Terms & Conditions

1. Background.  Freshmint Inc. (“Freshmint™,” “we,” “our” or “us”): (a) provides third party individuals and entities (collectively, “Event Hosts”) with a platform to facilitate the planning and hosting of live and/or online events (“Events”); (b) enables Event Hosts to create Event-related web venues (“Event Sites”) with interactive features that allow individuals who have been invited to Events (“Event Guests”) to obtain details regarding the Events, submit RSVPs for the Events, make special requests for accommodations and engage in other Event-related communications; and (c) makes available the other Freshmint™ Offerings (as defined below) to Users (as defined below).    

2. Scope.  This Freshmint™ Mobile Application End-User License Agreement and Website Terms and Conditions (“Terms”) are inclusive of the Freshmint™ Privacy Policy (“Privacy Policy”), any additional terms, conditions, policies or other documents memorializing the relationship between Freshmint™ and Event Hosts (collectively, the “Host Agreement”), any additional terms, conditions, policies or other documents memorializing the relationship between Freshmint™ and Event Guests (collectively, the “Guest Agreement”), and any and all other applicable Freshmint™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

3. Your Consent to the Agreement.  You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a) access and/or use the Freshmint™ website located at www.freshmint.ai (the “Freshmint™ Site”); (b) access and/or use any Event Site (collectively, together with the Freshmint™ Site, the “Site”); (c) download, attempt to download and/or use the Freshmint™ mobile application (the “App”) and associated Software (as defined below), as made available on the iPhone® and iPad®, as well as Android® and other mobile devices, where and to the extent available (collectively, “Mobile Devices”) by and through the Apple® App Store, the Google Play® store and other applicable venues, where and to the extent available (collectively, “Download Venues”); (d) access certain text, images, video, audio and other content and information relating to the Freshmint™ Offerings as made available by: (i) Freshmint™ (collectively, “Freshmint™ Content”); and/or (ii) Event Hosts (“Host Content,” and together with the Freshmint™ Content, the “Content”); (e) register for an Event as an Event Guest, and submit an RSVP and other communications in connection with same (“Guest Registration Services”); (f) purchase a subscription to the Freshmint™ Event-Planning SaaS platform (the “Freshmint™ Platform”) as a prospective Event Host which enables you, for a fee, to access various Event Host-related services including: (i) creating Event-related prospectuses to be shared with potential Event collaborators; (ii) creating Event-related guest lists (“Event Guest Lists”), and distributing Event invitations and other Event-related communications to the Event Guest Lists (collectively, “Event Communication Services”); and (iii) designing and creating Event Sites; (g) access certain message boards, comment sections, messaging functionality and other interactive features associated with the Event Sites (“Interactive Services”); (h) access links to the Freshmint™ social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Instagram®, LinkedIn® and X® (collectively, “Social Media Websites,” and together with the Site, App (and associated Software), Event Sites, Content, Guest Registration Services, Freshmint™ Platform, Event Communication Services and Interactive Services, the “Freshmint™ Offerings”); and/or (i) otherwise affirmatively consent to these Terms and/or the Agreement.  

These Terms are effective as of the date set forth above.  Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually.  Violations of the Agreement may result in suspension or termination of your Account (as defined below).

Apple®, Apple App Store®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”).  Instagram® is a registered trademark of Meta Platforms, Inc. (“Meta”).  Android® and Google Play® are registered trademarks of Google, Inc. (“Google”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  X® is a registered trademark of X Corp. (“X”). Please be advised that Freshmint™ is not in any way affiliated with Apple, Meta, Google, LinkedIn or X, and the Freshmint™ Offerings are not endorsed, administered or sponsored by any of the foregoing entities.

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, INDEMNIFICATION PROVISIONS, CLASS-ACTION AND TRIAL BY JURY WAIVERS, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST FRESHMINT™ AND/OR ITS THIRD PARTY PARTNERS, AS WELL AS THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND RELATED PARTIES, AND FRESHMINT’S™ SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. 

THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.  NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

4. Modification We may amend the Agreement from time to time in our sole discretion, without specific notice to Users; provided, however, that: (i) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (ii) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site and by and through the App, and Users should review the Agreement in its entirety prior to using any Freshmint™ Offerings.  By a User’s continued use of any Freshmint™ Offerings, that User hereby agrees to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

5. Requirements; Necessary Equipment; Data Charges.  The Freshmint™ Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction); and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”).  The Freshmint™ Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity.  If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Freshmint™ Offerings.  If you do not satisfy all of the Eligibility Requirements, you may not access the Freshmint™ Offerings. 

