Terms of Use

MINZO TERMS OF USE

These Terms of Use (“Terms”) constitute a legally binding agreement (the “Agreement”) between you the User, as may be applicable as provided below, and Minzo LLC, including without limitation, its managers, members, representatives, affiliates, officers and directors (collectively, “Minzo,” “we,” “us” or “our”) governing your use of the Minzo technology platform (the “Minzo App”).

By accessing or using the Minzo App provided by Minzo, or any of our subsidiaries or other affiliates that link to this Agreement, you agree to be bound by this Agreement and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Minzo App. Any terms not defined herein shall have the meanings provided in the agreement between us and the entity through which you have been provided access to the Minzo App. By clicking on the acceptance button that follows these Terms, you indicate acceptance of these Terms.

The Minzo App

The Minzo App provides a marketplace where persons who seek automobile maintenance or repair services (“Customers”) can be matched with service providers who may be able to deliver such maintenance or repair services (“Providers”). Customers and Providers are individually referred to herein as “User” and collectively as “Users,” and the services provided by Providers to Customers shall be referred to herein as “Auto Services.” As a Customer, you authorize Minzo to match you with a Provider based on factors such as your location, the estimated time to deliver the Auto Services, your desired services, user preferences, and the Minzo App’s efficiency. You also authorize us to cancel an existing match and/or rematch based on such similar considerations. Any decision by a User to offer or accept Auto Services is a decision made in such User’s sole discretion. Auto Services provided by a Provider to a Customer shall constitute a separate agreement between such persons.
Use of the Minzo App.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Minzo App and its content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Minzo App or its content, (b) distribute, publicly perform or publicly display the Minzo App or its content, (c) modify or otherwise make any derivative uses of the Minzo App or its content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Minzo App or its content, except as expressly permitted by us, and (f) use the Minzo App or its Content other than for their intended purposes. Any use of the Minzo App or its content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in this Agreement shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or content of Minzo or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary herein, the Minzo App or its content, a third party device through which you may access the Minzo App may include software components provided by Minzo or a third party that are subject to separate license terms, in which case those license terms will govern such software components. You are solely responsible for all data and telecommunications charges incurred with your use of the Minzo App.
Modification to Agreement

Minzo reserves the right to modify the terms and conditions of this Agreement, at any time, at our sole discretion. Continued use of the Minzo App or any of our services after any such changes shall constitute your consent to such changes. Minzo reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
Eligibility

The Minzo App may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Minzo App is not targeted toward or intended for use by anyone under the age of 18. By using the Minzo App, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from use of the Minzo App, or engaged in any activity that could result in suspension or removal from Minzo App, (d) do not have more than one Minzo account, (e) have full power and authority to enter into these terms of the Agreement and in so doing will not violate any other agreement to which you are a party, (f) have provided only registration data and User submissions that are truthful and accurate, (h) will provide your registration data and use the Minzo App in full compliance with all applicable laws, statutes, regulations, ordinances and other rules, and (i) will not submit any material that may disrupt or interfere with the hardware or software operating the Minzo App.
Charges

As a User, you understand that the request or use of Auto Services may result in charges to you (“Charges”). Charges for Auto Services include fees for services provided, payment processing fees and other applicable surcharges and taxes, plus any tips to the Provider that Customer elects to pay. Minzo has the authority to, and reserves the right to, determine and modify pricing at any time prior to Customer making a request to Provider for Auto Services. Pricing may vary based on, including but not limited to, the type of service you request and vehicle for which such services are requested. You are responsible for confirming the applicable price quote with the Provider prior to receiving the requested Auto Services, and you shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. It is the User’s responsibility to confirm any and all Charges.
1. Fees
  
  There are different types of fees you will be responsible for paying, including, but not limited to, the following:
  1. Variable Fees.
    
    “Variable Fees” consist of a base charge and additional charges based on the difficulty and duration of your Auto Service. For particularly easy services, minimum fees may apply.
  2. Quoted Fees.
    
    In some cases Provider may provide you a “Quoted Fee at the time of your request, which is a fee that is subject to change until the auto service request is confirmed and completed. If during your waiting period you change your requested service, request multiple services, or abuse or attempt to abuse Provider quotes or the Minzo App, Provider or Minzo may cancel the Quoted Fee and charge you a Variable Fee based on the difficulty and duration of the requested services. Minzo does not guarantee that any Quoted Fee that may be provided by any Provider will be equal to a variable fee for the same service. Quoted Fees may include the Fees and Other Charges below, as applicable.
  3. Payment Processing Fees.
    
