Terms of Service
Last updated January 31st, 2022
Please read these terms of service (“Terms”) carefully. These Terms are between you and North Loop Technologies Inc. dba mesha (“mesha,” “we,” “us,” or “our”) concerning your use of mesha’s site, currently located atwww.mesha.club (the “Site”) which acts as a front-end to the mesha protocol available on one or more blockchains. These Terms apply to you (“you,” or “User”) as a user of the Site and mesha front-end, including all the products, services, tools and information made available on the Site.
By using the Site, you agree to these Terms.Certain features on the site may be offered while still in “beta” form (“Beta Services”). By accepting these Terms or using the Beta Services, You understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
NONE OF THE INFORMATION, SERVICES OR MATERIALS OFFERED ON OUR SITE CONSTITUTE, AND ARE NOT INTENDED TO CONSTITUTE, LEGAL, FINANCIAL, TAX, INVESTMENT OR OTHER ADVICE, AND YOU SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY INFORMATION, SERVICES OR MATERIALS PROVIDED ON THIS SITE. ALL CONTENT ON OUR SITE IS INFORMATION OF A GENERAL NATURE AND DOES NOT ADDRESS THE UNIQUE CIRCUMSTANCES OF ANY PARTICULAR USER. YOU ARE STRONGLY URGED TO CONSULT WITH YOUR OWN LEGAL, FINANCIAL, TAX, INVESTMENT AND OTHER ADVISORS AS TO ALL LEGAL, FINANCIAL, TAX AND INVESTMENT-RELATED QUESTIONS YOU HAVE.
You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that as a User, you have the legal authority to bind the company or other legal entity on which behalf you are acting to these Terms, you are at least 18 years old or the age of majority where you reside, whichever is older, you can form a legally binding contract online, and you have the full, right, power and authority to enter into and to comply with the obligations under these Terms on your own behalf, or on behalf of the company or other legal entity on which behalf you are acting.
You are advised to revisit these Terms periodically to familiarize yourself with any changes to the Terms. mesha, in its sole and absolute discretion, reserves the right to make changes to these Terms. Any such changes are binding on Users of the Site and will take effect immediately upon posting to the Site. As a User, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.
mesha is not a registered broker-dealer, funding portal, investment manager, investment advisor, or any other type of investment company and does not conduct any activity that would require registration as such. mesha does not provide investment advice, does not perform any broker-dealer activities, and is not engaged in investment management. Further, mesha does not provide legal, tax, or professional advice.
Mesha provides access to a decentralized finance application (“Application”) on one or more blockchains that allows individuals to pool assets (“Cryptocurrency Assets”) and transact using smart contracts (“Smart Contracts”). These pooled Cryptocurrency Assets are created and managed by specific Users (“Managers”).
Using the mesha protocol may require that you pay a fee, such as gas charges on the blockchain network, to perform a transaction. You acknowledge and agree that mesha has no control over any transactions among Users over mesha’s protocol, the method of payment of any such transactions or any actual payments of such transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address (“Cryptocurrency Wallet”) to complete any such transaction on the mesha protocol or the blockchain network before initiating such transaction.
USER AND MANAGER OBLIGATIONS FOR US RESIDENTSWe do not make any representations or warranties that your use of the Site will satisfy or ensure compliance with any legal obligations or applicable laws, rules, or regulations. For example, you may be able to use the Site to, among other things, communicate and accept investments from individuals. Such activities can be highly regulated, and while the Site may enable you to carry out such activities, you are solely responsible for ensuring compliance with all applicable laws and regulations including, without limitation, investment management, investment advisor, and Securities and Exchange Commission regulations and registration requirements.
You acknowledge and agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws, rules or regulations (including without limitation the Securities Act of 1933 (“Securities Act”), the Securities and Exchange Act of 1934, the Investment Company Act of 1940 (“Investment Company Act”), the Investment Advisers Act of 1940 (“Advisers Act”) (each as amended), any applicable “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, and any securities exchange or self-regulatory organization’s rules or regulations).
You are responsible for your authorized users’ compliance with these Terms.
DUE TO THE NATURE OF A MANAGER’S ACTIVITIES ON THE SITE, IT IS POSSIBLE THAT MANAGERS WILL NEED TO COMPLY WITH THE INVESTMENT ADVISERS ACT OF 1940 (“ADVISERS ACT”). IT IS THE OBLIGATION OF THE MANAGER TO MAKE THIS DETERMINATION ON ITS OWN AND TAKE APPROPRIATE ACTIONS TO COMPLY WITH THE ADVISERS ACT IF AND AS NECESSARY.
