Mezu App Terms

Welcome to Mezu, the mobile Mezu Application of Mezu (NA), Inc. (“Mezu”). Your use of the Mezu mobile Mezu Application (the “Mezu App”) in connection with the Service (as defined in the Bank Services Agreement) is governed by this agreement between you and Mezu (the “Mezu App Terms”).

Your use of the Service, which is accessible through use of the Mezu App, is governed separately by the Bank Services Agreement and applies to you if you reside in a U.S. state or territory in which Mezu does not engage in money transmission business activities. A complete listing of money transmission licenses maintained by Mezu can be accessed here: https://legal.mezu.com.

By accessing or using the Service through the Mezu App, you agree to be bound to the Agreement and to the Mezu App Terms whether or not you are a registered user of the Mezu App.

• Use of the Mezu App

  The Mezu App allows you to access the Service offered by Community Federal Savings Bank (CFSB), member FDIC (the “Bank”), which permits users to (i) store funds and (ii) to send or receive money to or from other Mezu App users.

  • Eligibility to Use the Mezu App

    Any access to or use of the Mezu App by anyone under 18 is strictly prohibited and in violation of the Mezu App Terms which are a binding contract between Company and you. Your use of the Mezu App must comply with these Mezu App Terms, the Bank Services Agreement, and all Mezu Applicable local, state, national, and international laws, rules and regulations (“Mezu Applicable Laws”). You are not eligible to use the Mezu App if we have previously blocked your access to the Mezu App and/or your Account (as defined below).

    Subject to the terms and conditions of these Mezu App Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Mezu App as permitted by the features of the Mezu App. We reserve all rights not expressly granted herein in the Mezu App. Company may terminate this license at any time for any reason or no reason.

    
    

  • Use of Mezu App Accounts

    Use of the Mezu App requires you to register for an account with us, which gives you access to the services and functionality that we may offer from time to time, in our sole discretion (such account, the “Account”).

    You must provide complete and accurate information when registering your Mezu App Account, and you are responsible for keeping the information you provide up to date. You may visit our FAQ for how to update information to learn more about keeping the information you provide up to date. As further detailed in our Privacy Policy and the Privacy Notice, in order to register, create and use an Account, we may require that you submit certain personal information, including, but not limited to, your name, email address, text-enabled cellular/wireless telephone number, street address or zip code, date of birth, and social security number or tax identification number to us. During the registration process, or when you access the Mezu App from your mobile device, your device ID is also stored. You agree that the personal information you provide to us upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this personal information with us as necessary.

    You are responsible for the activity that occurs on your Mezu App Account, so you should pick a hard to guess Password (as defined below) to access your Account and keep it secret from other persons. You may never use another Mezu App user’s account and you may never allow another person to use your Mezu App account.

    If you are the Sender, you should take care not to share any Code with anyone other than the intended Receiving User, and not to display such Code on your mobile device when you are in an area where others could see the Code. If an unauthorized person sees or guesses the Code, they can enter it into their Mezu App, and obtain the funds even if they are not the person you intend to be the Receiving User. In the event of unauthorized use of the Code and access to your funds, you will be liable to the limits set forth under applicable law.

    You are solely responsible for your interactions with other Mezu App users. We reserve the right, but have no obligation, to monitor disputes between you and other Mezu App users. We have no liability for your interactions with other Mezu App users, or for any Mezu App user’s action or inaction.

    
    

  • Your Conduct When Using the Mezu App

    You agree not to engage in any of the following prohibited activities in connection with the Mezu App or your use of the Service:

    (i) copying, distributing, or disclosing any part of the Mezu App in any medium, including without limitation by any automated or non-automated “scraping”;

    (ii) using any automated system (including without limitation “robots,” “spiders,” “offline readers,” etc.) or technology or means other than those provided or expressly authorized by the Mezu App, to access the Mezu App;

    (iii) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Mezu App;

    (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on the Mezu App or our infrastructure;

    (v) transmitting invalid data, viruses, worms, Trojan horses, or other software agents that may damage, interfere with, or burden the Mezu App, our infrastructure, or any data stored or accessible in connection with the Mezu App;

    (vi) impersonating another person, otherwise misrepresenting your identity, or making payments or transfers on behalf of others;