    Customers are responsible for paying all payment processing fees charged by Stripe under the Minzo App. Although the Minzo App provides a marketplace where Customers can be matched with Providers for Auto Services, any applicable fees charged electronically to Customer by Provider under the Minzo App, is processed by Stripe, a third-party payment processor. Minzo does not represent or warrant any of Stripe’s services or products or any other third payment processor under the Minzo App.
  4. Late Cancellation Fees.
    
    Customers are subject to automatic “Late Cancellation Fees”. How much and when Late Cancellation Fees apply will vary but any cancellations within 24 hours of the confirmed service appointment date and time will automatically be assessed a Late Cancellation Fee of at least $5 to Customer. Customers are responsible for contacting Providers in advance for any cancellations.
  5. No Show Fees.
    
    Customers are subject to automatic “No Show Fees.” Customers who fail to be present and ready to have their vehicles serviced according to the confirmed service appointment date and time will automatically be assessed a No Show Fee of at least $5 to Customer. Customers are responsible for contacting Providers in advance for any cancellations.
Payments

If you are a Provider, you will receive payment for your provision of Auto Services pursuant to the terms of the Provider Addendum, which shall form part of this Agreement between you and Minzo.
Minzo Communications.

By entering into this Agreement or using the Minzo App, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Minzo, its affiliated companies and/or Providers, may include but are not limited to: operational communications concerning your User account or use of the Minzo App or Auto Services, updates concerning new and existing features on the Minzo App, communications concerning promotions run by us or our third-party partners, and news concerning Minzo and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional calls or texts, you may email us with the subject line “END PROMOTIONAL EMAILS” to info@minzoauto.com. You acknowledge that you are not required to consent to receiving promotional texts or calls as a condition of using the Minzo App or related services. If you wish to opt out of all texts or calls from Minzo (including operational or transactional texts or calls), you can email us with the subject line “STOP ALL TEXTS OR CALLS” to info@minzoauto.com; however, you acknowledge that opting out of receiving all texts may impact your use of the Minzo App or related services.
Your Information

Your “Information” is any information you provide, publish or post to or through the Minzo App (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Minzo App and participate in the Auto Services. Our collection and use of personal information in connection with the Minzo App and Auto Services is as provided in Minzo’s Privacy Policy located at www.Minzoauto.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Minzo to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Minzo does not assert any ownership over your Information; rather, as between you and Minzo, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
Promotions, Referrals, and Loyalty Programs.

Minzo, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Customers or prospective Customers. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Minzo. Minzo reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Minzo determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Minzo reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you. Currently, Minzo’s referral program (“Referral Program”) provides you with incentives to refer your friends and family to become new Customers of the Minzo Platform (as defined in our Privacy Policy) in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
Restricted Activities

With respect to your use of the Minzo Platform and your participation in the Auto Services, you agree that you will not:
1. impersonate any person or entity;
2. stalk, threaten, or otherwise harass any person, or carry any weapons;
3. violate any law, statute, rule, permit, ordinance or regulation;
4. interfere with or disrupt the Minzo App or the servers or networks connected to the Minzo App;
5. post Information or interact on the Minzo App or Auto Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
6. use the Minzo App in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Minzo App or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8. “frame” or “mirror” any part of the Minzo App, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
9. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Minzo App;
10. rent, lease, lend, sell, redistribute, license or sublicense the Minzo App or access to any portion of the Minzo App;
11. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Minzo App or its contents;
12. link directly or indirectly to any other web sites;
13. transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
14. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
15. violate any of the Referral Program rules if you participate in the Referral Program; or
16. cause or direct any third party to engage in the restricted activities above.
Provider Representations, Warranties and Agreements.

By providing Auto Services as a Provider through the Minzo App, you represent, warrant, and agree that:
1. You possess a valid driver’s license and are authorized and medically fit to service a motor vehicle and have all appropriate licenses, approvals and authority to provide Auto Services to Customers in all jurisdictions in which you provide Auto Services, including without limitation any required certification such as ASE certifications.
2. You own, or have the legal right to operate, the equipment or machinery you use when providing Auto Services; such equipment or machines are in good operating condition and meets the industry safety standards and all applicable federal, state, and local rules and regulations.
3. You will not engage in reckless behavior while providing Auto Services, provide Auto Services unsafely, operate equipment or machines that are unsafe, permit an unauthorized third party to accompany you while providing Auto Services, provide services as a Provider while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Minzo community or third parties.
4. You will not attempt to defraud Minzo or Customers on the Minzo App or in connection with your provision of Auto Services. If we suspect that you have engaged in fraudulent activity we may terminate our Agreement with you, and take any other action against you available under the law.
5. You will not discriminate against Customers with disabilities and comply with all Federal, state and local laws with respect to ant-discrimination.
6. You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
7. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle, equipment, and machinery you use to provide Auto Services.
8. You will pay all applicable federal, state and local taxes based on your provision of Auto Services and any payments received by you.
Intellectual Property.