THE CREATION OF A POOL OF CRYPTOCURRENCY ASSETS MAY SUBJECT THE MANAGER AND THE POOL TO REGISTRATION REQUIREMENTS UNDER THE SECURITIES ACT OF 1933 (“SECURITIES ACT”) AND THE INVESTMENT COMPANY ACT OF 1940 (“INVESTMENT COMPANY ACT”) . IT IS THE OBLIGATION OF THE MANAGER TO MAKE THIS DETERMINATION ON ITS OWN AND TAKE APPROPRIATE ACTIONS TO COMPLY WITH THE SECURITIES ACT AND INVESTMENT COMPANY ACT IF AND AS NECESSARY.
Access to the SiteAccess to the Site is provided “AS IS” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.
We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole and absolute discretion.
We may remove or amend the content of the Site at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the Site.
As a condition to accessing or using the Site, you:
- will only use the Site in accordance with these Terms;
- will ensure that all information that you provide on the Site is current, complete, and accurate;
- will ensure compliance with all U.S. securities laws (if a US tax resident); and
- will maintain the security and confidentiality of access to your Cryptocurrency Wallet address.
- Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended;
- Export, reexport, or transfer, directly or indirectly, any mesha technology in violation of applicable export laws or regulations;
- Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;
- Make commercial use of the Site or any of its content without our express written permission;
- Misrepresent the truthfulness, sourcing or reliability of any content on the Site;
- Use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (known as ‘phishing’);
- Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or the mesha protocol, or that could damage, disable, overburden, or impair the functioning of the Site or the mesha protocol in any manner;
- Attempt to circumvent any content filtering techniques or security measures that mesha employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract data;
- Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;
- Post content or communications on the Site that are, in our sole and absolute discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- Post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Site; or
- Encourage or induce any third party to engage in any of the activities prohibited under these Terms.
- That any Smart Contracts you interact with are entirely your own responsibility and liability, and that mesha is not party to the Smart Contracts;
- At any time, your access to your Cryptocurrency Assets may be suspended or terminated or there may be a delay in your access or use of your Cryptocurrency Assets which may result in the Cryptocurrency Assets diminishing in value or you being unable to complete a Smart Contract; and
- The Site and/or application may be suspended or terminated for any or no reason, which may limit your access to your Cryptocurrency Assets.
- You assume all risks in connection with your access and use of the Site, the Application and the Smart Contracts; and
- You expressly release mesha, our directors, officers, employees, and agents from, and hold them harmless from and against, any and all liability, claims, causes of action, losses, expenses, or damages (whether arising in law or equity, including but not limited to special, consequential, indirect, punitive and exemplary damages, and including but not limited to economic loss, business disruption, and/or attorney’s fees) arising from or in any way related to the Site, the Application and/or the Smart Contracts. You expressly waive all such claims against the Releasees.
Termination of UseYou agree that we may, at our sole and absolute discretion, suspend, disable or terminate your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to all or part of the Site and relationship with us, and may be referred to appropriate law enforcement authorities. Upon suspension, disabling or termination, your right to use the Site will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
OFAC ComplianceThe U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you use the Site, you expressly represent that you are not located in a Sanctioned Country and are not listed as an SDN. If mesha determines that the Site is being used by prohibited persons, it will take any and all actions to terminate that User’s access to the Site.
Third Party LinksThe Site may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
Intellectual Property RightsWe are the owner of all intellectual property rights in the Site and the material published on them. These works are protected by copyright laws and all such rights are reserved. mesha.club is the uniform resource locator (“URL”) of mesha. You will not make use of this URL on any other website or digital platform without our prior written consent. You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorized use or reproduction may be prosecuted.
You will retain ownership of all copyright in data you upload or submit to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.
Disclaimers; Limitation of LiabilityYOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF SERVICE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER MESHA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, THIRD-PARTY PROVIDERS, DISTRIBUTORS, LICENSEES, LICENSORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED, BUG-FREE OR ERROR-FREE, AND NONE OF THE COMPANY PARTIES WARRANT THAT SMART CONTRACTS ARE MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, AND/OR RECOGNIZED BY ANY PARTICULAR JURISDICTION(S).
