Terms of Service

These Terms of Service ("Terms") govern your use of Mint Home Technologies Inc.’s (the “Company”, “we”, “us”, or “our”) website (the "Site") and the services and products offered through the Site. By accessing or using the Site, whether through a computer, mobile device, or other application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.

1. Acceptance of Terms

By accessing or using the Site, you agree to be bound by these Terms, as well as any additional terms and conditions that apply to specific features, services, or products offered through the Site.

We may provide additional or different terms and conditions as it relates to some of the services we provide to you. These Terms do not change the terms and conditions of any other written agreement you may have with the Company. If there is a conflict between these Terms and any other written agreement you have with the Company, the other written agreement will take precedence.

2. Consent to Be Contacted

By submitting information to the Site, you consent to be contacted by phone, text, or email by the Company.

3. Restrictions

While using our website, you will not violate any contract, intellectual property right, applicable law, and you are solely responsible for your conduct.

You agree not to engage in the following prohibited conduct while using the Site:

• Age Requirement: If you are under the age of 18, you may not use the Site.

• Unacceptable Behavior: You may not engage in conduct that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar, or sexually explicit. Additionally, you may not post content that is false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringes upon another’s intellectual property rights, contains trade secrets or other confidential information, or is otherwise offensive or objectionable.

• Commercial Use: You may not sell, resell, or commercially use our Site, including copying, reproducing, or distributing any content from the Site, without our written permission.

• Data Gathering: You may not gather source code data or any other proprietary information and data from our Site.

• Posting Personal Information: You may not post your name, email address(es), telephone number(s), URL(s), or any other confidential or personally identifiable information about yourself or any other person on the Site.

• Posting Harmful Links: You may not post links to sites or files that contain viruses, spyware, malware, or other harmful content.

• Interference: You may not attempt to interfere with or disrupt the Site or any person’s ability to use the Site.

• Review Exchange: You may not create and upload reviews or comments in exchange for monetary compensation or other incentives.

• Illegal Activities: You may not use the Site in any way or for any purpose that is illegal or promotes any activity that violates these Terms.

By using the Site, you agree to abide by these prohibitions. Failure to comply with these terms may result in the termination of your access to the Site and may subject you to legal consequences.

4. Ownership

The Site and its content are owned by the Company or our licensors and are protected under United States and foreign laws. Subject to your compliance with these Terms, we hereby grant you a limited, personal, revocable, nonexclusive, nontransferable, revocable license to access and use our Site for your own personal, noncommercial use. You agree that we own all rights, title, and interests in and to the Site. This ownership extends to all text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site Any use of our Site without our prior written consent, other than as specifically authorized herein, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

5. Feedback

If you submit comments, suggestions, ratings, or other feedback regarding the Site (“Feedback”), you grant to us a non-exclusive, perpetual, unrestricted, irrevocable, royalty-free, worldwide, sub-licensable and transferable cost free right and license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials, and that such Feedback does not violate any law or the rights of any third-party. We shall be free to use such Feedback for any purpose and without restriction, compensation, attribution, or obligation to you.

6. Trademarks

You acknowledge and agree that our name and logo are our trademarks. You are not authorized to use any of our trademarks, whether registered or unregistered, without our prior written consent. Ownership of all such trademarks and the goodwill associated therewith remains with us. All other trademarks, product names, and company names mentioned on the Site are the property of their respective owners. Reference to any products, services, by trade name, trademark, manufacturer, supplier does not imply recommendation or sponsorship by us.

7. Third Party Content

The Site may include content, links, or services provided by third parties. Third-Party Content is provided for your convenience and informational purposes only. We do not control or endorse any Third-Party Content and are not responsible for its accuracy, completeness, or legality. Your use of Third-Party Content is at your own risk. We make no representations or warranties regarding Third-Party Content, and we disclaim all liability for any loss, damage, or harm resulting from your reliance on or use of Third-Party Content.

8. Disclaimer of Representations and Warranties

The information, content, and materials on the Site are provided "as is" and "as available" without any representations or warranties of any kind, express or implied. The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or suitability of the information, content, or materials provided on the Site for any purpose. You acknowledge that such information, content, and materials may contain inaccuracies or errors and the Company expressly disclaims any liability for such inaccuracies or errors to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to your use of the Site or any violation of these Terms of Service. Your indemnification obligations under these Terms of Service shall include, but are not limited to, any claims, actions, demands, or proceedings brought by third parties arising out of or related to: (a) your use of the Site; (b) any content, information, or materials you submit, post, or transmit through the Site; (c) your violation of these Terms of Service; (d) your violation of any rights of another person or entity; or (e) any breach of any representation, warranty, or covenant made by you in these Terms of Service. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Company in asserting any available defenses. You agree not to settle any matter without the prior written consent of the Company. You agree to promptly notify the Company of any claims, actions, demands, or proceedings brought by third parties against you that are subject to indemnification under these Terms of Service and to provide reasonable cooperation to the Company in the defense or settlement of such claims, actions, demands, or proceedings. This indemnity is in addition to, and not in lieu of, any other indemnities in any written agreements between you and the Company.

10. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Site or any products, services, information, or content provided on or through the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.

Without limiting anything else contained herein, the aggregate liability of the Company to you in connection with the Site and these Terms will be limited to the amount, if any, paid by you to the Company in the six (6) months prior to the act that gave rise to the liability.

Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers, exclusions, or limitations may not apply to you to the extent prohibited by applicable law.

10. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Site or any products, services, information, or content provided on or through the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.

Without limiting anything else contained herein, the aggregate liability of the Company to you in connection with the Site and these Terms will be limited to the amount, if any, paid by you to the Company in the six (6) months prior to the act that gave rise to the liability.

Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers, exclusions, or limitations may not apply to you to the extent prohibited by applicable law.

11. Arbitration Agreement and Choice of Law

Any dispute, controversy, or claim arising out of or relating to your use of the Site or services provided by the Company, including but not limited to any breach of these Terms of Service, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in San Diego, California, unless otherwise agreed by the parties.

Choice of Law. These Terms of Service shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions.

No Class Actions. You agree that any arbitration proceeding shall be conducted solely on an individual basis and not as a class, consolidated, or representative action. You hereby waive any right to participate in any class action or representative action against the Company.

Exceptions to Arbitration. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

Costs of Arbitration. Each party shall bear its own costs and expenses, including attorneys’ fees, associated with any arbitration proceeding.

Enforceability. If any provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Opt-Out. You have the right to opt-out of this arbitration agreement by providing written notice to the Company within thirty (30) days of accepting these Terms of Service. If you opt-out, neither party shall have the right to arbitrate any dispute arising out of or relating to your use of the Site or the Services provided by the Company, and such dispute shall be resolved exclusively by a court of competent jurisdiction located in San Diego, California.

By using the Site, you acknowledge and agree to the terms of the arbitration agreement and choice of law provisions set forth above. If you do not agree to these terms, you may not access or use the Site.

12. Changes to Terms, Severability

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site. If any provision or part of a provision of these Terms is unlawful, void or otherwise unenforceable, that provision is severable from the Terms and does not impact the enforceability of any remaining provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at legal@minthome.com. For information about how we collect, use, share, and process information about you, please see our Privacy Policy.

By using our Site and services, you agree to these Terms of Service.