TERMS OF SERVICE

These Terms of Service contain important information about your legal rights, obligations and remedies; please read them carefully. Your utilization of the MUVA Site (defined below) or services constitutes your agreement to be bound by and in all respects to comply with these Terms of Service.

Section 18 of these Terms of Service require that disputes be resolved through arbitration, and includes waivers by you and MUVA of any right to participate as a plaintiff or class member in any class-action lawsuit, class-wide arbitration or other representative proceeding, as well as a waiver of any right to trial by jury.

By accessing our online and/or mobile services, web sites, and software provided on or in connection with themuva.com and the services provided by us (collectively, the "Site") or using the Site and/or using the Muva Services (defined below), you acknowledge that you have read, understood, and agree to be bound by this Terms of Service agreement ("Agreement") and to the collection, use, and disclosure of your information as set forth in the MUVA Privacy Policy, whether or not you are a registered user of our Site. This Agreement applies to all visitors, users, and others who access the Site or use the MUVA services.

1. DEFINITIONS

As used in this Agreement

"MUVA Service(s)"means the MUVA services provided by or on behalf of MUVA as described in Section 6 below.

2. ELIGIBILITY

You must be at least 18 years of age and be able to enter into legally binding contracts to use the Site and MUVA Services. By registering to use the Site and MUVA Services, you represent and warrant that you are 18 years of age or older.

3. SCOPE OF USE

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal use only and as permitted by the features of the Site. MUVA reserves all rights not expressly granted herein in the Site and the MUVA (defined below). MUVA may terminate this license at any time for any reason or no reason.

4. YOUR ACCOUNTS

Your MUVA account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a MUVA account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account, and for the security of your account password. You must notify MUVA immediately of any breach of security or unauthorized use of your account. MUVA is not liable for any losses caused by any unauthorized use of or access to your account.

You may control your User profile and account settings by emailing us at help@themuva.com, updating your profile online at www.themuva.com. By providing MUVA with your email address, you consent to our using the email address to send you Site and MUVA Service related notices, including any notices required by law, in lieu of communication by U.S. mail. We may also use your email address to send you other messages, such as changes to features of the Site and MUVA Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing us at help@themuva.com. Opting out may prevent you from timely receiving notification regarding updates, alerts, improvements, or offers.

5. PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to the MUVA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

6. MUVA SERVICES

MUVA Responsibilities and Rights

Subject to the terms and conditions of this Agreement, including without limitation the payment of all fees under this Agreement, MUVA shall, upon request allocate you a professional moving company that will provide a quote for moving your belongings. You acknowledge that all negotiations and contract for moving your belongings will be between you and the moving company. The foregoing MUVA services shall be referred to under this Agreement as "MUVA Services." Times given for delivery, collection, and return are only estimates, and MUVA shall not be liable for any delay in delivery, collection, or return.

Your Responsibilities:

You will be solely responsible for: (i) obtaining and ensuring that moving companies on the MUVA platform have access to vehicle parking as may be reasonably required to carry out the MUVA Services; (ii) ensuring that you or someone authorized by you is present during the delivery and collection of the Items; (iii) providing MUVA with your contact details and ensuring that such contact details are accurate and up-to-date.

7. PAYMENT

By using the MUVA Services or other services or products provided by MUVA, you agree to our pricing and payment terms, as we may update them from time to time. MUVA may add services and charge additional fees for them, or change fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You also agree to pay applicable taxes (including without limitation any applicable sales tax), relating to such purchases or transactions. Any amounts not paid when due shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.

You may cancel your MUVA account at any time; however, there are no refunds for cancellation. You will remain obligated to pay the full amount of any minimum payment commitment you have made to MUVA, regardless of whether and at what point you cancel your MUVA account. In the event that MUVA suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund for any unused MUVA time or prepaid service.

deducting MUVA’ administrative charge of $150.00, will be returned to you at the notice address you have supplied to MUVA.

8. TERMINATION

MUVA may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement, or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) MUVA believes in good faith that such action is reasonably necessary to protect the personal safety or property of MUVA or third parties.
In addition, MUVA may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached this Agreement, our Policies, applicable laws, regulations, or third party rights, or (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the MUVA Account registration, or thereafter, or (iv) you at any time fail to meet any applicable quality or eligibility criteria, or (v) MUVA believes in good faith that such action is reasonably necessary to protect the personal safety or property of MUVA or third parties, or to prevent fraud or other illegal activity:

Limit your access to or use of the Site or MUVA Services;
Temporarily or permanently revoke any special status associated with your MUVA account; or
Temporarily or in case of severe or repeated offenses permanently suspend your MUVA account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by MUVA and an opportunity to resolve the issue to MUVA’ reasonable satisfaction.

If you or we terminate this Agreement, the clauses of this Agreement that reasonably should survive termination will remain in effect.

9. INTELLECTUAL PROPERTY RIGHTS

Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "MUVA Content"), and all Intellectual Property Rights related thereto, are the exclusive property of MUVA and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MUVA Content. Use of the MUVA Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Site or MUVA Services, including without limitation about how to improve the Site, the MUVA Services, or our other services or products ("Idea(s)"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MUVA under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MUVA does not waive any rights to use similar or related ideas previously known to MUVA, or developed by its employees, or obtained from sources other than you.

