Mango Aire User Agreement
This User Agreement is effective upon acceptance for new users, and from February 1, 2020 for existing users.
The entity you are contracting with is Mango Aire LLC 7400 Beaufont Springs Drive #300 Richmond, VA 23225 USA. In this Agreement, this entity and any other entities wholly or partly owned by Mango Aire LLC are individually and collectively referred to as "Mango Aire," "we," or "us."
This Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of warranties; limitation of liability" and "Legal disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal disputes ["Agreement to Arbitrate"]). If you do not opt out: (1) you will only be permitted to pursue claims against us or agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. About Mango Aire
Mango Aire is a marketplace that allows users to offer, sell and buy products which have been warranted as eco-friendly and environmentally-sustainable by their sellers, using variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Mango Aire is not a traditional seller or auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Mango Aire has no control over and does not guarantee: the existence, quality, safety, eco-friendliness, environmental-sustainability or legality of items advertised or sold through our platform; the truth or accuracy of seller' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using Mango Aire
In connection with using or accessing the Services you shall not: post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; fail to pay for items purchased by you, unless you have a valid reason as set out in a Mango Aire policy, for example, the seller has materially changed the item's description after you buy it, a clear typographical error is made, or you cannot contact the seller; or the product or service purchased is shown to be not eco-friendly or environmentally-sustainable as warranted by the seller, or the seller fails to deliver items purchased by you, unless you have a valid reason as set out in an Mango Aire policy, for example, the buyer fails to comply with the posted terms in your sale listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other user's listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems; transfer your Mango Aire account and/or user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Mango Aire or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Mango Aire; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any Mango Aire application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Mango Aire. Some, but not all, actions that may constitute infringement are: reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Mango Aire or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you; commercialize any Mango Aire application or any information or software associated with such application, except with the prior express permission of Mango Aire; harvest or otherwise collect information about users without their consent; or circumvent any technical measures used to provide the Services. Sellers must meet Mango Aire's minimum performance standards. If you are a seller, failure to meet these standards may result in Mango Aire charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing Mango Aire and/or our Services in any way, including listing or selling products which are not eco-friendly or environmentally-sustainable, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating our policies on buying or selling Mango Aire-listed products outside of Mango Aire, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Mango Aire, you may be liable to pay a final value fee applicable to that item, even if the listed item is not sold through Mango Aire. We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our sole discretion.
4. Policy enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
5. Fees and taxes
The fees we charge for using our Services are listed on our selling fees page. [Link to page showing the fees that you charge to sellers] We may change our seller fees from time to time by posting the changes on the Mango Aire site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Mango Aire Services, even if sales terms are finalized or payment is made outside of Mango Aire. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Mango Aire, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of Mango Aire Services for the introduction to a buyer.
You must have a payment method on file when selling through Mango Aire Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, you authorize us to request that PayPal or other intermediary payment platforms deduct the amount owed from your account balance. In addition, you will be subject to late fees. Mango Aire, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Mango Aire reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at our address for legal notices listed near the end of this Agreement.
In any jurisdiction where Mango Aire has an obligation to collect sales taxes on sales you make using Mango Aire Services, we may collect such sales taxes from you via the payment method on file or via any other means available to us.
Seller fees don't purchase exclusive rights to item exposure on Mango Aire, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
6. Sale listing conditions
When listing an item for sale on the Mango Aire platform or through our Services, you agree to comply with Mango Aire's listing policies and selling practices policy and that: You are responsible for the accuracy and content of the sale listing and item offered; you warrant that your product is eco-friendly and environmentally-sustainable, your sale listing may not be immediately searchable by keyword or category for several hours or days later. Mango Aire can't guarantee exact listing durations. In our sole discretion, your fixed-price sale listings may be renewed automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Content that violates any of Mango Aire's policies may be modified, obfuscated or deleted at Mango Aire's discretion; we may revise product data associated with sale listings to supplement, remove, or correct information,
We strive to create a marketplace where buyers find the eco-friendly and environmentally-sustainable products they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, seller ratings, Mango Aire policy compliance, feedback, and defect rate; and number of sale listings matching the buyer's query, and other factors in our sole discretion.
To drive a positive user experience, a sale listing may not appear in some search and browse results regardless of the sort order chosen by the buyer; some advanced sale listings may only be visible on certain Services; Mango Aire's sale listings policies may also affect whether your sale listing appears in search results; metatags, URL links or content that are included in a sale listing that would allow a buyer to directly contact a seller may be removed or altered; we may provide you with optional recommendations to consider when creating your sale listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.
