office is notice of such modification/s.
10. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with MintBuilder as set forth in this Member Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Florida without regard to conflict of law provisions. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against Mint Builder, LLC with jurisdiction and venue as provided by Louisiana law.
11. Dispute Resolution. All disputes and claims relating to MintBuilder, its services, the rights and obligations of a Member and MintBuilder, or any other claims or causes of action relating to the performance of either a Member or MintBuilder under the Agreement shall be settled totally and finally by arbitration in Sarasota, Florida, or such other location as MintBuilder prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent MintBuilder from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
12. Time Limitation. If a Member wishes to bring an action against MintBuilder for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Member waives all claims that any other statutes of limitations apply.
13. Refunds and Product Returns on resale. You agree that if you resell products directly to a customer, you will adhere to MintBuilder’s refund policy (found on our site and incorporated herein) and shall provide the customer a refund of monies paid if the customer returns any product to you within fifteen (15) days of the sales transaction in the same manner as the MintBuilder policy.
14. Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and MintBuilder and supersedes any prior agreements, understandings and obligations between you and MintBuilder concerning the subject matter of your contract with MintBuilder.
15. Montana residents: A Montana resident may cancel his or her Member Agreement within 15 days from the date of enrollment and receive a 100% refund. At the request of a participant deciding to terminate participation with the MintBuilder membership, we will provide them the option of a 100% repurchase of the amount paid by the participant, on any currently marketable goods or services sold to the participant within 12 months of the request that have not been resold or consumed by the participant.
16. Notice of Right to Cancel. You may request a refund on your enrollment fee and initial order if it’s done within fifteen days from the date of enrollment. If you cancel, any enrollment fees paid will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice and the return of the initial physical product (if any) purchase. To cancel this transaction, send a written notice to email@example.com, not later than midnight of the fourteenth business day following the date of this Agreement.
17. Your business center is willable and transferrable.
The MintBuilder Compensation Plan is an exciting opportunity that rewards you for selling products and services. Although the opportunity to earn with MintBuilder is extraordinary individual results will vary depending on commitment levels and sales skills of each participant. Success in MintBuilder has nothing to do with the market value of precious metals. Since MintBuilder has recently launched, it lacks enough statistical data to prepare reliable income disclosures. The numbers below reflect estimates prepared by the company pending a more detailed survey to be conducted after its first year. Based on industry standards and company projections, the average annual gross income for Independent Representatives is projected to be anywhere between $500 and $2,000. There will certainly be participants who will earn less while others will earn much more. If income projections were presented to you prior to your enrollment, such projections are not necessarily representative of the income, if any, that you can or will earn through your participation in the Compensation Plan. These income projections should not be considered as guarantees or projections of your actual earnings or profits. Success results only from hard work, dedication, and leadership.
PERSONAL AND TEAM COMMISSIONS
Personal and Team commissions are earned based on the subtotal of each paid subscription and retail sale within your five tiers. Commissions are not paid on the Free Affiliate Income Platform, cost of shipping, any applicable taxes or fees. Commissions may be retracted if a refund is issued to the retail/wholeale customer who made the purchase. The pricing of subscriptions and all retail products is subject to change. In order to earn and retain commissions you must be active on a subscription which includes the Free Membership. To withdrawal commissions you must have a balance of $20 or more. Commissions below $20 can be used towards the purchase of products in the shop and/or towards subscriptions.
To qualify for the $700 monthly Car Bonus, you must achieve and maintain a minimum of ten personal sales on any paid subscriptions on your first tier. These subscriptions must include the Member Platform. You must also achieve and maintain a minimum total of 250 paid subscription sales within your five-tier team. These subscriptions must include the Member Platform. Once you achieve these qualifications in any given month you will earn $700 which will be paid the first Monday of the following month. If qualifications are not met in any given month you will not be paid the following month, however you have the opportunity to re-qualify any given month. If you opt out of having a qualifying car you can choose the $400 a month cash option instead.
