Last Updated: June 3, 2020

Welcome to https://meenta.io (together with any of our proprietary software and mobile applications, the “Site”), an online platform connecting users (“Meenta Users”) with clinical and academic laboratories, core research facilities and other institutions approved by Meenta (“Hosts”).  After being matched with Meenta Users through the Site, Hosts provide (i) next generation sequencing and related genomics services (“Genomics Services”) using sequencing instruments and other similar equipment (“Sequencing Equipment”) or (ii) laboratory testing services (“Testing Services” and, together with the Genomics Services, the “Services”), and deliver to Meenta Users the information, data, documentation, reports, results and other products of the applicable Services (the “Results”).

THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MEENTA, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY.  PLEASE READ THESE TERMS CAREFULLY.

MEENTA IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR HEALTHCARE ADVICE OR SERVICES VIA THE SITE. THE SITE IS NOT DESIGNED TO PROVIDE MEDICAL ADVICE OR FACILITATE MEDICAL EMERGENCIES.  ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.  IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.  DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE SITE OR SERVICE FOR IMMEDIATE, URGENT MEDICAL NEEDS.

You, the Meenta User who accesses, uses or registers as a member of this Site (a “User”), hereby agree to be bound by these Meenta User Terms of Use (“Terms of Use”).  You, the individual person who is registering the User with this Site (the “Registering User”), by clicking on a check box indicating your and the User’s agreement to these Terms of Use (or otherwise affirmatively continuing the registering process), represent and warrant that you, the Registering User, have authority to agree to these terms on behalf of the User you are registering.  By accessing or using the Site or by registering as a User with this Site, you, the User, and each of your authorized users who register as an authorized user of the User with this Site (each a “Registered User”), signify that you have read and understand these Terms of Use and that you (both the User and its authorized users) agree to be bound by these Terms of Use.  References in these Terms of Use to “you” or “your” refer to the User, except where the text expressly indicates it refers to the User’s Registering User or Registered Users.

This Site is owned and operated by Meenta (sometimes also referred to herein as “we” or “us”).  In these Terms of Use, “User” refers to you (the Meenta User who has registered with this Site) and references to “Users” refers to all Meenta Users (including you) who have accessed, used or registered with this Site.

The Meenta User Genomics Supplemental Terms (“Genomics Supplemental Terms”) applicable to your requests for and use of Genomics Services and the Meenta User Laboratory Testing Supplemental Terms (“Laboratory Testing Supplemental Terms” and, together with the Genomics Supplemental Terms, the “Supplemental Terms”) applicable to your requests for and use of Testing Services are incorporated by reference into these Terms of Use. You acknowledge and agree that your use of this Site is governed by (i) these Terms of Use and (ii) the Genomics Supplemental Terms (to the extent you request Genomics Services) or the Laboratory Testing Supplemental Terms (to the extent you request Testing Services).  References herein to “these Terms of Use” shall be deemed to include the relevant Supplemental Terms, unless expressly provided otherwise.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.  If we do this, we will post the changes to these Terms of Use on this page, send you an email notifying you that our Terms of Use have changed at the email address you provide when registering or applying for registration (or which you later update using the functionality of the Site), and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

1.  Eligibility and User Registration

The Site and the Services are intended solely for persons who are 18 or older.  Any access to or use of the Site or requests for Services by anyone under 18 is expressly prohibited.  By accessing or using the Site or requesting Services, you represent and warrant that you are 18 or older. For purposes of clarity, for Users requesting Testing Services, this paragraph does not restrict the collection of specimens from minors who are employed by a User, provided that a parent or guardian executes an Informed Consent and an Authorization Form (each as defined in the Laboratory Testing Supplemental Terms) on the minor’s behalf.

During the initial registration process of the User, the Registering User of the User will become the initial “administrator” for the User’s Meenta account (“Meenta Account”).  Your administrator will be able to authorize additional individuals from your organization as your Registered Users of this Site (each with his or her individual login and password).  The administrator may subsequently designate another Registered User as administrator using the functionality of the Site.  Registered Users’ use of this Site, including requests for Genomics Services made by submitting a Genomics Order (as defined in the Genomics Supplemental Terms) or requests for Testing Services by submitting a Testing Order (as defined in the Laboratory Testing Supplemental Terms), shall be deemed to be the actions of the applicable User, and Registered Users use this Site subject to these Terms of Use.  Each Registered User is responsible for safeguarding his or her password and agrees not to disclose his or her password to any third party.  Unless expressly authorized by Meenta, you are not permitted to share your Meenta Account with anyone or allow others to access or use your Meenta Account (other than your Registered Users).

