User Terms of Service

Last Updated: 6.18.2024

By accessing or using the Website or the Mahogany Minds Services, you agree to these Terms.

Welcome to Mahogany Minds

Please read these Terms of Service (“Terms”) carefully. These Terms constitute a binding agreement between Mahogany Minds, LLC (“Mahogany Minds”, “we”, “us” or “our”) and you (“you” or “your”) and, together with our Privacy Policy, govern your use of the mahogany-minds.com website (the “Website”) and our related services, including our mobile applications (collectively, the “Mahogany Minds Services”), and your use of and participation in the Mahogany Minds Services, including how we collect, use, and share your information when you use the Mahogany Minds Services and your rights with respect to this information. As part of the Mahogany Minds Services, we create, analyze, and administer surveys, questionnaires, focus groups, user studies, and similar (“Surveys”) on behalf of our clients.

These Terms apply to individuals who respond to these Surveys (“Responders”). These Terms also apply to any person browsing the Website or accessing the Mahogany Minds Services for any reason (“Visitors”), including but not limited to, those individuals using the Website through the referral program (these Responders and Visitors are collectively referred to in these Terms as “Users”). 

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and Mahogany Minds may have against each other are resolved, including an agreement and obligation to arbitrate disputes.

1. Consent to Terms. 

You acknowledge that these Terms are a binding legal contract between you and Mahogany Minds, even though they are electronic and are not physically signed by you and Mahogany Minds.  If you do not agree to these Terms, you may not access or use the Website or the Mahogany Minds Services.

 

By accessing or using the Website or the Mahogany Minds Services, you represent and warrant to us that (a) you have read and understand these Terms; and (b) you are of sufficient legal age to legally enter into these Terms. if you are accepting these terms on behalf of a company or other organization, you represent and warrant that you have authority to bind the applicable company or organization to these Terms, and the term “you” will be deemed to include the applicable company or organization.

2. Responder Terms.  

If you use the Mahogany Minds Services as a Responder, the following terms will apply to you:

(a)        Accounts.  In order to participate in the Mahogany Minds Services as a Responder, you will be required to create an account with us (“Account”). Accounts may not be shared and may only be used by one individual per Account. By using your Account, you certify that all information you provide is complete, accurate, and current. You agree to update your Account information as it changes (such as a change of address or change of name). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Mahogany Minds Services (or any portion thereof). You are responsible for maintaining the security and confidentiality of your Account and the associated password. You are responsible for any activities that take place under your Account or password, regardless of whether you authorized the activity. We are not liable for any loss or damages arising from your failure to comply with this obligation. If you become aware of any unauthorized access or activity to your Account, you must notify Mahogany Minds as soon as possible at info@mahogany-minds.com.

(b)         Mahogany Minds Services Requirements.  In order to participate in the Mahogany Minds Services as a Responder, you will need internet access compatible with the Mahogany Minds Services. You will also be responsible, at your expense, for all third-party devices, personal computers, hardware or software that are required to access or use the Mahogany Minds Services and any telecommunications access and telephone service required to access or participate in the Mahogany Minds Services and all related third-party service fees (including ISP charges). Certain messaging, service and other standard fees and charges may be applied by your carrier. Please check your plan with your carrier to ensure that you are aware of any applicable fees and charges.

(c)        Confidentiality Obligations. You agree to keep any and all content (including, but not limited to, written, video, images, audio or multimedia content) received in a Survey confidential. Any publication, dissemination, distribution, copying, or sharing is strictly prohibited and considered a breach of these Terms, and you may be sued for damages. You may receive Surveys to test new product ideas that are still in the early stages of development. The products themselves, and the ideas and concepts regarding their manufacture and use, represent confidential information of our client that is working to obtain this data. By participating in a Survey, you agree:

1. To hold in confidence the secrecy of any technical or business information about the client’s products that are disclosed, or made available to you directly or indirectly, or you otherwise receive incidental to your participation in a Survey; to avoid discussing the applicable client’s technical or business information in public places where it might be overheard; to avoid discussing the applicable client’s technical or business information with friends and family members, or anyone else; to accept a legal obligation not to use or disclose any confidential technical or business information during and after participation in an Survey.
2. Not to copy, publish, disseminate, distribute, broadcast, use, reuse, or share any content (including, but not limited to, written, video, images, audio or multimedia content) that is provided to you in connection with a Survey, including, without limitation, capturing or sharing any applicable content in a screenshot or by other photographic or electronic means.
3. That products to be shown to you, and described to you, in connection with the Surveys are highly confidential and proprietary to the client submitting the Survey, and you will not disclose them to any third-party or discuss with anyone your experiences concerning them, and that no offer for sale is being made to you. 
4. By participating as a Responder in the Mahogany Minds Services, you agree that any compensation you receive (monetary or otherwise) will be sufficient for participation, which includes your agreement to abide by the confidentiality terms set forth in these Terms.