All intellectual property rights in the Minzo App shall be owned by Minzo absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Minzo App are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Minzo. Minzo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Minzo respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Minzo App infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
Proprietary Rights and Confidentiality.

Unless otherwise indicated in writing by us, the Minzo App that we provide, and all content, materials contained therein, including, without limitation, any documentation provided with the Minzo App name and logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined below), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Minzo or our licensors or users, as applicable, and are protected by U.S. and international copyright laws and international treaty provisions and constitute valuable proprietary property of Minzo (or our affiliates) or licensors and all title and ownership rights in each of the foregoing remain exclusively with us (or our affiliates) or licensors. We reserve all rights with respect to the foregoing under all laws of all jurisdictions designated for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, service marks, and patents. You may not: (i) alter or remove any proprietary, copyright, trademark or trade secret legend, or (ii) attempt to decompile, disassemble or reverse engineer any software or other Minzo proprietary materials. Any information derived in violation of such covenant shall automatically be deemed owned exclusively by Minzo. Proprietary legends or restrictive notices may not be removed, and you shall not copy or modify any such materials except as specifically authorized hereunder.

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Minzo’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Minzo Platform, which may include the User’s name, service location, contact information and photo (“Confidential Information”) disclosed to you by Minzo for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Minzo Platform any User information obtained from the Minzo Platform. As a Provider, you understand that some of User information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Customer, you should not disclose to anyone the identity of the Customer or the location that you serviced the Customer as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Minzo in order to prevent it from falling into the public domain. Notwithstanding anything to the contrary to the foregoing, Confidential Information shall not include information which you can prove was (i) in the public domain at the time it was disclosed to You by Minzo or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Minzo; becomes known to You, without restriction, from a source other than Minzo without breach of this Agreement by You and otherwise not in violation of Minzo’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide us with prompt notice of such court order or requirement to Minzo to enable Minzo to seek a protective order or otherwise prevent or restrict such disclosure.
Registration, Account and Communication Preferences.

In order to access and use the Minzo App, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Minzo App or your account. You may be liable for the losses incurred by Minzo or others due to any unauthorized use of your account. By creating an account, you also consent to receive electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Hyperlinks.

Minzo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Minzo App or of websites linking to the Minzo App. When you link to those websites, you leave the Minzo App, if applicable. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. When you leave the Minzo App, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate. Minzo expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. Your use of any links is at your own risk.
Third Party Content.

We may display content, from third parties through the Minzo App (“Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Minzo is not responsible or liable in any manner for such interactions or Third Party Content.
User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Minzo App. You agree that you will abide by these Terms and, in addition, will not: Use or attempt to use another user’s account without authorization from such user and Minzo; Use the Minzo App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Minzo App or that could damage, disable, overburden or impair the functioning of the Minzo App in any manner; reverse engineer any aspect of the Minzo App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Minzo App; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Minzo App that you are not authorized to access; Develop any third party applications that interact with User content, the Minzo App without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Minzo App, extract data or otherwise interfere with or modify the Minzo App’s functionality; Use the Minzo App for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
User Content.

The Minzo App may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Minzo App or through third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Minzo App. By uploading, posting or submitting User Content, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Minzo to use such User Content for the purposes described in these Terms and our Privacy Policy, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right. By using the interactive features and areas of the Minzo App, you further agree not to create, post, share or store any of the following: User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; User Content that impersonates, or misrepresents your affiliation with, any person or entity; User Content that references or depicts Minzo or the Minzo App or any other of our products or services but fails to disclose a material connection to us; User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations; User Content that contains any private or personal information of a third party without such third party’s consent; User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors; User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Minzo App, or that may expose Minzo or others to any harm or liability of any type. We are not responsible or liable for any User Content and do not warrant that User Content is accurate, complete, current or legally compliant. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Minzo App at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Minzo App at your sole cost and expense.
Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Minzo, including, without limitation, our respective past, present and future employees, officers, directors, members, managers, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Minzo Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Minzo App, (b) any User Content you create, post, share or store on or through the Minzo App, or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these Terms (including without limitation, the use rights and restrictions contained herein), (e) your violation of the rights of another, and (f) any use or misuse of the Minzo App by any third party who accesses the Minzo App through your device. You agree to promptly notify Minzo of any third party Claims and cooperate with Minzo or its affiliate parties in defending such claims. You further agree that the Minzo or its affiliate parties shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Minzo.
Text Messaging and Telephone Calls.