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  You may not have more than one active Meenta Account and we reserve the right to suspend or terminate your Meenta Account and your access to the Site if you create more than one account.

2.  Payment Terms

All fees payable hereunder (including under the Supplemental Terms) are exclusive of any applicable sales, use, and other taxes, and you agree to pay (or reimburse us, as the case may be) any taxes due in connection with these Terms of Use, other than taxes on our income or the Host’s income. Unless we separately agree with you to receive payment by another means, you will provide us (or our designated third-party payment provider) with accurate and valid credit card or other payment information and update your credit card or other payment information in the event any information provided becomes invalid or incomplete. If any charge is rejected by our bank or payment providers, you are still liable to pay the fees.

All payments shall be made in U.S. Dollars.  In addition to any other remedies available to us hereunder, if you fail to pay any undisputed amounts within thirty (30) days after payment is due, then you shall pay us a late payment charge equal to 1.25% per month (or the highest rate permitted by law, if lower).

3.  Communication Tool

Once (a) you have submitted a Testing Order or (b) we have notified you of an Accepted Genomics Order (as defined in the Genomics Supplemental Terms), you (and your Registered Users) may correspond with the Host performing the Services described in such Order using the Site’s messaging tool (the “Communication Tool”).  You agree to use the Communication Tool with the Host solely to inquire about or otherwise discuss the Specimens (or, if the Host is performing Genomics Services, any other biological, chemical or other materials and related documentation and information specified in an applicable Accepted Genomics Order (collectively, the “Materials”), including the Protocols, as defined in the Genomics Supplemental Terms), the Results and/or the Host’s performance of the Services (including any related Sequencing Equipment and Genomics Service Specifications, as defined in the Genomics Supplemental Terms).  You acknowledge and agree that you may not use the Communication Tool to request additional services not described in the applicable Order or to engage in discussions other than in accordance with the preceding sentence.  You agree not to modify or amend, or purport to modify or amend, any of the terms in these Terms of Use in any communications with a Host, including using the Communication Tool.  Meenta reserves the right to review any messages you send or receive via the Communication Tool, including to enforce the restrictions set forth in this paragraph. As used herein, “Order” means a Genomics Order, an Accepted Genomics Order or a Testing Order. “Specimens” has the meaning given to such term in the Genomics Supplemental Terms or Laboratory Testing Supplemental Terms, as applicable.

4.  Handling, Storage and Disposal of Specimens

Each Host agrees to comply with all applicable laboratory, regulatory, and health and safety guidelines and regulations (and, if the Host is performing Genomics Services performed, all Protocols) governing: (a) the handling, storage and use of Specimens, until such times as the Services have been completed; and (b) disposal of any excess Specimens upon completion of the Services.  You should contact us immediately if you decide for any reason that Specimens or other Materials delivered to the Host should be returned to you.  Notwithstanding anything to the contrary herein, you acknowledge and agree that Meenta cannot guarantee the return of any Specimens or other Materials that you have already delivered to the Host.  If you request the return of Specimens or other Materials, you will be obligated to pay for shipping and bear the risk of loss upon delivery by the Host to a common carrier.  Further, we reserve the right to charge you in full for the Services ordered for any returned Specimens or other Materials should the Host have commenced the ordered Services or incurred expenses in connection therewith (even if such Services were not completed).

5.  Services Warranty

Meenta makes no representation, warranty or endorsement regarding any Host; no agency, partnership, joint venture or other form of joint enterprise or employment relationship exists between Meenta and any Host. By using the Services, you agree that your sole remedy for any damage or harm resulting from any acts or omissions of a Host will be limited to claims against such Host, and that you will not seek monetary damages or any other remedy from Meenta in connection with such events.