(d)     Restrictions. We reserve the right (but have no obligation) to restrict your ability to respond to Surveys posed through the Mahogany Minds Services, including, but not limited to, restricting Responders under the age of eighteen (18) from responding to Surveys.

(e)        Earnings and Mahogany Minds Points.  

• Surveys. As a Responder participating in the Mahogany Minds Services, you will receive Surveys from the Mahogany Minds Services through your email, mobile phone via text or through the website. As a Responder, you are not required to participate in any Survey.
• Eligible to Receive Points. You may be eligible to earn Mahogany Minds points when you answer a Survey. 
• Calculation of Points. The points will vary based on the specific action performed.  Points conversion is 1 point = $0.01. Point conversions are subject to change at the discretion of Mahogany Minds, but any points accrued will maintain the points value at the time the points were placed into your account. You will be paid only for submitted answers actually received by us prior to the time the Survey is closed. 
• Changes to Points or Other Incentives or Rewards. Mahogany Minds reserves the right to adjust the amount of Mahogany Minds cash incentives or any other rewards you may receive in connection with your use of the Mahogany Minds Services, including the amount a Responder may receive for answering a question or Survey, provided, however, that Mahogany Minds will not adjust the applicable amount if a Responder has already responded to a Survey. 
• How to Redeem Points. Mahogany Minds points can be redeemed for gift cards through our third-party. Tremendous (tremendous.com). When you redeem points, you will be directed to a third-party website (at the time of this writing, the Tremendous website) for redemption and their terms and conditions and privacy policy will govern.  We encourage you to read Tremendous terms and conditions and privacy policies, found on their site. Mahogany Minds will reverse any payments made to your account in error or as the result of fraud. Points will be placed into Responders Account within 10 business days of completing a Survey.
• Mahogany Minds does not charge any fees for processing payments. All points that have been released to your account are available to be withdrawn as soon as you reach a current balance of 2500 points.
• Mahogany Minds in its sole discretion will determine your eligibility to receive points and calculation of such points.
• Unsubscribing from the Mahogany Minds platform will terminate your eligibility to redeem or receive points.  Any points must be redeemed before unsubscribing from the platform.  You will lose any remaining points in your points balance upon unsubscription and those points cannot be reactivated or retrieved following unsubscription.

(f)        Tax Liability.  You understand that any payments received from Mahogany Minds may be taxable income and you agree to comply with state and federal laws governing this possible taxable event. Specifically, if you receive more than five hundred ninety-nine and zero/100 U.S. Dollars ($599.00), or such amount subsequently specified by applicable law, from Mahogany Minds in one (1) calendar year, then you must complete and return IRS Form W-9 to us (providing your Taxpayer Identification Number). If you choose not to complete IRS Form W-9, then payments you receive will be capped at a maximum of five hundred ninety-nine and zero/100 U.S. Dollars ($599.00). You are responsible for paying any governmental taxes imposed on your use of the Mahogany Minds Services or receipt of any Mahogany Minds cash incentives, including, but not limited to, income, sales, use and value-added taxes and you agree to report any applicable amounts received from your participation in the Mahogany Minds Services as a Responder as required by applicable law.

3. Your Use of the Mahogany Minds Services.

(a) Responders expressly acknowledge and agree that use of the Mahogany Minds Services is at their sole discretion. You assume all risk of loss arising out of your use of the Website and Mahogany Minds Services.

(b) We reserve the right to restrict your access to and use of the Mahogany Minds Services at any time for any reason.

(c) You may browse the Website or Mahogany Minds Services as a visitor. However, certain areas of the Website or Mahogany Minds Services, including sending Surveys and answering Surveys through the Mahogany Minds Services, are restricted for Responders only. Visitors agree not to attempt to access Responder or client areas of the Mahogany Minds Services.

4. Our Intellectual Property Rights.

(a)        Limited License. Subject to your full compliance with these Terms, we hereby grant you a limited, non-exclusive, and non-transferable license to access and use the Mahogany Minds Services for your personal use, if you are an individual, and for your internal business use, if you are a business or entity.

(b)     Our Intellectual Property. We reserve all right, title and interest in and to the Website and Mahogany Minds Services and all intellectual property rights therein. You understand and acknowledge that the Mahogany Minds Services and the software, code, proprietary methods and systems used to provide the Mahogany Minds Services (the “Mahogany Minds Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. The Mahogany Minds Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Mahogany Minds Technology. Certain names, logos, and other materials displayed in connection with the Mahogany Minds Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Mahogany Minds or other entities. You are not authorized to use any of these Marks. Ownership of all these Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Mahogany Minds Services will be governed by the applicable third parties’ licenses and not by these Terms.