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You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Freshmint™ Offerings.  Freshmint™ does not guarantee the quality, speed or availability of the Internet connection associated with your Mobile Device and/or computer.  Freshmint™ does not guarantee that the Freshmint™ Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the App and other Freshmint™ Offerings.  You are fully responsible for all such charges and Freshmint™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

In addition to the foregoing, individuals are not permitted to access the Freshmint™ Offerings with a “Jail-Broken Mobile Device.”  For purposes of the Agreement, a Jail-Broken Mobile Device is a Mobile Device that runs: (A) Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®; and/or (B) the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.

6. Registration; Termination of Accounts.  In order to open an account (“Account”) and utilize certain of the Freshmint™ Offerings (including the App), each prospective Event Host and/or Event Guest (each, a “User”) will be required to complete the registration process applicable to their intended use of the Freshmint™ Offerings.  

In order to register as an Event Host, you may be required to provide some or all of the following to Freshmint™: (a) full name of Entity contact(s); (b) Entity name; (c) Entity e-mail address(es); (c) Entity mailing address; (d) Entity telephone number; (e) Entity logo; (f) credit card information; and/or (g) any other information requested on the applicable form (collectively, “Event Host Registration Data”).  In addition to the foregoing, Event Hosts may upload their respective Event Guest Lists to be used by the Event Hosts in connection with the Event Communication Services. 

In order to register as an Event Guest, you may be required to provide some or all of the following to Freshmint™: (i) full name; (ii) e-mail address; (iii) mailing address; (iv) telephone number; (v) information regarding the Event Guest’s current employment; and/or (vi) any other information requested by Freshmint™ on its own, or on behalf of the applicable Event Host (collectively, “Event Guest Registration Data,” and together with the Event Host Registration Data, the “Registration Data”). 

Each prospective User agrees to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion.  Freshmint™ may reject a prospective User’s attempt to open an Account and/or terminate a User’s Account at any time and for any reason, in its sole discretion.  Such reasons may include, without limitation, where: (A) Freshmint™ believes that such User/prospective User, as applicable, is in any way in breach of the Agreement; (B) Freshmint™ believes that such User/prospective User, as applicable, is engaged in any improper and/or unauthorized conduct in connection with the Freshmint™ Offerings; and/or (C) Freshmint™ believes that such User/prospective User, as applicable, is, at any time, engaged in any activity by and/or through the Freshmint™ Offerings that may violate any Applicable Law (as defined in Section 8(b) below).  

As part of the registration process, Users may be provided with, or may select, a user-name and/or password for both the Site and the App.  If the user-name(s)/password(s) that a User requests is/are not available, that User will be asked to supply another user-name/password.  If Freshmint™ provides a User with a user-name/password, that User can change that user-name and/or password, or the one that the User selected during registration, at any time through her/his Site and/or App Account settings, as applicable.  Each User agrees to notify Freshmint™ of any known or suspected unauthorized use(s) of her/his Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user-name(s)/password(s).  Each User shall be responsible for maintaining the confidentiality of her/his user-name(s)/password(s) and Account.  Each User agrees to accept responsibility for all activities that occur through use of her/his user-name(s)/password(s) and Account, including any charges incurred therethrough.  Any fraudulent, abusive or otherwise illegal activity engaged in by any User, or any entity or person with access to that User’s user-name(s)/password(s) and/or Account may be grounds for termination of that User’s Account, in Freshmint’s™ sole discretion, and that User may be reported to appropriate law enforcement agencies. 

7. Compliance with Applicable Law.  Each User represents and warrants that its use of the Freshmint™ Offerings and its participation in and/or hosting of the Events, as well as its business practices in general, shall fully comply with all Applicable Law.

8. Events; Event Guest Lists; Host Messages; Guest Registration Services; Non-Endorsement; Freshmint™ Platform.  

(a) Events. Event Hosts shall have the opportunity, from time-to-time, to host Events.  Event Guests shall have the opportunity, from time-to-time, to participate in Events.  Details pertaining to each Event shall be determined by the applicable Event Host, and shall be made available to prospective Event Guests by that Event Host by and through the Event Communication Services and otherwise. 

Freshmint™ does not supervise the Events and is not involved in any way with the actions of any individuals, including Event Hosts, Event Guests, speakers, staff, security and/or other attendees, at the Events.  Please use caution, common sense and safety when attending Events.  You are solely responsible for your interactions with other individuals in connection with the Events.  Without limiting the generality of the disclaimers contained in the Agreement and on the Site, Freshmint™: (i) does not necessarily supervise nor do we control the Events or interactions at Events; (ii) is not involved in any way with physical transportation to or from live Events or with the actions of any persons present at Events; and (iii) cannot guarantee the true identity and age of individuals attending the Events.  In light of the foregoing, in the event that you have a dispute with one or more individuals in connection with an Event, you hereby release Freshmint™ and the Covered Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.  Freshmint™ reserves the right, but has no obligation, to monitor disputes between you and other individuals in connection with the Events.  You understand and agree that Freshmint™ is not responsible or liable in any manner whatsoever for your inability to attend an Event for any reason whatsoever.   