You agree that Minzo may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Minzo account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Minzo at any time by contacting info@minzoauto.com. If you do not choose to opt out, Minzo may contact you as outlined in our Privacy Statement.
Disclaimers

WE DO NOT GUARANTEE THE ACCURACY OF MINZO APP OR ANY OTHER MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. THE MINZO APP AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS. MINZO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE MINZO APP WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

The following disclaimers are made on behalf of Minzo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective members, managers, officers, directors, employees, agents, and shareholders.

It is up to the Provider to decide whether or not to offer auto services to a Customer contacted through the Minzo App, and it is up to the Customer to decide whether or not to book a service from any Provider contacted through the Minzo App. We cannot ensure that a Provider or Customer will complete an arranged service. We have no control over the quality or safety of the services that occurs as a result of any party’s use of the Minzo App.

The Minzo App is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Minzo App, including the ability to provide or receive services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Minzo App will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Minzo App will be corrected, or that the Minzo App is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Minzo App.

We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Minzo App, including confirming the booking details with the User or Provider you have matched with to make sure it is the same individual you booked any services with. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Minzo App by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential User or Provider prior to engaging in any arranged services.

Minzo is not responsible for the conduct, whether online or offline, of any Customer or Provider of the Minzo App. You are solely responsible for your interactions with other Customers or Providers. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by any User. By using the Minzo App and participating in the services, you agree to accept such risks and agree that Minzo is not responsible for the acts or omissions of Customers or Providers on the Minzo App.

You are responsible for the use of your Customer or Provider account and Minzo expressly disclaims any liability arising from the unauthorized use of your Customer or Provider account. Should you suspect that any unauthorized party may be using your Customer or Provider account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the Minzo App (including any profile information you provide), send to other Customers or Providers, or share during the services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Customers or Providers on the Minzo App. Please carefully select the type of information that you post on the Minzo App or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Customers or Providers (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Minzo or made available through the Minzo App, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Minzo App or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Minzo App and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Customers or Providers or others.

Location data provided by the Minzo App is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Minzo, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Minzo App. Any of your Information, including geolocational data, you upload, provide, or post on the Minzo App may be accessible to Minzo and certain Customers or Providers of the Minzo App.

Minzo advises you to use the Minzo App with a data plan with unlimited or very high data usage limits, and Minzo shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Minzo Platform.

Customers and Providers may use Google Maps while using the Minzo App. In either case, you agree that Google may collect your location data when the Minzo App is running in order to provide and improve Google's services, that such data may also be shared with Minzo in order to improve its operations, and that Google’s terms and privacy policy will apply to this usage.

Limitation of Liability; Release.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINZO OR ANY OF THE OTHER MINZO PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE WEBSITE, APP, CHANNELS OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM MINZO), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MINZO AND THE OTHER MINZO PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE WEBSITE OR APP, OR USE THEREOF OR (B) ACCESS OR USE OF THE CHANNELS OR CONTENT, EXCEED THE GREATER OF $500 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE MINZO AND THE OTHER MINZO PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, AND ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE MINZO AND THE OTHER MINZO PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH MINZO PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A NON-CALIFORNIA RESIDENT, YOU, AND ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE MINZO AND THE OTHER MINZO PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH MINZO PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY YOU MUST HAVE MATERIALLY AFFECTED YOUR SETTLEMENT WITH MINZO.
Governing Law and Venue.

These Terms and your access to and use of the Minzo App shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to choice of law (or conflict of law) rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the State of California, provided that we may seek injunctive or other equitable relief to protect our Content or other intellectual property in any court of competent jurisdiction. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms.
Termination.

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your right to access or use the Minzo App and to order, receive and use the Minzo App, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event. In the event of termination, regardless of cause, you agree to immediately delete your account, remove the Minzo App from your device and cease all use of the Minzo App as well as any offering or hiring of services between User and Provider that arose as a result of coming into contact with the other party through the use of the Minzo App. We may unilaterally implement security protocols to delete your account and/or disable the Minzo App. You agree that your access to the Minzo App or any account you may have or portion thereof may be terminated without prior notice, in addition to any other remedies Minzo may have at law or in equity, and you agree that Minzo is not liable to you or any third party for any such termination. If we are required to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Minzo App or by sending notice to any address that we have for you in our records. To the fullest extent permitted under applicable law, your only remedy with respect to any dissatisfaction with (i) the Minzo App, (ii) any of these Terms (iii) any policy or practice of Minzo in operating the Minzo App, or (iv) any content or information transmitted through the Minzo App, is to cease use of the Minzo App and remove it from your device.
Effectiveness.