(c)        Use Data; Feedback. You agree that any ideas, feedback, or suggestions contributed by you in connection with your use of the Mahogany Minds Services, as well as any ideas, developments or inventions conceived by you as a result of your participation in the Mahogany Minds Services, will be the property of Mahogany Minds. We retain exclusive ownership of any data that is generated by your use, or our operation, of the Website or the Mahogany Minds Services.  Data generated by your use or our operation of the Mahogany Minds Services may be published as part of the results generated in connection with Surveys you submit through the Mahogany Minds Services, however, you will not under any circumstances have the right to publish any confidential information regarding Mahogany Minds’s business operations that you may receive or have access to in connection with your use of the Mahogany Minds Services.  

5. Use Guidelines and Restrictions; Prohibited Use and Content. 

Mahogany Minds is not responsible or liable for any loss or damages arising out of any prohibited activity. You agree that you will not in connection with your use of any of the Mahogany Minds Services:

(a) Commit any activity that violates local, state, federal, or international law;

(b) Use the Mahogany Minds Services, send Surveys or respond to any Surveys in any way that distracts or prevents you from obeying any traffic or safety laws or policies, including, but not limited to, use while driving or operating heavy machinery;

(c) Abuse or harass any other user or person;

(d) Collect or store personally identifying information about other users for commercial or unlawful purposes;

(e) Impersonate any person or entity;

(f) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Mahogany Minds Services;

(g) Engage in any activity which may compromise the stability or availability of the Mahogany Minds Services or use the Mahogany Minds Services to compromise the availability or stability of any third party site or service, including, but not limited to, use the network infrastructure and service in a manner that puts an excessive burden or limitation on the network;

(h) Use automated means, including, but not limited to, spiders, robots, crawlers, or the like to download data from the Mahogany Minds Services or any related server or database;

(i) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Mahogany Minds Services or any portion thereof;

(j) Circumvent any security measures or any payment collection methods employed on or through the Mahogany Minds Services, or access or use the Mahogany Minds Services after your Account, these Terms or your access has been terminated or suspended by us;

(k) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates such infringement;

(l) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or any third party software, site, equipment or service;

(m) Upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation; or

(n) Rent, lease or sublicense the Mahogany Minds Services or any portion thereof.

6. Third-Party Sites. 

The Website and Mahogany Minds Services may include hyperlinks or banner ads to third-party websites, content and/or resources (“Third-Party Sites”). These Terms do not apply to Third-Party Sites. If you visit or link to a Third-Party Site, the Third-Party Site’s Terms of Use and Privacy Policy will apply to your actions while accessing the Third-Party Site. Mahogany Minds does not represent that it has reviewed these Third-Party Sites, and is not responsible for them or any content appearing on them. You understand and agree that any material and/or data downloaded or otherwise obtained through use of a Third-Party Site is done at your own discretion and risk. You are solely responsible for any loss or damages that results from the download of material or data from a Third-Party Site. 

Our Management of the Mahogany Minds Services; User Misconduct. 

We reserve the right, but do not undertake the obligation to: (i) monitor or review the Mahogany Minds Services for violations of these Terms and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any of your content or any portion thereof; (iv) manage the Mahogany Minds Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Mahogany Minds Services; (v) screen our users, Responders and/or clients, or attempt to verify the statements of our users, Responders and/or clients, and/or (vi) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms.

Termination. 

We reserve the right without liability to terminate or restrict these Terms, or your access to, or use of, the Mahogany Minds Services, and any portion thereof, with or without notice, for any reason, including but not limited to, if we believe that you have violated these Terms. You agree that we will not be liable to you or any third-party for any interference with or termination of your access to the Mahogany Minds Services. Upon termination of your Account, if you have any outstanding points, you will not be entitled to a refund of these points. We are not required, and may be prohibited, from disclosing to you the reason for termination of these Terms or your Account. Upon termination of these Terms for any reason, the rights, duties, obligations and liabilities of the parties which are intended to survive will survive the end of this Agreement for whatever reason, including, but not limited to, the terms addressing confidentiality, payment obligations, intellectual property, representations & warranties, limitations on liability, governing law, and dispute resolution.

If Mahogany Minds terminates your Account, it disables the Account holder's access and ability to use the Account, but your content may persist on Mahogany Minds servers.

General Information Purposes Only; Responses to Surveys Do Not Constitute Medical, Legal or Financial Advice.

(a)    Medical Questions. Surveys, questions, and responses to medical questions are not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your emergency number, (911 in the United States) immediately. Content and information provided through the Mahogany Minds Services is not a substitute for professional medical advice, examination, diagnosis or treatment. Content and information provided through the Mahogany Minds Services should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on content or information provided through the Mahogany Minds Services.