(b)  Event Guest Lists.  Event Hosts shall have the opportunity, from time-to-time, to upload an Event Guest List, send e-mail communications to that Event Guest List (“Host Messages”), and receive Event Guest RSVPs by and through the Event Communication Services.  Freshmint™ expressly acknowledges and agrees that title to the Event Guest Lists, and any and all information contained therein, shall at all times remain exclusively in the respective Event Hosts. 

Each Event Host represents and warrants that their respective Event Guest List was/will be obtained, collected, compiled and continues to be maintained by the Event Host, with the express informed consent of the prospective Event Guests included in the Event Guest List, in compliance with all applicable laws, rules and/or regulations including, without limitation all e-mail marketing, consumer privacy, data protection and any other laws, statutes and governmental regulations applicable to use of the Event Guest List including, without limitation, the CAN-SPAM Act of 2003, as amended (“CAN-SPAM”), Applicable Privacy Laws (as defined below), California Business and Professions Code § 17529.5, Nevada’s privacy law, as amended by Senate Bill 220 (the “Nevada Privacy Law”), the Michigan Children’s Protection Registry (https://www.protectmichild.com/senders/) and the Utah Child Protection Registry (https://www.registrycompliance.com/apply.html), Canada’s Anti-Spam Legislation (“CASL”), the EU General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK-GDPR”)  (collectively, “Applicable Law”).  For purposes of this Agreement, “Applicable Privacy Laws” shall mean the California Consumer Privacy Act, Cal. Civ. Code § § 1798.100 et seq. (“CCPA”), the California Privacy Rights Act (“CPRA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CDPA”), the Delaware Personal Data Privacy Act (“DPDPA”), the Florida Digital Bill of Rights (“FDBR”), the Indiana Consumer Data Protection Act (“ICDPA”), Iowa Consumer Data Protection Act (“ICDPA”), the Kentucky Consumer Data Protection Act (“KCDPA”), the Maryland Online Data Privacy Act (“MODPA”), the Minnesota Consumer Data Privacy Act (“MNCDPA”), the Montana Consumer Data Privacy Act (“MCDPA”), the Nebraska Data Privacy Act (“NDPA”), New Hampshire’s SB 255-FN (“NHDPA”), the New Jersey Data Privacy Act (“NJDPA”), the Oregon Consumer Privacy Act (“OCPA”), the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”), the Tennessee Information Protection Act (“TIPA”), the Texas Data Privacy and Security Act (“TDPSA”), the Utah Consumer Privacy Act (“UCPA”) and the Virginia Consumer Data Protection Act (“VCDPA”).

Each Event Host shall immediately notify Freshmint™, in writing, of any requests received from any individual whose personal information is included on an Event Guest List uploaded by that Event Host, including any requests made pursuant to Applicable Privacy Laws or other Applicable Law to: (i) correct inaccurate and/or outdated personal information; (ii) opt out from the sale and/or sharing of any personal information; and/or (iii) delete any personal information collected.  Each Event Host shall timely respond to any and all such requests, as required by Applicable Law.

(c)  Host Messages. Each Event Host is solely responsible for the content of their respective Host Messages delivered to prospective Event Guests by and through the Event Communication Services.  Each Event Host represents and warrants that their respective Host Messages will: (i) comply with all Applicable Law; (ii) not infringe upon the intellectual property rights of any third party; and (iii) not include any offensive material, including obscenities, pornography, racist, sexist, hateful, homophobic, libelous or defamatory material, or material that is otherwise offensive or discriminatory to an individual or a group of individuals.

Freshmint™ does not supervise the use of the Event Communication Services by Event Hosts, nor does Freshmint™ screen or monitor the content of the Host Messages.  In light of the foregoing, you hereby release Freshmint™ and the Covered Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, the Event Communication Services and/or Host Messages.  Freshmint™ reserves the right, but has no obligation, to monitor disputes between you and other individuals in connection with the Event Communication Services and/or Host Messages.  You understand and agree that Freshmint™ is not responsible or liable in any manner whatsoever for your inability to utilize the Event Communication Services or Host Messages for any reason whatsoever.  

