Terms and Conditions

Thank you for choosing MESH01! We are excited to have you join our community!  These Terms and Conditions of Use (“Terms”) pertain to the MESH01 website found at www.mesh01.com (the “Site”) owned and operated by MESH01, LLC (“MESH01” and also referred to in these Terms as “we” or “our” or “us”). These Terms are important because they:

  • outline your legal rights when using the Site;
  • explain the rights you give to us when you use the Site;
  • describe the rules you need to follow when using the Site; and
  • contain a class action waiver.

If you register and/or continue to browse and use the Site you are agreeing to comply with and be bound by these Terms, which together with our Member Participation Agreement and Release (“Agreement and Release”), our Privacy Policy found at www.mesh01.com/privacy-policy/ (the “Privacy Policy”) and any other agreement you may enter into with MESH01 (other than agreements with any third parties) (collectively, the “Agreements”) govern MESH01’s relationship with you in relation to this Site.  Please read each of the Agreements carefully.

1. Introduction

MESH01 provides those who register on our Site the opportunity to provide product reviews, commentary, analysis and to test certain products, materials and/or equipment through the use of product testing and evaluations sponsored or conducted through the Site by a BRAND (each a “Project” and collectively, the “Projects”).  For the purposes of the Agreements, our clients are each referred to as a “BRAND” and collectively, as the “BRANDS”, and any product, material or equipment to be reviewed, analyzed, evaluated and/or tested in any Project is hereby referred to as a “Product” and collectively as the “Products”.  By registering or otherwise using the Site, including conducting, sponsoring or participating in a Project and using all other associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with the Site (collectively, the “Service”), you are entering into a binding contract with MESH01 upon the terms and conditions set forth in the Agreements.

The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, confidentiality and waivers of class actions. If you wish to review the terms of the Agreements, the current version of the Agreements can be found on the Site. Your use of any information or materials on the Site and use of the Service is entirely at your own risk, for which MESH01 shall not be liable. It shall be your own responsibility to ensure that the Service, any Products and any Projects available through the Site meet your specific requirements.  Any reliance you place on such information is therefore strictly at your own risk. By registering or otherwise using the Site or the Service, including participating in a Project, you acknowledge that you have read and understood the Agreements, accept the Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you must hit “Cancel’ on the Site registration page and may not use the Service or the Site, and may not participate in, sponsor or conduct any Projects.

In order to use the Site or the Service you must (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s written consent to each of the Agreements and each Project you wish to participate in, (2) fully able and competent and have the power to enter into the Agreements and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration and other Information (as defined below) that you provide to MESH01 or any BRAND (whether through the Site, the Service or otherwise) is true, accurate, and complete, and you agree to keep it that way at all times. If you are under 13 years of age, then please do not use the Site or the Service.

2. Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Site or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Site or the Service or participation in or conduct or sponsorship of any Project after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Site or the Service under the new version of the Agreements, you may terminate your account at any time by contacting us through the contact form which is available on the About page of the Site or by email at info@MESH01.com.

3. Using the Site

The Site and the Service are the property of MESH01. We grant you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Site and the Service (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or MESH01. You promise and agree that you are using the Site and Service for your own personal, non-commercial use and that you will not permit any others to use the Site or the Service with your registration information.

The Site and the Service are not sold or transferred to you, and MESH01 retains ownership of the Site and the Service even after installation on your computers, mobile handsets, tablets, servers, networks, cellular phones, wearable devices, speakers, hard drives, the cloud and/or other devices (“Devices”).

Any and all intellectual property rights associated with the Site and the Services, including all content, text, elements, graphics, icons, interfaces,  trademarks, service marks, trade names, logos, domain names, trade secrets and any other intellectual property or features of the MESH01 brand, the Site and/or the Service (collectively, the “MESH01 Intellectual Property”) are the sole property of MESH01. All trademarks, service marks, trade names, logos, domain names, trade secrets and any other intellectual property or features of any BRAND (collectively, the “BRAND Intellectual Property”) are the sole property of each such BRAND. All trademarks, service marks, trade names, logos, domain names, trade secrets and any other intellectual property or features of the owners of any Products (collectively, the “Owner Intellectual Property”) are the sole property of each such owner. The Agreements do not grant you any rights to use any MESH01 Intellectual Property, BRAND Intellectual Property and/or Owner Intellectual Property, whether for commercial or non-commercial use.

You agree to abide by the Agreements and not to use the Site, the Service, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, MESH01 grants no right, title, or interest to you in the Site or the Service.