    (vii) transmitting any false, inaccurate, or misleading information;

    (viii) conducting fraud, or transferring or receiving fraudulent funds;

    (ix) interfering with the proper working of the Mezu App;

    (x) bypassing the measures we use to prevent or restrict access to the Mezu App, including without limitation features that prevent or restrict access to or use of the Mezu App;

    (xi) using the Mezu App to sell or purchase items that encourage, promote, facilitate or instruct others to engage in illegal activity, hate, violence, racial intolerance or harassment, including items that violate any law, statute, ordinance or regulation relating to such sales or purchases;

    (xii) using the Mezu App for financing of terrorism, money laundering, tax evasion or any other financial crimes that violate Mezu Applicable Laws;

    (xiii) engaging in any action or activity that violates or causes us to violate Mezu Applicable Laws;

    (xiv) engaging in the transferring of funds related to the sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in the jurisdiction in which you or the recipient reside;

    (xv) the creation, facilitation, sale or distribution of goods or services that violate the intellectual property rights of a third party;

    (xvi) engaging in the transferring of funds related to the sale, distribution, or exchange of cryptocurrencies;

    
    

  • Mezu App Features and Availability

    We may, without prior notice, change the Mezu App; stop providing the Mezu App or features of the Mezu App, to you or to other users of the Mezu App generally; or create usage limits for the Mezu App. Please refer to our FAQ for usage limits. Notwithstanding the foregoing, if such changes include, without limitation, increases in fees, increased consumer liability, fewer types of electronic fund transfers available, or stricter limits on the frequency or dollar amounts of the electronic fund transfers, we will provide you with an electronic change-in-terms notice at least twenty-one (21) days before the changes take effect.

    We may permanently or temporarily terminate or suspend your access to the Mezu App and/or to your Account without notice or liability for any reason, including without limitation, if in our sole determination you violate any provision of the Agreement or these Mezu App Terms, or for no reason. Upon termination, you continue to be bound by the Agreement and these Mezu App Terms.

• Third-Party Links and Information

  The Mezu App may contain links to third-party materials that are not owned or controlled by Mezu. Mezu does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Mezu App or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Mezu App Terms and Mezu’s and Bank’s Privacy Policies do not apply to your use of such sites. You expressly relieve Mezu and Bank from any and all liability arising from your use of any third-party website, service, or content.

  
  

• No Warranty

  THE MEZU APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP THE MEZU APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE MEZU APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEZU OR THROUGH THE MEZU APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT MEZU CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE MEZU APP WILL MEET YOUR REQUIREMENTS; THAT THE MEZU APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MEZU APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MEZU APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE MEZU APP.

  MEZU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MEZU APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE MEZU APP TERMS OF SERVICE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE MEZU APP TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  
  

• Suspension of Access to Mezu App and Bank Services

  We may permanently or temporarily terminate or suspend certain services or your access to the Mezu App. Any termination of your access to the Mezu App will result in a termination of your access to your Account or Account balance. We may refuse to facilitate a particular transaction without notice or liability for any reason, including without limitation, if in our sole determination you violate any provision of this Agreement or the Mezu App Terms, or for no reason. Upon termination, you continue to be bound by these Mezu App Terms and the Agreement.

  
  

• Downloading the Mezu App and Your Mobile Device

  • Use of Mobile Devices

    To use the Mezu App, you must have a mobile device that is compatible with the Mezu App. Mezu does not guarantee that the Mezu App will be compatible with your mobile device. You may use mobile data in connection with the Mezu App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Mezu may from time to time issue upgraded versions of the Mezu App, and may automatically electronically upgrade the version of the Mezu App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Mezu App Terms apply to all such upgrades. Please refer to E-Sign Disclosure and Consent Notice or FAQ for hardware and software requirements to be able to use the Mezu App.