(d) Guest Registration Services.  Event Guests shall have the opportunity, from time-to-time, to respond to Event invitations, send RSVPs associated with the applicable Events and/or send other communications to the Event Hosts that sent the applicable Event invitations (“Guest Messages”), by and through the Guest Registration Services.  Please be advised, all Event Guest Registration Data and Guest Messages shall be received and viewed by Event Hosts. The Event Hosts shall be permitted to utilize the Event Guest Registration Data and Guest Messages in accordance with the terms of our Privacy Policy

Each Event Guest is solely responsible for the content of their respective Guest Messages delivered to prospective Event Hosts by and through the Guest Registration Services.  Each Event Guest represents and warrants that their respective Guest Messages will: (i) comply with all Applicable Law; (ii) not infringe upon the intellectual property rights of any third party; and (iii) not include any offensive material, including obscenities, pornography, racist, sexist, hateful, homophobic, libelous or defamatory material, or material that is otherwise offensive or discriminatory to an individual or a group of individuals.

(e) Non-Endorsement. Freshmint™ operates the Site, the App and other Freshmint™ Offerings as a neutral host, and Freshmint™ does not regularly monitor, regulate or police the use of the Site, the App and other Freshmint™ Offerings by any of its participants.  The participation in the Site, the App and other Freshmint™ Offerings by an Event Host, Event Guest or other third party does not constitute an endorsement by Freshmint™ of that Event Host, Event Guest or other third party.  Freshmint™ is not responsible or liable for the acts, omissions, agreements, promises, Content, Events, Host Messages, Guest Messages, other products, services, comments, opinions, advice, statements, offers and other information of any Event Host, Event Guest or other third party using the Site, the App and other Freshmint™ Offerings.  Freshmint™ has no liability or responsibility to review, endorse, police or enforce any Event Host-Event Guest relationship(s).  Freshmint™ shall have no obligation to resolve any dispute between Event Hosts, Event Guests and/or any third parties.  

(f) Freshmint™ Platform.  By purchasing a subscription to the Freshmint™ Platform, Event Hosts can utilize their Event Guest List in connection with the Guest Registration Services and Event Communication Services to coordinate various Events.  The Freshmint™ Platform also enables Event Hosts to pursue collaborations with other prospective Event Hosts in order to jointly host Events.  Event Hosts shall be permitted to utilize the Event Guest Registration Data solely in accordance with the terms of our Privacy Policy, and in no other manner. You understand and agree that Freshmint™ is not responsible or liable in any manner whatsoever for your inability to utilize the Freshmint™ Platform for any reason whatsoever.

9.  Account and Billing Provisions.

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(a) Freshmint™ Platform Subscription.  You can purchase a subscription to the Freshmint™ Platform by completing the applicable form and obtaining approval from Freshmint™ (“Subscription”).  The pricing associated with each Subscription shall be set forth on the Site and in the App, and varies by the number of Events per month that you are permitted to conduct by and through the Freshmint™ Platform, as well as other Freshmint™ Platform features.  Each Event Host acknowledges and agrees that by purchasing a Subscription: (i) that Event Host hereby authorizes Freshmint™ to charge the credit card provided by that Event Host (“Active Credit Card”), in advance, for all applicable amounts attributable to the Subscription purchased by the Event Host; (ii) all Subscription payments will be charged to the Active Credit Card automatically, on a recurring basis (either monthly or an annual basis, depending on the applicable Subscription plan), and Freshmint™ will not obtain any additional authorization from that Event Host to charge for recurring Subscription payments; (iii) should the Active Credit Card be declined for any reason: (A) the Event Host agrees that Freshmint™ may contact the Event Host on any phone number (including a cell phone number) or e-mail address provided by the Event Host for alternate payment information; (B) Freshmint™ reserves the right to make additional attempts to charge the Active Credit Card; and/or (C) Freshmint™ reserves the right to suspend access to the applicable Subscription features until valid credit card information is provided by the Event Host; (iv) the Event Host must, at all times, keep its Active Credit Card information updated with Freshmint™; (v) Freshmint™ reserves the right to contract with credit card companies, issuing banks and third-party service providers, in order to update and maintain the Active Credit Card information of the Event Host.  This may be accomplished by refreshing expired, changed or replaced credit card and/or debit card numbers on file with Freshmint™ with the numbers of any replacement cards so that the Event Host’s Subscription does not lapse; and (vi) the Event Host must contact Freshmint™ prior to making any Active Credit Card chargeback or inquiry, in order to reasonably allow for a resolution of any underlying dispute.  

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(b) General Billing Terms. UNLESS OTHERWISE INDICATED ON THE SITE AND IN THE APP, ALL FEES ARE FINAL AND NON-REFUNDABLE.  Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Freshmint™ in effect at any given time.  Upon reasonable prior written notice to you (with e-mail sufficing), Freshmint™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion.  Subsequent payment of Subscription fees after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any Subscription fees incurred prior to the applicable amendment or modification.  All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States.  Failure to use any Freshmint™ Offerings does not constitute a basis for refusing to pay any of the associated charges.  If payment is not made in a timely manner, Freshmint™ may, at its option, immediately suspend the Event Host’s Subscription. Interest will accrue on any past due amounts at the rate equal to the lesser of one percent (1%) per month or the maximum amount permitted by law. In addition, Event Hosts shall be liable to Freshmint™ for all attorneys’ fees and other costs of collection incurred in collecting such unpaid amounts.