Each Host warrants that (i) the Services will be performed by qualified personnel and (ii) Genomics Services will be performed in accordance with the applicable Genomics Service Specifications (the “Services Warranty”).  Our sole obligation with respect to a breach of the Services Warranty by the Host, and your sole remedy, shall be: (a) for Meenta to have the Host (or, in Meenta’s sole discretion, an alternate Host) re-perform the non-conforming Services so that they conform to the Services Warranty at no additional charge; or (b) if, using commercially reasonable efforts, the Host is unable to re-perform and Meenta is unable to find an alternate Host to re-perform the non-conforming Services, to receive a refund for any fees actually paid for the non-conforming Services.

You acknowledge that you are solely responsible for all aspects of the experimental design in connection with any Genomics Services you request, including the Genomics Service Specifications (as defined below) (the “Experimental Design”).  Without limiting the Host’s Services Warranty set forth above, neither Meenta nor the Host shall be responsible for any unexpected Results or adverse impact on the Results arising from or otherwise related to the Experimental Design.

6.  Meenta’s Role and Obligations

We make available an online platform connecting Meenta Users with clinical and academic laboratories, core research facilities and other institutions.  We do not perform Genomics Services or Testing Services and we do not own or operate Sequencing Equipment.

If for any reason a Host informs us or we determine in our sole discretion that a Host cannot perform the Services described in an Order, then we may select an alternate Host to perform such services.  In the event we select an alternate Host to perform the Services, we will promptly notify you and arrange for you or the previous Host, as applicable, to deliver the Specimens (and other Materials, if applicable) to the alternate Host.

7.  Commitment to Exclusively Use the Site

Following your registration as a member of the Site until six (6) months after termination of your Meenta Account (as described below), you agree not to engage any Host that is then listed on this Site to perform Services outside of the Site.  The restrictions set forth in this paragraph shall not apply to a Host if: (a) you and such Host are part of the same laboratory, university, research facility or other similar organization; or (b) such Host performed sequencing services on your behalf at least once during the six (6) months preceding your registration as a member of the Site.

You acknowledge that we will contact the Host on your behalf after you submit an Order, and you agree not to engage the Host prior to acceptance of your Order or to otherwise circumvent the functionality of the Services.  All communications with Hosts related to the Services must be made using the Site’s Communication Tool.

8.  User Attestations, Representations and Warranties

Each time you use the Site, submit an Order requesting Services or deliver Specimens or other Materials to a Host, you attest, represent and warrant to such Host and to Meenta that:

  • You have the authority to agree to these Terms of Use (including the authority to submit Orders and request Services) and have the necessary rights to perform your obligations hereunder;
  • You are fully aware of all applicable federal and state law and your own institution’s policies, and you affirm that your request for Services complies with all requirements imposed by law, contractual obligations or policy; and
  • You agree that the Results may be withheld (to the extent permitted under applicable law) in the event of any non-compliance with applicable law, contractual obligations or institution policy.

9.  Proprietary Rights in the Materials and Results

As between you and any Host providing Services on your behalf, you are the sole owner of, and retain all right, title and interest in and to all Materials (including the Specimens) and Results, and all intellectual property rights therein; provided, however, that each Host retains ownership of any pre-existing products, materials, tools, methodologies and technologies owned by such Host (“Host Background Technology”) and incorporated in the Results.  Subject to your compliance with these Terms of Use (including all applicable Supplemental Terms), each such Host assigns and agrees to assign to you all of its right, title and interest in and to the Results (but excluding any Host Background Technology incorporated therein), and all intellectual property rights therein.  To the extent the Results include Host Background Technology, the Host grant you a non-exclusive, limited, perpetual right to access and use the Host Background Technology solely to the extent necessary for you to use the Results for the purpose specified herein, as permitted by these Terms of Use. You hereby grant each Host providing Services on your behalf a limited, non-exclusive, non-transferable right and license, without the right to sublicense, to use the Materials solely to perform the Services, including to generate and deliver the Results. In addition, you hereby grant to us a limited, non-exclusive, non-transferable right and license to use the Materials and any documentation and information you upload or provide on or through the Site, solely to perform our activities other (including making available the Site and related services to you).