    
    

  • The Mezu App and Third Party Distributors

    The Mezu App may be available for download from third-party distributors, such as Google (via Google Play) or Mezu Apple (via iOS Mezu App Store) (collectively, “Third Party Distributors”). You acknowledge and agree that the Agreement is solely between you, Mezu and the Bank, not any Third Party Distributor, and no Third Party Distributor has responsibility for the Mezu App or content thereof. Your downloading and use of the Mezu App must comply with any Mezu Applicable policies or agreements with Third Party Distributors from which you obtain the Mezu App (e.g., the Mezu App Store Terms of Service, if you obtain the Mezu App from App Store). Mezu is not a party to those agreements and has no responsibility for the products and services provided by third parties. You acknowledge that the Third Party Distributors have no obligation whatsoever to furnish any maintenance and support services with respect to the Mezu App. In the event of any failure of the Mezu App to conform to any Mezu Applicable warranty, if you downloaded it from iTunes, you may notify Mezu Apple; to the maximum extent permitted by Mezu Applicable law, Mezu Apple will have no other warranty obligation whatsoever with respect to the Mezu App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Agreement and any law Mezu Applicable to Mezu as provider of the Mezu App. If you download the Mezu App from any Third Party Distributor, you acknowledge that such Third Party Distributor is not responsible for addressing any claims of you or any third party relating to the Mezu App or your possession and/or use of the Mezu App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mezu App fails to conform to any Mezu Applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims; and all such claims are governed solely by these Mezu App Terms and any law Mezu Applicable to Mezu as provider of the Mezu App. You acknowledge that if you download the Mezu App from any Third Party Distributor, in the event of any third-party claim that the Mezu App or your possession and use of that Mezu App infringes that third party’s intellectual property rights, Mezu, not such Third Party Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Mezu App Terms. If you download the Mezu App from iTunes, you and Mezu acknowledge and agree that Mezu Apple, and Mezu Apple’s subsidiaries, are third-party beneficiaries of the Agreement and these Mezu App Terms as relates to your license of the Mezu App, and that, upon your acceptance of the terms and conditions of these Mezu App Terms and the Agreement, Mezu Apple will have the right (and will be deemed to have accepted the right) to enforce these Mezu Terms of Service as relates to your license of the Mezu App against you as a third-party beneficiary thereof. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Mezu App.

• Our Proprietary Rights

  The Mezu App and all materials therein or transferred thereby, including, without limitation, software, code, images, text, graphics, illustrations, and logos (collectively, “Mezu Content”), and all copyright, trademark, patent, trade secret, and other intellectual property rights (“Intellectual Property Rights”) related thereto, are the exclusive property of Mezu and its licensors. Except as expressly provided in this section, nothing in the Agreement or these Mezu App Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Mezu Content. Use of the Mezu Content for any purpose not expressly permitted by these Mezu App Terms is strictly prohibited.

  You may choose to provide Mezu with comments or ideas about the Mezu App, including, without limitation, about how to improve the Mezu App or Mezu’s products (“Feedback”). By providing Mezu with any Feedback, you agree that the Feedback is gratuitous, unsolicited and without restriction and will not place Mezu under any fiduciary or other obligation. Mezu is free to use the Feedback without any compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that by providing Feedback, Mezu does not waive any rights to use similar or related ideas previously known to Mezu, or developed by its employees, or obtained from sources other than you.

  
  

• Security

  Mezu uses what we believe to be commercially reasonable administrative, technical, and physical safeguards to preserve the integrity and security of personal information. However, we cannot guarantee the security of your personal information. It is possible that unauthorized third parties will be able to defeat our safeguards or use your personal information for improper purposes. Mezu is responsible for the security of cardholder data that we collect, store, process, or transmit on your behalf.

  
  

• Cross-Default Provision

  Any default under these Mezu App Terms will constitute a default under the Bank Services Agreement between you and the Bank. Likewise, any default under the Bank Services Agreement will constitute a default under the Mezu App Terms. If the Bank terminates the Bank Services Agreement or your access to the Service under the Bank Services Agreement, in whole or in part, these Mezu App Terms will automatically terminate, unless we notify you otherwise. You acknowledge that the Bank may also terminate its Agreement with you if we terminate these Mezu App Terms or any service hereunder.

  
  

• Third-Party Links and Information

  The Mezu App or website content may contain links to third-party materials that are not owned or controlled by Mezu. Mezu does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Mezu App or our website, share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Mezu App Terms and Mezu’s Privacy Policy do not apply to your use of such sites. You expressly relieve Mezu from any and all liability arising from your use of any third-party website, service, or content.