4. Third Party Applications and Devices

The Site and the Service may be integrated with or may otherwise interact with or link to third party applications, websites, and services (“Third Party Applications”) and accessed through the use of your third party Devices (“Your Devices”). These Third Party Applications and Your  Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Your Devices maybe governed by and subject to such terms and conditions and privacy policies. You understand and agree that MESH01 does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Applications or Your Devices or for any transaction you may enter into with the provider of any such Third Party Applications or Your Devices, nor does MESH01 warrant the compatibility or continuing compatibility of the Third Party Applications or Your Devices with the Site or the Service. 

5. User-Generated Content

If permitted by the Site, you may post, upload, participate in blogs or discussion groups, send emails, provide a profile, comment or otherwise contribute content to the Site or through the Service by posting to the Site or participating in Projects conducted or sponsored by a BRAND or MESH01.  Such content may include for example, reports, data, feedback, comments, improvements, modifications, suggestions, ideas, information, intellectual property, photographs, recordings, your image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other details in connection with the Site, the Service or any Project (collectively the “Information”). For the avoidance of doubt, “Information” includes any such information posted to or through the Site, the Service or otherwise provided to MESH01 and/or any BRAND conducting or sponsoring a Project.

You promise that, with respect to any Information you post on or through the Site or the Service or as part of any Project, (1) you own or have the authority and right to post such Information, and (2) such Information, or its use by MESH01 or any BRAND as contemplated by the Agreements, does not violate the Agreements or any other rights or obligations under applicable law or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your Information by MESH01 or any BRAND.

MESH01 may, but has no obligation to, monitor, review, or edit Information. In all cases, MESH01 reserves the right to remove or disable access to any Information for any or no reason, including Information that, in MESH01’s sole discretion, violates the Agreements. MESH01 may take these actions without prior notification to you or any third party. Removal or disabling of access to Information shall be at our sole discretion, and we do not promise to remove or disable access to any specific Information.

You are solely responsible for all Information that you provide. MESH01 is not responsible for any Information nor does it endorse any opinion contained in any Information.

6. Rights You Grant Us and the BRANDS

In consideration for the rights granted to you under the Agreements, you grant us the right (A) to allow the Site or the Service to use the processor, bandwidth, and storage hardware on Your Devices in order to facilitate your Access to and use the Site or the Service, (B) to provide advertising and other information to you, and (C) to allow our business partners to do the same.

If you provide any Information to MESH01 or any BRAND, you acknowledge that the Information is not confidential and you authorize MESH01 and any such BRAND to use that Information without restriction and without payment to you.

To the extent that you do not assign to MESH01 or any BRAND any of the Information that you provide, you grant MESH01 and any BRAND for which you participate in a  Project, a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of the Information through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any Information and your right to object to derogatory treatment of such Information.

7. User Guidelines

MESH01 respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow. You must follow these rules when using the Site or the Service.

The following is not permitted for any reason whatsoever:

  1. copying, redistributing, reproducing, recording, transferring, displaying to the public, broadcasting, or making available to the public any part of any Project, Product or any Information you provide in connection with any Project, or otherwise making any use of the Site or the Service, which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of MESH01, any BRAND, the owner of any Product or any third party;
  2. using the Site or the Service to import or copy any content or files that you do not have the legal right to import or copy;
  3. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Site, the Service, any Products, or any part thereof;
  4. circumventing any technology used by MESH01, any BRAND, the owner of any Product or any third party to protect the Site, the Service or any Information;
  5. selling, renting, sublicensing or leasing of any part of the Site or the Service;
  6. circumventing any rules or restrictions of MESH01, any BRAND or the owner of any Product;
  7. removing or altering any copyright, trademark, or other intellectual property notices contained on the Site, the Service, any Product or provided through any Project (including for the purpose of disguising or changing any indications of the ownership or source of any Product);
  8. circumventing or blocking advertisements in the Site or the Service, or creating or distributing tools designed to block advertisements in the Site or the Service;
  9. providing your registration information, username and/or password for the Site or the Service to any other person or using any other person’s registration information, username and/or password for the Site or the Service;
  10. “crawling” the Site or the Service or otherwise using any automated means (including bots, deep-links, scrapers, and spiders) to view, access or collect information from the Site, the Service, MESH01, any BRAND and/or the owner of any Product;
  11. disguising the origin of any Information posted, contributed, provided or transmitted on or through the Site or the Service;
  12. posting, contributing, providing or transmitting any false or misleading Information on or through the Site or the Service.
  13. soliciting personal information from anyone under 18; or
  14. advertising, marketing or otherwise promoting Products by automated means or otherwise.