To qualify for the Lifestyle Bonus, you must achieve and maintain a minimum of twenty personal sales on any paid subscriptions on your first tier. These subscriptions must include the Member Platform. You must also achieve and maintain a minimum total of 500 to 20,000 paid subscription sales within your five-tier team depending on the level of achievement in the graph below. These subscriptions must include the Member Platform. Once you achieve these qualifications in any given month you will earn based on the level of achievement in the chart below. This onetime bonus is paid in twelve installments. The bonus will be paid the first Monday of the following qualifying month. If qualifications are not met for your previously qualified level in any given month you will be paid based on the level you qualified for that month. If it is below the minimum level you will permanently miss that month’s installment. You have the opportunity to re-qualify any given month of your remaining installments. When you qualify for a higher-level payout that will reset your twelve-month installments. This reset only takes place once for every new achievement. The maximum you can earn is $1,000,000 in total.
PRICING, ORDER & REFUND POLICIES
Subscription Spread Pricing Policy
The pricing of our Subscriptions are affected by the market price of silver, so MINTBUILDER has created a scale beginning with a floor of $11 silver spot price which determines our lowest rates and scales up to show the product pricing depending on the silver spot price at the time MINTBUILDER submits it’s bulk grading.
We then keep the price *locked at that rate, even if the spot price of silver goes up or down, until the next bulk grading batch is submitted.
MINTBUILDER reserves the right to Cancel an order, Hold an order or Adjust pricing accordingly.
The prices of our bullion products are affected by the *market price of the precious metal. Therefore, our pricing is subject to change with the market price.
Paper Check Payments
When selecting the Paper Check payment option during the checkout process it is important to note that we must receive the check within five (5) business days or the order you placed will be cancelled. This policy is strictly enforced due to the volatile precious metals market.
Bank Wire Payments
payment within one (1) business day or the order you placed will be cancelled. This policy is strictly enforced due to the volatile precious metals market.
Personal Order Integrity and Restrictions
MINTBUILDER’S Wholesale Customer pricing and compensation plan are based on Customers placing their own personal orders through their own account (Personal Order Integrity). Customers are prohibited from placing orders intended for personal use through another Customer's account.
Credit Card Use for Enrollments & Multiple Accounts
Customers are prohibited using same persons Credit Card/s for purchasing more than 2 Membrships or using the same Credit Card for orders on more than 2 accounts (including their own). Failure to comply is grounds for immediate termination. We do realize that in some cases a family who may all want to get involved may have the need to utilize the same Credit Card. In order to do this will require the member to contact the corporate office for expressed approval. This is restricted to immediate family members within the same household.
International Ordering Policy
For orders outside of the USA: Please note that each international order will be insured and declared for the full value. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the customer’s responsibility should customs require it. Please check with your country’s customs office to determine what these additional costs will be prior to purchasing.
Cancellation, Refunds and Returns
A.) Monthly Subscriptions
MINTBUILDER has a 15 Day Cancellation Refund Policy on Initial (1st month) Subscription Packs.
To cancel, send an email to firstname.lastname@example.org including your full name and ID# within 15 days of purchase.
If the product has been shipped the shipping costs associated with returning product are the responsibility of the Customer returning the product.
To return the product(s) for refund send an email to email@example.com including your full name and ID# within 15 days of purchase. Be sure to include the Order #(s) in your email.
Product(s) must be in like new resalable condition.
Upon receipt of cancellation you will receive an email response indicating where to send the product to.
NOTICE TO WHOLESALE CUSTOMERS
Commissions from canceled sales will be reclaimed at the time of order cancellation.
B.) All Other Returns / Sell Your Coins & Bullion
This policy was created to help customers have a way to liquidate their precious metals if need be. Just think of all the products we can purchase on a regular basis. Not many of them have a potential to hold value or even increase in value over time as you hold onto them.
However, if you are looking to liquidate your coins and/or bullion, follow the 3 steps below to get an offer quote from MINTBUILDER.
Please Note: MINTBUILDER ONLY buys items that were sold by MINTBUILDER from within our shop (Subscriptions not included).
3 Simple Steps:
Step 1: Email firstname.lastname@example.org with a list describing the items you wish to sell. Be sure to include as much detail as possible including any details written on coin labels.
Step 2: If you accept the quote, mail your items (tracked and insured) to the address provided in the quote.
Step 3: Funds will be sent to you within 3 business days of our receipt of your package!
- MINTBUILDER establishes offer quotes based on our current selling price.
- All eligible items must be in original, resalable condition.
- Coins with any damage or scratches on the casing are not eligible.
- Once a quote is accepted, the time and date and pricing will be recorded and the transaction will be locked.
- All items sent to MINTBUILDER must be postmarked within 3 business days of the quote.