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(c) Electronic Signatures. Freshmint’s™ authorization to provide and bill for Subscription fees is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation.  Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.  Freshmint’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”).  Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE FRESHMINT™ OFFERINGS.  Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

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(d)  Cancellation of Your Account.  You may cancel your Account at any time and for any reason by requesting closure of your Account by using the options in your Account interface or by emailing us at: support@freshmint.ai; provided, however, that: (i) User will remain responsible for timely payment of any and all fees that User has already incurred; (ii) User shall not receive any pro-rata refund for partial months/years, as applicable; and (iii) Freshmint™ will not refund any amounts previously paid up to the date of cancellation or termination.  

Upon cancellation or termination of your Account for any reason, you must immediately cease all use of the Freshmint™ Offerings and uninstall and delete all copies of the App and associated proprietary software (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, collectively the “Software”).  Upon cancellation or termination of your Account for any reason, all licenses and rights granted to you under the Agreement automatically terminate.  All terms and conditions contained in the Agreement that are unrelated to Freshmint™ Offerings including, without limitation, disclaimers, limits of liability, dispute resolution, indemnity, copyright notice, and your obligation to pay any amounts due hereunder, will survive any cancellation or termination of your Account.  Freshmint™ will retain pertinent Account information for as long as required by Applicable Law.

10.  The App.

(a)  Installation.  Freshmint™ believes in providing Users with clear, concise and complete disclosure before Users download and install the App, including a description of the primary functions of the App.  The App requires User consent prior to installation.  Freshmint™ does not believe that Users should be deceived into downloading or installing the App.  In order to download the App, as made available on the iOS® and Android® mobile platforms, you must either utilize the options made available: (i) on the Site; or (ii) via participating Download Venues.  

(b)  Uninstall.  The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “add/remove” programs function contained within your Mobile Device.  Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: support@freshmint.ai.

THE APP IS NOT SPYWARE OR ADWARE.  THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE. 

(c)  Download Venues.  The Agreement is entered into by and between you and Freshmint™, and not with the applicable Download Venue that you use to access the App.  As between Freshmint™ and any participating Download Venue, Freshmint™ is solely responsible for the App.  No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites.  Use of those stores shall be governed by the applicable venue’s agreements, terms and conditions.  Freshmint™ does not control the Download Venues or any of the actions, policies or decisions made by the operators of those venues.  If you accessed or downloaded the App from the Apple® Store, then you agree to use the App only: (i) on an Apple®-branded product or device that runs iOS (Apple’s® proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple® Store Terms of Service, as applicable.

(d)  Remote Access, Updates and Bug Fixes.  Freshmint™ reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms, from time-to-time.  When installed on an User’s Mobile Device, the App periodically communicates with Freshmint™ servers.  Freshmint™ may require the updating of the App residing on an User’s Mobile Device when Freshmint™ releases a new version of the App, or when Freshmint™ makes new features available.  The aforementioned technical support and/or updates may occur automatically without prior notice through remote access to your Mobile Device, or upon prior notice to you and may occur all at once or over multiple sessions, in Freshmint’s™ sole and absolute discretion.  By downloading the App, you hereby consent to this remote access and these update/technical support services.  Our access to your Mobile Device will be limited to providing support and/or updating the App.  Where we are denied access for these purposes, your ability to utilize App-based Freshmint™ Offerings may be limited.  Each User understands that we may require that User’s review and acceptance of our then-current Agreement before that User will be permitted to use any subsequent versions of the App.  Each User acknowledges and agrees that Freshmint™ has no obligation to make any subsequent versions of the App available to that User, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement. 

(e)  Third-Party Software.  ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH USER’S SOLE OPTION AND RISK.  IF A USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES.  FRESHMINT™ IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USER’S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.

(f)  App License Grant/Termination.  Subject to the restrictions set forth in the Agreement, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and related Software, in object code format only, on Mobile Devices owned or controlled by you, solely for the purpose of accessing and using the Freshmint™ Offerings in accordance with the Agreement, and solely for so long as your Account is in good standing. You acknowledge that you are receiving licensed rights only. The licenses set forth in this Section 10 shall be in effect unless and until this license is terminated by Freshmint™.  Freshmint™ may terminate the licenses set forth in this Section 10 and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. In addition, this license will terminate immediately with respect to a User if that User fails to comply with any term or condition of the Agreement.  Each User agrees upon expiration or termination of this license to immediately un-install the App.  You may not network the App and/or Software among multiple Mobile Devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App, Software and/or their structural framework; (ii) create derivative works of the App and/or Software; (iii) use the App and/or Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the App and/or Software.  You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the App and/or Software in any way to permit other products or information to interoperate with the App and/or Software. You are responsible for all use of the App and/or Software that is under your possession or control.