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Minzo; or b) by either party immediately, without notice, upon the other party’s material breach of this Agreement, including but not limited to any breach of Section 10 or breach of Section 11(a) through (h) of this Agreement. In addition, Minzo may terminate this Agreement or deactivate your User or Provider account immediately in the event: (1) you no longer qualify to provide services or to provide the approved services under applicable law, rule, permit, ordinance or regulation; (2) you fall below Minzo’s star rating or cancellation threshold; (3) Minzo has the good faith belief that such action is necessary to protect the safety of the Minzo community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Minzo’s reasonable satisfaction prior to Minzo permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Minzo’s satisfaction, this Agreement will not be permanently terminated. Sections 3, 7, 8 (with respect to the license), 1, 10-13, 19, 21-29, and 31 shall survive any termination or expiration of this Agreement.
Severability.

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Survival.

The following sections will survive the expiration or termination of these Terms and the termination of your account: all defined terms and Sections 1, 3, 7, 8, 10-13, 19, 21-29 (including this section 27), and 31.
Miscellaneous.

These Terms constitute the entire agreement between you and Minzo relating to your access to and use of the Minzo App. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Minzo. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Minzo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. We have agreed that the language of these Terms shall be English.

You agree that this Agreement and all incorporated agreements may be automatically assigned by Minzo, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Minzo shall be given by certified mail, postage prepaid and return receipt requested to Northwest Registered Agent Service Inc. 30 N. Gould St. Suite N, Sheridan, WY 82801. Any notices to you shall be provided to you through the Minzo App or given to you via the email address or physical address you provide to Minzo during the registration process.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between You and Minzo with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the Minzo Platform or Auto Services, please contact us at info@minzoauto.com.
Relationship with Minzo.

As a Provider on the Minzo App, you acknowledge and agree that you and Minzo are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Minzo expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Minzo; and (2) no joint venture, franchisor- franchisee, partnership, or agesncy relationship is intended or created by this Agreement. You have no authority to bind Minzo, and you undertake not to hold yourself out as an employee, agent or authorized representative of Minzo.

Minzo does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Auto Services, your acts or omissions, or your operation and maintenance of your equipment and machinery. You retain the sole right to determine when, where, and for how long you will utilize the Minzo App. You retain the option to accept or to decline or ignore a Customer’s request for Auto Services via the Minzo Platform, or to cancel an accepted request for Auto Services via the Minzo App, subject to Minzo’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Minzo shall have no right to require you to: (a) display Minzo’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Minzo’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Auto Services or otherwise engage in other business or employment activities.
General.

This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MINZO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THE AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
1. Scope of Arbitration Agreement.
  
  You and Minzo mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Minzo ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Minzo, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective manager, members, officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Minzo’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
  
  IF YOU AGREE TO ARBITRATION WITH MINZO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST MINZO IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
  
  The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
  
  Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
2. Arbitration Rules.
  
  Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
  
  As part of the arbitration, both you and Minzo will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
  
  The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users and Providers, but is bound by rulings in prior arbitrations involving the same Users and Providers to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
3. Representative PAGA Waiver.
  
  Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Minzo agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Minzo agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
4. Arbitrator Powers.
  
  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Minzo. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Minzo.
5. Waiver of Jury Trial.
  
  YOU AND MINZO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Minzo are instead electing to have claims and disputes resolved by arbitration, except as specified in section 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
6. Waiver of Class or Consolidated Actions.
  
  YOU AND MINZO AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR PROVIDER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Minzo is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in this Agreement.
  
  In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Terms of Use

MINZO TERMS OF USE

The Minzo App

Use of the Minzo App.

Modification to Agreement

Eligibility

Charges

Payments

Minzo Communications.

Your Information

Promotions, Referrals, and Loyalty Programs.

Restricted Activities

Provider Representations, Warranties and Agreements.

Intellectual Property.

Proprietary Rights and Confidentiality.

Registration, Account and Communication Preferences.

Hyperlinks.

Third Party Content.

User Conduct

User Content.

Indemnification.

Text Messaging and Telephone Calls.

Disclaimers

Limitation of Liability; Release.

Governing Law and Venue.

Termination.

Effectiveness.

Severability.

Survival.

Miscellaneous.

Relationship with Minzo.

General.

Dispute Resolution and Arbitration Agreement.

Scope of Arbitration Agreement.

Arbitration Rules.

Representative PAGA Waiver.

Arbitrator Powers.

Waiver of Jury Trial.

Waiver of Class or Consolidated Actions.