- MINTBUILDER reserves the rights to reject purchasing any item that has not been postmarked within 3 business days.
- All items must be returned to MINTBUILDER via a track-able shipping service.
- MINTBUILDER is not responsible for any lost, stolen or damaged items during shipping to MINTBUILDER.
- MINTBUILDER will issue a check or other payment method for the quoted amount within 3 business days of receipt of the items.
- MINTBUILDER reserves the right to change, modify or cancel this “Buyback” program at any time.
Currently MintBuilder is open to do business within the following countries;
- Cayman Islands
- Czech Republic
- Hong Kong
- New Zealand
- Papua New Guinea
- Puerto Rico
- Solomon Islands
- Trinidad and Tobago
- United Arab Emirates
- United Kingdom
- United States
OPEN VAULT USER AGREEMENT
1. About The Open Vault
The Open Vault is a marketplace that allows users to offer, sell and buy precious metals. The actual
contract for sale is directly between the seller and buyer. MintBuilder will not be held liable for; pricing, taxes, duties, shipping or anything else not mentioned.
Any guidance we provide as part of our Services is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, MintBuilder has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
2. Using The Open Vault
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories
breach or circumvent any laws, regulations, third-party rights or our systems, policies, or
determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you, unless you have a valid reason
fail to deliver items sold by you, unless you have a valid reason
manipulate the price of any item or interfere with any other user's listings
post false, inaccurate, misleading, deceptive, defamatory, or libelous content
distribute or post spam, unsolicited or bulk electronic communications, chain letters
distribute viruses or any other technologies that may harm MintBuilder or the interests or property of users
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of MintBuilder
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to MintBuilder. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to MintBuilder or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures used to provide the Services.
If we believe you are abusing The Open Vault and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
3. Policy Enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
4. Fees and Taxes
MintBuilder includes the use of The Open Vault as an active Member only Benefit so there no additional fees charged for using this Service as long as you remain on an appropriate Subscription.
It is the sole responsibility of the Buyer to pay any and all taxes that may be due in their region.
5. Listing Conditions
When listing an item for sale on The Open Vault, you agree to comply with MintBuilder’s Listing and Selling Practice Policy which are:
- You are responsible for the accuracy and content of the listing and item offered,
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). MintBuilder can't guarantee exact listing durations,
- Content that violates any of MintBuilder's policies may be modified, obfuscated or deleted MintBuilder's discretion,
- We may revise product data associated with listings to supplement, remove, or correct information,
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyer's location, search query, browsing site, and history
item's location, listing format, price and shipping cost, terms of service
seller's history, including listing practices, MintBuilder policy compliance, Feedback, and defect rate; and
number of listings matching the buyer's query,
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
6. Purchase Conditions
When buying an item, you agree to the Rules and Policies for Buyers and that:
You are responsible for reading the full item listing before making a commitment to buy,
You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted
We do not transfer legal ownership of items from the seller to the buyer
7. International Buying and Selling; Translation
The Open Vault is accessible to international sellers and buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on The Open vault site, you are subject to the User Agreement for that particular purchase. MintBuilder is not responsible.
When you provide content using The Open Vault (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against MintBuilder, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. MintBuilder takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including The Open Vault users). You may use that content solely in you’re the Open Vault listings. MintBuilder may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that MintBuilder is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name "The Open Vault" and other MintBuilder marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of MintBuilder in the U.S. and other countries. They may not be used without the express written prior permission of MintBuilder.
Privacy of Others; Marketing
If The Open Vault provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
9. Additional Terms
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. Sellers may remove or customize their return preferences in their listing within The Open Vault. When an item is returned, it is the sole responsibility of the seller to refund the buyer.
The cost of return shipping for an item that is not as described is the seller's responsibility.
10. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of The Open Vault at your own risk, and that it is being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by MintBuilder
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any MintBuilder Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing The Open Vault Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of eBay's Services or your breach of any law or the rights of a third party.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.mintbuilder.com.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.mintbuilder.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the MintBuilder Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click- through. This User Agreement may not otherwise be amended except through mutual agreement by you and a MintBuilder representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the MintBuilder Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and eBay, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, buyers and sellers may elect to submit complaints against one another to the American Arbitration Association ("AAA") under its rules and procedures. The AAA's rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement. Buyers and sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.