(g)  Export Restrictions.  Each User agrees that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and regulations.  

11.  Interactive Services and Feedback.

(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments, text, video, content and engage in other interactive communication, by and through the Freshmint™ Offerings.  In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services.  Freshmint™ reserves the right to prohibit any conduct by Users, or to remove any Feedback posted by and through the Interactive Services that Freshmint™ deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Freshmint™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Freshmint™ to harm, damage to reputation or liability.  Notwithstanding the foregoing, Freshmint™ undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties.  Freshmint™ shall have no obligation and incur no liability to any Users in connection with any Feedback.  Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when viewing Feedback.  You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.  

(b) In connection with the posting of Feedback, Host Messages, Guest Messages, your use of the Interactive Services and/or your use other of the Freshmint™ Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Freshmint™, without Freshmint’s™ specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Freshmint™ Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site and/or the App; (xiii) interfere with or disrupt the Freshmint™ Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Freshmint™ Offerings without Freshmint’s™ prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Freshmint™ Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Freshmint™ Offerings or any software used in or in connection with the Freshmint™ Offerings.  Freshmint™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.

12.  Social Media Pages.  The Site and App contain links to the various Freshmint™ Social Media Pages.  The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions.  You understand and agree that Freshmint™ shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

13. Content.  

(a) General Terms.  Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the App, the Site and/or other Freshmint™ Offerings.  The Content is compiled, distributed and displayed by Freshmint, as well as third-party content providers, such as Event Hosts, Event Guests and third-party service providers (collectively, “Third-Party Providers”).  Freshmint™ does not control the Content provided by Third-Party Providers that is made available by and through the Freshmint™ Offerings.  Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content.  The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Freshmint™ Offerings is solely at your own risk.  Freshmint™ does not represent or warrant that the Content and other information posted by and/or through the Freshmint™ Offerings is accurate, complete, up-to-date or appropriate.  Users understand and agree that Freshmint™ will not be responsible for, and Freshmint™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers.  Users agree that Freshmint™ shall have no obligation and incur no liability to such Users in connection with any Content.  Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Content.  The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

(b) Feedback License.  Each User who posts Feedback by and through the Freshmint™ Offerings hereby irrevocably grants to Freshmint™, for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all Feedback, in any and all forms of marketing and promotional material including, without limitation, print advertisements (“ads”), online ads, ads and other promotions appearing on Freshmint’s™ Social Media Pages and other Social Media Websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses.  Each User who posts Feedback represents and warrants to Freshmint™ that: (i) such User has all of the rights and authority necessary to submit the Feedback for the uses contemplated hereunder, including the right to publish the Feedback; and (ii) the publication of the Feedback by such User, as well as Freshmint™ as contemplated hereunder, will not infringe upon or violate the rights of any third-party.  Each User who posts understands and agrees that: (A) the Feedback, in whole or in part, may be edited and/or dramatized, and that any part of the Feedback may be used without compensation to such User; and (B) no Ad or other material incorporating or making reference to the Feedback need be submitted to such User for approval and Freshmint™ shall be without liability to such User for any distortion or illusionary effect resulting from its publication of the Feedback.  Each User who posts Feedback expressly: (I) releases Freshmint™ from any and all claims that such User has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject Feedback, or any other use of the subject Feedback whatsoever; and (II) acknowledges and agrees that Freshmint™ shall not be liable for any causes of action or claims related to the applicable User’s decision to provide the Feedback to Freshmint™.

14.  Ownership.  The Freshmint™ Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all Freshmint™ logos, symbols, expansion names and symbols, play level symbols, trade dress or "look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of Freshmint™.  We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Freshmint™ Offerings does not convey or imply the right to use the Freshmint™ Offerings in combination with any other information or products. The posting of information or material by and through the Freshmint™ Offerings does not constitute a waiver of any right in or to such information and/or materials.  The “freshmint” name and logo are registered trademarks of Freshmint Inc.  The use of any Freshmint™ trademark without Freshmint’s™ express written consent is strictly prohibited.

15. License.  Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Freshmint™ Offerings.  Freshmint™ may terminate this license at any time for any reason.  Unless otherwise expressly authorized by Freshmint™ in writing in each instance, Users may only use the Freshmint™ Offerings for their own personal, non-commercial use.  No part of the Freshmint™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Freshmint™ Offerings except as expressly permitted by Freshmint™.  No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Freshmint™ Offerings, or any portion thereof.  No User or other third-party may create any “derivative works” by altering any aspect of the Freshmint™ Offerings.  No User or other third-party may use the Freshmint™ Offerings in conjunction with any other third-party content.  No User or other third-party may exploit any aspect of the Freshmint™ Offerings for any commercial purposes not expressly permitted by Freshmint™.  Each User further agrees to indemnify and hold Freshmint™ harmless for that User’s failure to comply with this Section 15.  Freshmint™ reserves any rights not explicitly granted in the Agreement.