7. Purchase conditions
When buying an item on the Mango Aire platform or through our Services, you agree to these rules and policies for buyers and that: you are responsible for reading the full sale listing before making a commitment to buy; you enter into a legally binding contract to purchase an item when you commit to buy such item, your offer for an item in a sale listing is accepted; except in certain limited circumstances to be determined in our sole discretion, we do not transfer legal ownership of items from the seller to the buyer; the United States Uniform Commercial Code applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
8. International buying and selling
The Mango Aire platform and many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. You may list your sale items directly on one or more of Mango Aire's sites. You may choose to list a sale item with an international shipping option (such as worldwide shipping); the exact appearance or foreign-language translation of your sale listings is not guaranteed. When you sell items internationally, you agree to be subject to all additional terms, conditions and regulations regarding such foreign jurisdiction. You may indicate within your sale listings your preferences on international shipping by including or excluding international shipping methods, and you may include or exclude certain countries to which you will or will not sell your items. You authorize us to use automated translation and other tools to translate your Mango Aire content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translations are not guaranteed.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Mango Aire, our assignees, our sublicensees, and their assignees in connection with our, those assignees,' and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Mango Aire takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including Mango Aire users). You may use that content solely in your Mango Aire sale listings. Mango Aire may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Mango Aire is not responsible for examining or warranting the sale listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate, and by listing such items for sale you expressly warrant that all your sale items are eco-friendly and environmentally-sustainable.
The name "Mango Aire" and other Mango Aire marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Mango Aire in the U.S. and other countries. They may not be used without the express written prior permission of Mango Aire.
10. Notice for claims of intellectual property violations and copyright infringement pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Mango Aire's rely on sellers' warranties to ensure that their listed sale items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please contact us at our address for legal notices listed near the end of this Agreement.
To protect Mango Aire against the risk of liability for your actions as a seller, Mango Aire may remove any sale listing, restrict access to a seller account, or restrict funds in a seller's account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of a buyer complaint against the seller.
12. Authorization to contact you; recording calls
13. Privacy of others; marketing
If Mango Aire provides you with information about another user whether buyer or sell, you agree that you will use such information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to any third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain our express written consent and also the consent of the specific user to do so.
14. Additional terms
Returns and cancellations
Returns and cancellations
With our express permission, sellers may create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Mango Aire will enforce our default rules for such return process. You agree to comply with our returns policy. When an item is returned, to refund payment to the buyer, you (as seller) authorize Mango Aire to take all necessary steps to ensure such refund. The cost of return shipping for an item that is not as described, or is found to be not eco-friendly or environmentally-sustainable, is the seller's responsibility. If a transaction is cancelled, to refund payment to the buyer, you (as seller) authorize Mango Aire to take all necessary steps to ensure such refund.
Certain sellers have opted their account into Mango Aire's managed payments service, where Mango Aire manages receipt of payments on behalf of sellers (such management described herein as "managed payments" or similar references). For items offered for sale on the Mango Aire platform or through our Services by sellers using managed payments accounts, such items may be paid for using certain payment methods that Mango Aire may in its sole discretion make available, and Mango Aire will manage settlement to sellers. The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which Mango Aire does not manage payments. Mango Aire may use certain third-party payment services or banking or financial-service providers to assist in providing such managed payments, including companies that process payments, perform risk assessments or compliance checks, verify identity and validate payment methods. By completing purchases from sellers who use managed payments, buyers authorize Mango Aire to initiate payments using the buyers' selected payment method and collect the transaction amounts on behalf of sellers. Buyers agree and understand that Mango Aire has been appointed as an agent of sellers who use managed payments for the limited purpose of accepting such payments on behalf of sellers. Accordingly, payments received by Mango Aire from buyers shall satisfy buyers' obligations to pay sellers in the amount of payments received.
If you are a buyer completing a purchase from a seller that is using managed payments: In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, high risk or potential violation of any Mango Aire term of use or policy, or a policy of one of Mango Aire's third party-payments services providers. Mango Aire or its affiliates may automatically save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on Mango Aire Services when you make a purchase, redeem a coupon, or make any other transaction on the Mango Aire platform or through our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on Mango Aire. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through your account preferences on Mango Aire. You are responsible for maintaining the accuracy of information we have on file, and you consent to Mango Aire updating such stored information from time to time based on information provided by you, your bank or other payment services providers. You agree that you will only provide to us information about payment methods that you are authorized to use. As a buyer you may seek returns or cancellations of purchases on the Mango Aire platform of through our Services, in the same manner as you do for transactions for which Mango Aire does not manage payments to sellers. You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Mango Aire has no control over, or responsibility or liability for, such fees or actions.
15. Disclaimer of warranties; limitation of liability
We try to keep the Mango Aire platform and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Price and order updates and other notification functionality in Mango Aire's applications may not occur in real time. Such functionality is subject to delays beyond Mango Aire's control.