Please respect MESH01, the BRANDS, the owners of any Products, the Site and the Service. Don’t engage in any activity, post or otherwise provide any Information, or register and/or use a username, which is or includes material that:

  1. a reasonable person would consider offensive, libelous, defamatory, harassing, bullying, abusive, threatening, harmful, vulgar, profane, pornographic, sexually explicit, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  2. is illegal, plagiarized or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of MESH01, any BRAND, the owner of any Product, or other third party;
  3. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  4. includes malicious content such as malware, Trojan horses, or viruses, worms, time bombs, cancelbots, other similar harmful programming routines or otherwise interferes with any user’s access to the Site or the Service;
  5. constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
  6. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  7. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  8. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by MESH01 in writing;
  9. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by MESH01 (or any BRAND in connection with a Project) in writing;
  10. interferes with or in any way disrupts the Site, the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Site, the Service or MESH01’s computer systems, network, usage rules, or any of MESH01’s security components, authentication measures or any other protection measures applicable to the Site, the Service, the Information, any Project, or any part thereof; or
  11. conflicts with the Agreements, as determined in the sole discretion of MESH01.

You acknowledge and agree that posting or providing any Information that violates these user guidelines or the Agreements (or that MESH01 determines in its sole discretion violates these user guidelines or the Agreements) may result in immediate termination or suspension of your MESH01 account without notice. You also agree that MESH01 may reclaim your username for any or no reason.

Please be thoughtful about how you use the Site and the Service and what you share. The Site and the Service includes social and interactive features, including the ability to post Information, share Information, and make certain Information about you public. Remember that shared or publicly available Information may be used and re-shared by MESH01, the BRANDS or across the web, so please use the Site and the Service carefully. MESH01 has no responsibility for your choices to provide Information to MESH01 or any BRAND or to provide Information through the Site or the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Site. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

8. International Users

The Site and the Service is controlled and offered by Mesh01 from its facilities in the United States of America. MESH01 makes no representations that the Site or the Service is appropriate or available for use in other locations. Those who access or use the Site or the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

In addition, you waive any and all rights in any material, which you post, upload or otherwise send to MESH01, any BRAND or the Site, or in connection with the use of the Service, all of such waivers being in favor of MESH01.

9. Infringement and Reporting User Content

MESH01 respects the rights of intellectual property owners. If MESH01 is notified by an owner of intellectual property that any Information provided by you infringes any intellectual property rights, MESH01 may in its sole discretion remove such Information from the Site, or take other steps that MESH01 deems appropriate, without prior notification.

10. Service Limitations and Modifications

MESH01 will make reasonable efforts to keep the Site and the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. MESH01 reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site or the Service, with advance notice where reasonably practical, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Site or the Service or any function or feature thereof. This section will be enforced to the extent permissible by applicable law.

11. Customer Support

For customer support with Site or Service related questions (“Customer Support Queries”), please contact us through the contact form which is available on the About page of the Site or by email at info@MESH01.com. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

12. Export Control

The Site, the Service, the Information and some Products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are: (1) not located in any country that is subject to a United States government embargo or other economic sanctions; (2) not located in any country or that has been designated by the United States government as a “terrorist supporting” country; (3) not listed on any U.S. Government list of prohibited or restricted parties and (4) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including EAR, trade and economic sanctions maintained by OFAC, and ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of the Site, the Service, the Information or any Products to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

13. Term and Termination

Please note that either you or MESH01 may cancel your registration and ability to use the Site or the Service at any time for any reason with or without notice. If you or MESH01 cancel your registration and/or terminate your access to the Site or the Service, you agree that MESH01 shall have no liability or responsibility to you to the fullest extent permitted under applicable law. To learn how to terminate your MESH01 registration, please contact us through the contact form which is available on the About page of the Site or by email at info@MESH01com.

The sections of these Terms, as well as any other sections of the Agreements that, either explicitly or by their nature, are intended to remain in effect even after the cancelation of your registration and/or the termination of your access to the Site or the Service (including any and all rights, licenses and assignments granted by you under the terms and conditions of the Agreements), shall survive any such cancelation or termination. 