(b)    Legal Questions. Surveys, questions, and responses to legal questions are not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. Content and information provided through the Mahogany Minds Services is provided for informational purposes only, with no assurance that the content and information provided through the Mahogany Minds Services is true, correct, or accurate. No action should be taken, delayed, or deferred based on the content and information provided through the Mahogany Minds Services. Content and information provided through the Mahogany Minds Services is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on content or information provided through the Mahogany Minds Services. Delay in seeking applicable legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.

(c) Financial Questions. Surveys, questions, and responses to financial questions are not intended to be financial or tax advice. We are not licensed financial professionals. We do not provide investment recommendations or advice.

Earnings and Results Disclaimer.

We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Mahogany Minds Services and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of our Mahogany Minds Services. You agree that your results are strictly your own, and we are not liable or responsible in any way for your results.

Updates to Terms and Changes to the Mahogany Minds Services. 

These Terms may be amended or changed by us at our discretion, with or without notice, at any time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Mahogany Minds Service or via email.The date at the top of these Terms indicates when these Terms were last updated. Your continued access or use of the Mahogany Minds Services following the effective date of changes to these Terms means that you accept those changes and agree to be bound by them unless you have entered into a separate, written agreement with Mahogany Minds that expressly supersedes these Terms. If any change to these Terms is not acceptable to you, you must stop using the Mahogany Minds Services.

18. Privacy Policy. 

We are committed to protecting the privacy of the personal information you provide to us through the Mahogany Minds Services. Any information you submit through the Mahogany Minds Services is subject to our Privacy Policy, which is a part of these Terms and is incorporated by this reference. For more information on our Privacy Policy, please click here.

19. Disclaimer of Warranties. 

THE WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE OR MAHOGANY MINDS SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY REGARDING AVAILABILITY, USEFULNESS, RELIABILITY OR ACCURACY. MAHOGANY MINDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY QUESTIONS/SURVEYS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE MAHOGANY MINDS SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR NOT SUBJECT TO OTHER LIMITATIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

 

20. Limitation of Liability. 

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF THE MAHOGANY MINDS SERVICES; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICE CONTAINED ON OUR SERVERS; OR LOSS OR DAMAGES ARISING FROM THE USE OF THE MAHOGANY MINDS SERVICES. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE Mahogany Minds SERVICES, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT MAHOGANY MINDS POINTS, REWARDS OR CASH INCENTIVES EARNED BY YOU IF YOU ARE A RESPONDER, DURING THE NINETY (90) DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.

 

21. Indemnification. 

You agree to indemnify and hold us, and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to, or arising out of, your use of the Mahogany Minds Services other than as permitted pursuant to these Terms, or any breach or violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

23. Notice to California Users.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Mahogany Minds Services, please send an email to info@mahogany-minds.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

24. Governing Law and Venue. 

This Agreement will be construed in accordance with and governed by the the laws of the State of Texas. The exclusive venue for any court proceeding based on or arising out of these Terms will be Dallas County, Texas.

25. Legal Disputes and Arbitration Agreement.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

(a)        Initial Dispute Resolution.  We are available by email at info@mahogany-minds.com to address any concerns you may have regarding your use of the Mahogany Minds Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which will be a precondition to either party initiating a lawsuit or arbitration.

(b)        Agreement to Binding Arbitration.  If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration.  All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Mahogany Minds Services will be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration will be Dallas County, Texas. Any action seeking injunctive relief will be submitted to the courts and shall not be subject to this provision.

(c)        Class Action Waiver. The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or a court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party will not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action. 

(d)        Exception - Litigation of Small Claims Court Claims. Notwithstanding our agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

26. Force Majeure. 

We will not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.

27. Notices. 

Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to us by U.S. mail at 11816 Inwood Rd, #1248, Dallas, TX 75244, or to you at the email address you provided us (a) at the time you registered; (b) through a subsequent notice of an address change; or (c) through a posting through the Mahogany Minds Services. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In these cases, notice shall be deemed given when received.

28. Non-Waiver. 

No delay or failure to take action under these Terms will constitute any waiver by us of any provision of these Terms.

29. Enforceability. 

If any provision of these Terms is found invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

30. Assignment. 

These Terms are personal to you and may not be transferred, assigned or delegated by you to any other person or entity. Any attempt by you to assign, transfer or delegate these Terms will be null and void. These Terms will bind and inure to the benefit of each party's permitted successors and assigns.

31. Entire Agreement. 

These Terms (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

32. No Third Party Beneficiaries. 

These Terms are between you and us. There are no third party beneficiaries.

33. No Modifications by Our Employees.  

If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

34. All Rights Reserved.

Mahogany Minds reserves all rights not expressly granted in the Terms. 

35. Contact Information.

If you have any questions about these Terms or the Mahogany Minds Services, please contact us at info@mahogany-minds.com.