You agree that you are making use of the Mango Aire platform and our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: the content you provide (directly or indirectly) using the Mango Aire platform and Services;your use of or your inability to use our Mango Aire platform and Services; pricing, shipping, format, or other guidance provided by Mango Aire; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Mango Aire platform and Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any Service; the content, actions, or inaction's of third parties, including items listed using our Mango Aire platform and Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account or breach of the provisions listed above regarding abusing Mango Aire; the duration or manner in which your listings appear in search results as set out in the listing conditions above; or your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amount up to the price which the item sold for on Mango Aire (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Mango Aire's platform or Services or your breach of any law or the rights of a third party.
18. Legal disputes
You and Mango Aire agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Mango Aire (including any claim or dispute between you and a third-party agent of Mango Aire) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Mango Aire platform or Services, the actions of Mango Aire or its agents, or any products or services sold or purchased through the Mango Aire platform or Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.
A. Applicable law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Virginia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Mango Aire, except as otherwise stated in this Agreement.
B. Agreement to arbitrate
You and Mango Aire each agree that any and all disputes or claims that have arisen, or may arise, between you and Mango Aire (including any disputes or claims between you and a third-party agent of Mango Aire) that relate in any way to or arise out of this or successive versions of the Agreement, your use of or access to the Mango Aire platform or Services, the actions of Mango Aire or its agents, or any products or services sold, offered, or purchased through the Mango Aire platform or Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
C. Prohibition of class and representative actions and non-individualized relief
You and Mango Aire agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding, unless both you and Mango Aire agree otherwise. The arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, class or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Mango Aire's right to appeal the court's decision. All other claims will be arbitrated.
D. Arbitration procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement in these sections regarding arbitration, or the interpretation of the section of this Agreement regarding arbitration ("Prohibition of class and representative actions and non-individualized relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement in these sections regarding arbitration. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement in these sections regarding arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice. The Notice to Mango Aire should be sent to Mango Aire LLC at our address for legal notices listed near the end of this Agreement. Mango Aire will send any Notice to you to the physical address we have on file associated with your Mango Aire account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Mango Aire are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Mango Aire may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Mango Aire at our address for legal notices listed near the end of this Agreement. In the event Mango Aire initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Mango Aire account. Any settlement offer made by you or Mango Aire shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the city in which you reside or at another location to be determined in the sole discretion of Mango Aire. If the value of the relief sought is $10,000 or less, you or Mango Aire may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Mango Aire subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Mango Aire may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Mango Aire user 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.
E. Costs of arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in the sections of this Agreement with regard to arbitration. If (1) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (2) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Mango Aire for all fees associated with the arbitration paid by Mango Aire in addition to the costs you would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in this Agreement regarding arbitration ("Prohibition of class and representative actions and ion-Individualized relief"), if an arbitrator or court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.
G. Future Amendments to this Agreement's sections regarding arbitration
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to the sections of this Agreement regarding arbitration (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Mango Aire prior to the effective date of such amendment. Such amendment shall apply to all other disputes or claims governed by the Agreement that have arisen or may arise between you and Mango Aire. We will notify you of amendments to this Agreement by posting the amended terms on www.MangoAire.com at least 30 days before the effective date of such amendments and/or by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by such amended terms.
H. Judicial forum for legal disputes
Unless you and we agree otherwise, in the event that the sections of this Agreement regarding arbitration are found not to apply to you or to a particular claim or dispute, either as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Mango Aire must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and Mango Aire agree to submit to the personal jurisdiction of the courts located in Virginia for the purpose of litigating all such claims or disputes.
Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Agreement, and in such event, we will post notice on www.MangoAire.com.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on www.Mango Aire.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of Mango Aire or our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through. This Agreement may not otherwise be amended except through mutual agreement by you and a Mango Aire representative who intends to amend this Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on the Mango Aire platform and through our Services may be changed from time to time. Changes take effect when we post them on the Mango Aire platform or inform you through our Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The Agreement and all terms and polices posted on the Mango Aire platform or available through our Services set forth the entire understanding and agreement between you and Mango Aire, and supersede all prior understandings and agreements of the parties.
The following sections survive any termination of this Agreement: Fees, Content, Disclaimer of warranties; Limitation of liability; Release, Indemnity, Legal disputes, and General.
20. Address for legal notices
For purposes of any legal notice, infringement claim, or service-related complaint, our address and contact information for notification is:
Mango Aire LLC
7400 Beaufont Springs Drive #300
Richmond, VA 23225 USA.
This User Agreement is effective upon acceptance for new users, and from February 1, 2020 for existing users.