14. Warranty Disclaimer

YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. MESH01, ALL OWNERS OF THE PRODUCTS AND THE BRANDS CONDUCTING OR SPONSORING ANY PROJECT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MESH01 NOR ANY OWNER OF THE PRODUCTS NOR THE BRANDS CONDUCTING OR SPONSORING ANY PROJECT WARRANT THAT THE SITE OR THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, NEITHER MESH01, NOR ANY OWNERS OF THE PRODUCTS NOR THE BRANDS CONDUCTING OR SPONSORING ANY PROJECT MAKE ANY REPRESENTATION NOR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, THE ABILITY OF YOUR DEVICES TO ACCESS AND USE THE SITE OR THE SERVICE, ANY PRODUCT, OR ANY SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MESH01 IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MESH01 SHALL CREATE ANY WARRANTY ON BEHALF OF MESH01. WHILE USING THE SITE OR THE SERVICE, YOU MAY HAVE ACCESS TO CERTAIN FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING ACCESSIBLE AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR NON-WAIVABLE STATUTORY RIGHTS (IF ANY) AS A CONSUMER.

15. Limitation of Liability and Time for Filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE AND/OR THE SERVICE IS TO UNREGISTER FROM THE SITE AND TO STOP USING THE SITE AND THE SERVICE. YOU AGREE THAT MESH01 HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO MESH01, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL MESH01, ANY OWNERS OF THE PRODUCTS, THE BRANDS CONDUCTING OR SPONSORING ANY PROJECT, OR THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, INSURERS, DISTRIBUTORS, SUPPLIERS, SPONSORS, ADVERTISERS, REPRESENTATIVES, CONTRACTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE OR DATA (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, THE ABILITY OF YOUR DEVICES TO ACCESS THE SITE OR THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ANY OF SUCH PARTIES HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Third Party Rights

You acknowledge and agree that all owners of the Products and the BRANDS conducting or sponsoring any Project are intended third-party beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and MESH01, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

17. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and MESH01, the Agreements constitute all the terms and conditions agreed upon between you and MESH01 and supersede any prior agreements in relation to the subject matter of the Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Site or the Service may be governed by additional agreements. That could include, for example, additional agreements, addendums or covenants required by a BRAND in connection with any Project. When you are presented with an opportunity to participate in a Project and are presented with any related additional agreement, addendum or covenant required by the BRAND conducting or sponsoring such Project, your participation in such Project will be conditioned upon your agreement to such additional terms.  Please note that if you do not agree to such additional terms, you may not be permitted to participate in the Project.

18. Severability, Waiver and Interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of such invalid or unenforceable provision shall be enforced to the extent permitted by law.

Any failure by MESH01 or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive MESH01’s or the applicable third-party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

19. Assignment

MESH01 may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and MESH01 may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any person or third party.

20. Indemnification

You agree to indemnify, defend and hold harmless MESH01, any owners of the Products, the BRANDS conducting or sponsoring any Project, and their respective managers, members, directors, officers, shareholders, employees, agents, insurers, distributors, suppliers, sponsors, advertisers, representatives, contractors, agents, subsidiaries, affiliates, successors, licensors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising out of or related to: (1) your breach of the Agreements or any of them; (2) any Information you provide to MESH01 or any Brand, post to the Site or otherwise provide or contribute in connection with the Service or any Project; (3) any activity in which you engage on or through the Site, the Service or any Project; and (4) your violation of any law or the rights of any BRAND, the owner of any Product, or other third party. The obligations in this section will survive these Terms and your use of the Site and/or the Service.

21. Choice of Law and Venue; Class Action Waiver

21.1 Governing Law/Venue

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New Hampshire, United States of America, without regard to choice or conflicts of law principles. Further, you hereby submit to the exclusive jurisdiction of the courts of the state of New Hampshire to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).

21.2 No Class or Representative Proceedings: Class Action Waiver

YOU AND MESH01 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and MESH01 agree in writing, no court may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

22. Copyright Notification

The Site and its content is Copyright, MESH01, LLC. All rights reserved. You may not, except with MESH01’s express written permission, distribute or commercially exploit any of the content of the Site. Nor may you reproduce, transmit or store any of such content in any other website or other form of electronic retrieval system.

23. Contact Us

If you have any questions concerning the Site, the Service or the Agreements, please contact us through the contact form which is available on the About page of the Site or by email at info@MESH01.com.

If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to MESH01, LLC, Attn: Customer Service, Regeneration Park, 3612 Lafayette Road, Department 6, Portsmouth, New Hampshire 03801, USA with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Site or the Service or to receive further information regarding use of the Site or the Service.

24. Updates to Terms and Conditions

Terms and Conditions updated December 3, 2020

Thank you for reading our Terms. We hope you enjoy your MESH01 experience!

Contracting entity:
MESH01, LLC
Regeneration Park
3612 Lafayette Road, Department 6
Portsmouth, NH  03801 USA