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES, LOSSES AND/OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT AND/OR TORT (INCLUDING NEGLIGENCE). THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SITE AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THAT A COURT AND/OR ARBITRATOR(S) OF COMPETENT JURISDICTION HOLDS THAT ANY COMPANY PARTY IS LIABLE TO YOU (FOR EXAMPLE AND WITHOUT LIMITATION, BECAUSE ANY RELEASE OR WAIVER HEREUNDER IS FOUND TO BE VOID OR OTHERWISE UNENFORCEABLE, OR BECAUSE ANY CLAIMS ARE FOUND TO BE OUTSIDE THE SCOPE OF ANY SUCH RELEASE OR WAIVER), UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN THE AMOUNT YOU HAVE PAID MESHA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, WHETHER SUCH LIABILITY IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.
Certain content and materials available on the Site are for informational purposes only and are not intended to address your particular requirements.In particular, the content and materials available on the Site do not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and are not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from your own financial advisors and legal counsel before making any such decision.
Nothing included in the Site constitutes an offer or solicitation to sell, or distribution of, investments and related services by mesha to anyone in any jurisdiction.
You may only participate with Smart Contracts on the Site by linking your Cryptocurrency Wallet on supported bridge extensions such as MetaMask (https://metamask.io/) or using a Cryptocurrency Wallet provided by mesha’s third party Cryptocurrency Wallet partner. MetaMask is an electronic wallet that allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Before putting your Cryptocurrency Asset into a Smart Contract, you will be required to download a supported electronic wallet extension and connect and unlock your Cryptocurrency Wallet with that extension.
IndemnificationYou agree to defend, indemnify and hold harmless mesha, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or the failure to fulfill any obligations relating to the use of the Site incurred by you or any other person or entity using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us, including, without limitation, disclosure of documents and providing testimony.
ArbitrationInformal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim arising under or related to your account, the mesha protocol or Application, the Site, these Terms, or any other transaction involving you and mesha, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you and mesha agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. You should send your notice to firstname.lastname@example.org. mesha will send its notice to you by email to the email address provided by you in connection with your use of the Site.
Binding Arbitration. If you and mesha are unable to resolve a Dispute through informal negotiations, either you or mesha may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by confidential binding arbitration, and not in a class, representative or consolidated action or proceeding. In such event, these Terms memorialize a transaction in interstate commerce; (i) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section; and (ii) this Section shall survive termination of these Terms.
Any election to arbitrate by one party shall be final and binding on the other, and your grounds for appeal are limited. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted, at the option of the claimant, either in person or by video conference. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed 30 days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and mesha may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize travel and expense burdens. Subject to the terms and conditions of these Terms, the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.
Restrictions/No Class Actions. You and the Company agree that any claim brought in connection with a Dispute, whether resolved through arbitration or not, will be brought between mesha and you individually, and that you may not assert any such claim against mesha as plaintiff or class member in any purported class or representative proceeding. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute between you and mesha is to be arbitrated on a class-action basis or will utilize class action procedures; and (3) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other Users of the Site or any other persons. If this specific provision is determined to be unenforceable, then the entirety of this Arbitration section will be null and void.
Exceptions to Informal Negotiations and Arbitration. You and mesha agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or mesha’s intellectual property rights; and (2) any claim for injunctive relief.
Effect of Changes on Arbitration. Notwithstanding the provisions of these Terms, if mesha changes any of the terms of this Arbitration section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by electronic mail to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of mesha’s email to you notifying you of such change (whichever is earlier). By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and mesha in accordance with the terms of this Arbitration section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
Governing LawThese Terms and all aspects of your use of the Site shall be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in Delaware (i.e., without regard to conflict of law’s provisions) regardless of your location except that the Arbitration section above shall be governed by the Federal Arbitration Act. For the purpose of any judicial proceeding to enforce an arbitration award or incidental to such arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, you hereby submit to the non-exclusive jurisdiction of the state and Federal courts sitting in San Francisco, California, and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon a party if sent by certified, express or registered mail addressed to it at the address set forth in the books and records of mesha, or if no such address has been provided, by email to the email address provided by the relevant party to mesha in connection with its use of the Site. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and Federal courts located in San Francisco, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and Federal courts located in San Francisco, California. To the extent non-U.S. laws mandate a different approach with respect to governing law, venue, statute of limitation, and dispute resolution method with respect to certain non-U.S. persons, each such required standard shall be applied, but all other provisions under this section shall remain in full force.
GeneralIf any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
mesha shall not be liable for any unforeseeable event beyond its reasonable control not caused by its fault or negligence (each, a “force majeure event”), which causes mesha to be unable to perform its obligations under these Terms, and which it has been unable to overcome by the exercise of its due diligence, provided that mesha shall use reasonable efforts to avoid or remove such causes of nonperformance, shall suspend performance only for such period of time as is necessary as a result of such force majeure event and shall resume performance as quickly as reasonably possible.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.
These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Site, mesha and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.