16. Prohibited Conduct.

(a)  Abuse.  In accessing the Freshmint™ Offerings, you represent and warrant to us that you: (i) will not engage in any activity that interrupts or attempts to interrupt the operation of the Freshmint™ Offerings; and (ii) will comply with the rules, regulations and policies applicable to the Social Media Websites.  

(b)  Hacking, Tampering or Unauthorized Access.  Any attempt to gain unauthorized access to our systems or any other User’s Account, interfere with procedures or performance of any Freshmint™ Offerings, or deliberately damage or undermine any Freshmint™ Offerings is subject to civil and/or criminal prosecution and will result in immediate termination of your Account.  You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Freshmint™ Offerings or your Account.

(c)  Restrictions.  Any use, reproduction or redistribution of the Freshmint™ Offerings, or related services not expressly authorized by the Agreement is expressly prohibited.  You may not engage in, or assist others in engaging in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (ii) providing unauthorized means through which others may use the Freshmint™ Offerings, such as through server emulators; (iii) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers' network infrastructure, or that could damage, disable, overburden or impair the Freshmint™ Offerings; (iv) interfering with any other party's use and/or enjoyment of the Freshmint™ Offerings; and/or (v) attempting to gain unauthorized access to third-party Accounts and/or the Freshmint™ Offerings.  

(d)  Reporting Prohibited Conduct.  You may report prohibited conduct by forwarding all evidence of abuse to: support@freshmint.ai.  All such evidence and your messages become our property and we may use them for the purposes set forth hereunder. Please report responsibly.  

17. Disclaimers.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE FRESHMINT™ OFFERINGS, AND ALL RELATED DOWNLOADS, SERVICES, PRODUCTS, INFORMATION, IN-APP FEATURES AND DATA PROVIDED OR MADE AVAILABLE BY OR THROUGH THE FRESHMINT™ OFFERINGS ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, OR INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO.  USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY AND YOU DO SO AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, FRESHMINT™ MAKES NO WARRANTY THAT: (A) THE FRESHMINT™ OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE FRESHMINT™ OFFERINGS (INCLUDING CONTENT) WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS IN THE FRESHMINT™ OFFERINGS WILL BE CORRECTED; (D) THE APP WILL BE AVAILABLE FOR INSTALLATION OR REINSTALLATION WITH ALL MOBILE DEVICES OR THAT THE FRESHMINT™ OFFERINGS WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE; (E) THE FRESHMINT™ OFFERINGS WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; (F) THE FRESHMINT™ OFFERINGS WILL RESULT IN ANY ECONOMIC BENEFIT OR GAIN; OR (G) THE FRESHMINT™ OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRESHMINT™ AND/OR THROUGH THE FRESHMINT™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.  

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF VIOLATIONS OF THE AGREEMENT BY OTHER USERS OR THIRD PARTIES AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER OR THIRD PARTY.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.  AS SUCH, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

18. Limitations of Liability.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR THIRD-PARTY SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE FRESHMINT™ OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE FRESHMINT™ OFFERINGS; (B) THE INABILITY TO INSTALL, OR REINSTALL, THE APP ON ANY MOBILE DEVICE; (C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, THE APP OR OTHER FRESHMINT™ OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE/APP, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE/APP PAGES VISITED, TIME SPENT ON EACH SITE/APP PAGE, NAVIGATION PATH THROUGH THE SITE/APP, AND/OR ANY ACTION TAKEN ON THE SITE/APP, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (D) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF THE FRESHMINT™ OFFERINGS; (E) A USER’S FAILURE TO REALIZE ANY ECONOMIC BENEFIT OR GAIN; (F) THE CANCELLATION OF ANY EVENT; (G) ANY INJURY OF ANY KIND INCURRED AT AN EVENT, OR ANY OTHER MATTER RELATED TO ANY EVENT; (H) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE FRESHMINT™ OFFERINGS; OR (I) ANY OTHER MATTER RELATING TO THE FRESHMINT™ OFFERINGS.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE FRESHMINT™ OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR THIRD-PARTY SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES.  AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 18 MAY NOT APPLY TO YOU.

19. Miscellaneous.  

(a) Technical Difficulties.  We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the Freshmint™ Offerings including, without limitation, problems with Mobile Devices, the App, the Site, computer systems, telephone carriers, Internet service providers or the quality of coverage, strength of signal, delays or outages in service.

