1. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MINGO DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, MINGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR
AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH
THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF
THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH,
REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW.
LIMITATION OF LIABILITY.
MINGO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR
OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE
NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MINGO,
EVEN IF MINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MINGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING
OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO
ACCESS OR USE THE SERVICES; OR (ii) MINGO SHALL NOT BE LIABLE FOR DELAY
OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MINGO’S
REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MINGO’S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL
HAVE NO EFFECT ON MINGO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold Mingo and its affiliates and their
officers, directors, employees, and agents harmless from any and all
claims, demands, losses, liabilities, and expenses (including attorneys'
fees), arising out of or in connection with: (i) your use of the
Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms; or (iii) Mingo’s
use of your User Content
2. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of
the State of California, U.S.A., without giving effect to any conflict
of law principles, except as may be otherwise provided in the
Arbitration Agreement above or in supplemental terms applicable to your
region. However, the choice of law provision regarding the
interpretation of these Terms is not intended to create any other
substantive right to non-Californians to assert claims under California
law whether that be by statute, common law, or otherwise. These
provisions, and except as otherwise provided in Section 2 of these
Terms, are only intended to specify the use of California law to
interpret these Terms and the forum for disputes asserting a breach of
these Terms, and these provisions shall not be interpreted as generally
extending California law to you if you do not otherwise reside in
California. The foregoing choice of law and forum selection provisions
do not apply to the arbitration clause in Section 2 or to any arbitrable
disputes as defined therein. Instead, as described in Section 2, the
Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to
themingoapps@gmail.com
Notice.
Mingo may give notice by
means of a general notice on the Services, electronic mail to your email
address in your Account, telephone or text message to any phone number
provided in connection with your account. Such notice shall be deemed to
have been given upon the expiration, 12 hours after sending (if sent by
email or telephone).
General.
Mingo’s failure to
enforce any right or provision in these Terms shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by
Mingo in writing. This provision shall not affect the Severability and
Survivability section of the Arbitration Agreement of these Terms.