  
  

• Indemnity

  You shall defend, indemnify and hold harmless Mezu and its affiliates, directors, suppliers, employees, agents, and licensors, from and against any and all claims, actions, proceedings, lawsuits, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorney’s fees) in connection with: (i) your use of and access to the Mezu App, including, without limitation, any data or content transmitted or received by you; (ii) your violation of any term of these Mezu App Terms, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any Mezu Applicable Laws; (v) any content that is submitted to Bank through the Mezu App including, without limitation, misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Mezu App with your unique username, Password or Code.

  
  

• No Warranty

  THE MEZU APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE MEZU APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY MEZU APPLICABLE LAWS, THE MEZU APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEZU OR THROUGH THE MEZU APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER MEZU NOR ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS WARRANT THAT MEZU CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE MEZU APP OR ACCOUNT WILL MEET YOUR REQUIREMENTS; THAT THE MEZU APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MEZU APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MEZU APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE MEZU APP.

  MEZU DOES NOT WARRANT, ENDORSE, GUARANTY, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MEZU APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MEZU WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT MEZU APPLY TO YOU. THESE mEZU APP TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE MEZU APP TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  
  

• Limitation of Liability

  TO THE MAXIMUM EXTENT PERMITTED BY MEZU APPLICABLE LAW, IN NO EVENT SHALL MEZU NOR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS MEZU APP. UNDER NO CIRCUMSTANCES WILL MEZU BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MEZU APP OR THE INFORMATION CONTAINED THEREIN.

  TO THE MAXIMUM EXTENT PERMITTED BY MEZU APPLICABLE LAWS, MEZU DOES NOT ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MEZU CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE MEZU APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MEZU APP, OR UNAVAILABILITY OF THE MEZU APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE OR SOFTWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE MEZU APP BY ANY THIRD PARTY; (VI) ANY BUGS, ERRORS OR OMISSIONS IN THE MEZU APP OR ANY MEZU CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE MEZU APP; (VII) DELAYS, DISRUPTIONS OR AVAiLABILITY OF THE MEZU APP, OR PROCESSING OR SETTLEMENT OF FUND TRANSFERS; (VIII) SUSPENSIONS OR BLOCKING OF YOUR ACCESS TO OR USE OF THE MEZU APP BY US; AND/OR (IX) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MEZU OR Its AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MEZU HEREUNDER OR $100.00, WHICHEVER IS GREATER.

  THIS LIMITATION OF LIABILITY SECTION MEZU APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MEZU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL MEZU APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE MEZU APPLICABLE JURISDICTION.

  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT MEZU APPLY TO YOU. THESE MEZU APP TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE MEZU APP TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  The Mezu App is available in the United States. Mezu makes no representations that the Mezu App is Mezu Appropriate or available for use in other jurisdictions. Those who access or use the Mezu App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all Mezu Applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Mezu App if you are a resident of any country other than the United States, or you are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Mezu App are solely directed to individuals, companies, or other entities located in the United States.

  
  

• Governing Law, Arbitration, and Class Action / Jury Trial Waiver

  • Governing Law

    These Mezu App Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles, and federal law. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration provision below, including, without limitation, any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any Mezu related appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

    
    

  • Arbitration

    READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MEZU. For any dispute with Mezu, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Mezu has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Mezu App Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by Judicial Arbitration and Mediation Services (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Washington, DC, unless you and we agree otherwise. If you are using the Mezu App for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include, without limitation, costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Mezu App for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you Mezu Apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include, without limitation, your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Mezu from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misMezu Appropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

    
    

  • Class Action/Jury Trial Waiver

    WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE MEZU APP FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER MEZU APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE MEZU APP TERMS, YOU AND MEZU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

• General

  The Mezu App originates in the United States, and is subject to United States export laws and regulations. The Mezu App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mezu App may be subject to the import and export laws of other countries. You agree to comply with all Mezu Applicable Laws related to use of the Mezu App.

  
  

• Last Modified

  These Mezu App Terms were last modified on April 23, 2019.