10. PERSONAL INFORMATION

Privacy

We care about your privacy. You understand that by using the Site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

Site Security

We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Links

The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by MUVA. MUVA does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, you do so at your own risk, and you understand that MUVA’ obligations under this Agreement and MUVA’ Privacy Policy do not apply to your use of such sites and services. You expressly release MUVA from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site or in connection with the MUVA Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MUVA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. INDEMNITY

You agree to release, defend, indemnify and hold harmless MUVA and its affiliates, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal and accounting fees) arising out of or relating to (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your use of the MUVA Services; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule, or regulation; (vi) any of your User Content or Stored Items, or any that is submitted via your account; or (vii) any other party’s access and use of the Site or MUVA Services with your unique username, password or other appropriate security code.

12. NO WARRANTY / DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE OR MUVA SERVICES, YOU DO SO AT YOUR SOLE RISK; THE SITE AND MUVA SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MUVA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MUVA MAKES NO WARRANTY THAT THE SITE OR MUVA SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUVA OR THROUGH THE SITE OR MUVA SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR MUVA SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR MUVA SERVICES. YOU UNDERSTAND THAT MUVA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, OR MUVA SERVICES. MUVA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OF THE SITE OR MUVA SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR MUVA SE4RVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE STIE OR MUVA SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR MUVA SERVICES.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.

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

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORIY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND MUVA SERVICES REMAINS WITH YOU. NEITHER MUVA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR MUVA SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (i) THIS AGREEMENT, OR (ii) FROM THE USE OF OR INABILITY TO USE THE SITE OR MUVA SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MUVA’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SITE OR MUVA SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR MUVA SERVICES VIA THE SITE IN THE TWELVE (12) MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUVA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL MUVA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUVA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR MUVA SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY POLICY); (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (vii) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES EVEN IF MUVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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

14. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against MUVA in the United States.
Overview of Dispute Resolution Process. MUVA is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 18.1 applies: (1) an informal negotiation directly with MUVA’ customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specialty designed Consumer Arbitration Rules (as modified by this Section 18). Specifically, the process provides:

Claims can be filed with AAA online (adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims; at their option;
The initial filing fee for the consumer is capped at $200.
The consumer gets to select the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

Pre-Arbitration Dispute Resolution and Notification.Prior to initiating an arbitration, you and MUVA each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact MUVA’ customer service team by emailing us support@themuva.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at adr.org) provided to the other party, as specified in the AAA rules.
Agreement to Arbitrate. You and MUVA Inc. agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the MUVA Platform or the MUVA Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applied to our Dispute, you and MUVA agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and MUVA each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misrepresentation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.
Modification to AAA Rules – Arbitration Hearing Location.In order to make the arbitration most convenient to you, MUVA agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Los Angeles County; (c) in any other location to which you and MUVA both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
Modification to AAA Rules – Attorneys’ Fees and Costs.You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. If the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, MUVA will seek to recover attorneys’ fees and expenses if it prevails in the arbitration.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver. You and MUVA acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and MUVA acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and MUVA both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Severability. Except as provided in Section 18.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Changes. Notwithstanding the provisions of Section 19.1 (“Modification”), if MUVA changes this Section 18 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted the terms of this Agreement (or accepted any subsequent changes to such terms), you may reject any such change by sending us written notice (Including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MUVA’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MUVA in accordance with the provision of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted such terms (or accepted any subsequent changes to such terms).
Survival. This Section 18 will survive any termination of this Agreement and will continue to apply even if you stop using the MUVA Site or MUVA Services or terminate your MUVA account.

15. NOTIFICATION PROCEDURESAND CHANGESTO THIS AGREEMENT

MUVA reserves the right to modify this Agreementat any time in accordance with this provision. If we make changes to this Agreement, we will post the revised terms on the Site and update the “Last Updated” date at the top of this Agreement. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate this Agreement before the date the revised terms become effective, your continued access to or use of the Site or MUVA Services will constitute acceptance of the revised terms.

Notification.

MUVA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by MUVA in our sole discretion. MUVA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. MUVA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

16. GENERAL PROVISIONS

Except as they may be supplemented byadditional terms and conditions, policies, guidelines orstandards, these termsconstitute the entire Agreementbetween MUVA and you pertaining to the subject matter hereof, andsupersede any and all prior oral or written understandings or agreements between MUVA and you in relation to the access to and use of the Site and MUVA Services.
No joint venture, partnership, employment, or agency relationship exists between you and MUVA as a result of this Agreement or your use of the Site or MUVA Services.
The terms of this Agreement do not and are not intended to confer any rights or remedies upon any person other than the parties.
Unless specified otherwise, ifany provision of this Agreement held to beinvalid or unenforceable,such provision will be struck and willnot affect the validity and enforceability of the remaining provisions.
MUVA’ failure to enforceany right or provision inthis Agreement willnot constitute a waiver of such right or provisionunless acknowledged and agreed to by us in writing.Except as expressly set forth herein, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without MUVA’ prior written consent. MUVA may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to you permitted or required under this Agreement, will be in writing and given by MUVA via email, MUVA Site notification, or messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which MUVA transmits the notice.
This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 18 must be brought in state or federal court in Los Angeles, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in California.
If you have any questions about these Terms please email us at support@themuva.com.