(b) Linked Sites.  You may be able to access third-party websites or services via the Site and/or the App including, without limitation, Social Media Websites and the websites of Event Hosts.  We are not responsible for third-party websites, services or content available through those third-party websites. You are solely responsible for your dealings with third-parties (including advertisers).  Your use of third-party software, websites or services may be subject to those third-parties’ terms and conditions and privacy policies.  Please review those legal policies before using any linked websites.

(c) Privacy Policy.  The Freshmint™ Privacy Policy, located at www.freshmint.ai/privacy-policy, is hereby incorporated into these Terms by reference.  Please read the Privacy Policy carefully prior to installing the App and/or utilizing the Site and/or any other of the Freshmint™ Offerings.  

(d) Representations and Warranties.  Each User hereby represents and warrants to Freshmint™ as follows: (i) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (ii) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Freshmint™ Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (iii) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (A) any order, judgment or decree applicable to such User; or (B) any agreement or other instrument applicable to such User; (iv) such User’s performance under the Agreement, Feedback, use of the Freshmint™ Offerings, Events, Host Messages, Guest Messages, Event Guest List and Content, if any, will not: (A) invade the right of privacy or publicity of any third person; (B) involve any libelous, obscene, indecent or otherwise unlawful material; (C) violate any Applicable Law; and/or (D) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (v) such User shall not “stalk” or otherwise harass any person.  

(e) Our Rights and Remedies; No Waiver.  No Freshmint™ right or remedy shall be exclusive of any other, whether at law or in equity including, without limitation, damages, injunctive relief, attorneys' fees and expenses. Our failure to require or enforce strict performance by you of any of the terms and conditions contained in the Agreement, or to exercise any right under same, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. 

(f) Assignment.  We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the Freshmint™ Offerings.

(g) Severability.  The Agreement is intended to be severable. If, for any reason, any terms and/or conditions contained in the Agreement are held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such terms and/or conditions shall, in such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be binding.

(h) No Third-Party Beneficiaries.  The Agreement is solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.

(i) Indemnification.  You agree, at your own cost and expense, to indemnify and hold us and our members, directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (i) your breach of the Agreement; (ii) any unauthorized or improper use of your Account, the Freshmint™ Offerings and related services by any person including yourself; (iii) your violation of Applicable Law; (iv) any failure by you to provide accurate and up-to-date Registration Data; (v) your Feedback, Guest Messages, Host Messages, Event Guest List and other Content, if any; (vi) any dispute between you and another User or third party; (vii) the Events you host and/or attend; and/or (viii) your negligence or misconduct.  If we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.

(j) California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

(k) Notice to U.S. Government Users.  The App is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government Users acquire the App with only those rights set forth therein.

(l) Conflicting Terms.  To the extent that anything in or associated with the Freshmint™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and: (i) any Host Agreement, the applicable Host Agreement shall govern; and (ii) any Guest Agreement, the applicable Guest Agreement shall govern. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

(m)  Headings.  All section headings and captions have been inserted for convenience only and shall not affect the interpretation of the Agreement.

20.  Copyright Policy/DMCA Compliance.  Freshmint™ reserves the right to terminate the account of any User who infringes upon third-party copyrights.  If any User or other third-party believes that a copyrighted work has been copied and/or posted via the Freshmint™ Offerings in a way that constitutes copyright infringement, that party should provide Freshmint™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for Freshmint’s™ Copyright Agent for notice of claims of copyright infringement is as follows:

Copyright Compliance Department
Adelman Law, P.C.
299 Broadway
Suite 1405
New York,  NY 10007
Email: info@adelman.legal

Fax: (973) 629-1414

21. Dispute Resolution, Class Action Waiver and Arbitration.  The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Freshmint™ Offerings, the Agreement and/or any other aspect of the relationship between the parties (and Covered Parties).  Without limiting the foregoing, should a dispute arise concerning the Freshmint™ Offerings, the terms and conditions, the Agreement or the breach of same by any party hereto or any other aspect of the relationship between the parties (and Covered Parties), including related to any Event and/or Event Host-Event Guest interaction: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration, applying the substantive laws of the State of New York, before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Freshmint™ reserves the right to require that any and all User claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Freshmint™ that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to legal@freshmint.ai. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Freshmint™ with proof that you accessed the Site and/or App and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous. 

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site or App.

22. Contact Us.  Please send any questions or comments regarding the Freshmint™ Offerings, or any other related matter (including all inquiries unrelated to copyright infringement): (a) by mail to: Freshmint Inc., 1410 Northern Blvd, #1601, Manhasset, NY 11030; or (b) by email to: support@freshmint.ai. Please print these Terms for your records.