10.  Proprietary Rights in the Site

All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) are the proprietary property of Meenta, it licensors or other Users.  No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission.  You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use, including any User areas to which you have properly gained access, solely to allow you to submit Orders and request Services.  You may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.  Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.  For purposes of clarity, the “Site Content” does not include, and the restrictions set forth in this paragraph do not apply to, the Materials or the Results.

11.  Privacy

You agree that you have read, understood and accept the terms of this Site’s Privacy Policy, located at https://meenta.io/privacy-policy.  This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

12.  Links to Other Websites

The Site may contain links to other websites that are not under the control of Meenta or this Site.  The inclusion of any link does not imply endorsement by us of such site and we are not responsible for the content of such linked sites.  If you decide to leave the Site and access a third party website, you do so at your own risk.

13.  Termination

You may terminate your Meenta Account at any time using the functionality of the Site or by delivering written notice to us.  You agree that we may, with or without cause, immediately terminate your Meenta Account and access to this Site, including terminating your ability to request Services and submit Orders, without prior notice.  Without limiting the foregoing, the following may lead to a termination by Meenta of a User’s Meenta Account and use of the Site: (a) any breach or violation by you of these Terms of Use (including your representations and warranties hereunder) or other agreements with us or breach of guidelines we promulgate from time to time with respect to use of this Site; (b) your failure to pay invoiced fees within the specified timeframe; (c) requests by law enforcement or other government agencies; (d) a request by you (self-initiated cancellation); (e) unexpected technical issues or problems; (f) extended periods of inactivity; and (g) solely in our discretion upon our receipt of any complaint or feedback from Hosts or other Users suggesting that you may have violated these Terms of Use or service obligations.  Upon any termination of your Meenta Account or access to the Site, you agree (i) to pay any monies due and owing to any Host(s), up to the time of termination, for Services actually performed, (ii) to immediately stop using the Services, (iii) that the license and rights provided by us under these Terms of Use shall end, and (iv) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Services or for termination of access to your account.  These Terms of Use shall survive with respect to your previous and outstanding Orders (including your payment obligations thereunder; there are no refunds for cancellation) upon any termination of your Meenta Account or access to the Site.

14. Disclaimer of Warranties

MEENTA IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE PROFESSIONAL MEDICAL OR CLINICAL SERVICES OR ADVICE. THE SITE AND SERVICES PROVIDED BY MEENTA DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR CLINICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  USE OF THE SERVICES IS AT YOUR OWN RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEENTA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  WITHOUT LIMITING THE FOREGOING, MEENTA, DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

HOSTS MAY REQUIRE THAT YOU ACCEPT ADDITIONAL TERMS OF USE. YOU MUST COMPLY WITH THE APPLICABLE TERMS OF USE WHEN ENGAGING A HOST THROUGH THE SERVICE. MEENTA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICES OFFERED BY A THIRD PARTY HOST, AND MEENTA HEREBY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR, ANY SERVICES PROVIDED BY A HOST.

FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MEENTA, THE HOSTS OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING DAMAGES OR LOSS OF A “COMMERCIAL” NATURE SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE.  IT IS EXPRESSLY AGREED THAT THE AGGREGATE LIABILITY OF MEENTA AND EACH HOST (AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) WITH RESPECT TO ANY CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, THE SERVICES OR THE RESULTS, SHALL NOT EXCEED THE FEES YOU PAID TO MEENTA DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16.  Indemnification

You agree to indemnify and hold harmless Meenta, the Hosts and their respective directors, officers, employees and agents, from and against any damages, liabilities, costs and expenses (including attorneys’ reasonable fees) arising out of any actual or threatened claim by any third party (including a claim made by a Host against Meenta) based on (i) your violation of these Terms of Use or the Supplemental Terms (including breach of your representations and warranties), (ii) your use of and access to the Services, (iii) your violation of any applicable law, rule or regulation, or (iv) your willful misconduct, fraud or negligence, in each case except to the extent due to or resulting from Meenta’s or the Host’s negligence or willful misconduct.

17.  Your Conduct

You (which for purposes of clarity includes your Registered Users) shall not post, upload, transmit or share any information or other content on the Site that:

  • is false, inaccurate or misleading;
  • is obscene or indecent;
  • infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party, or is otherwise unlawful;
  • is defamatory, libelous, threatening, abusive, hateful, or contains pornography;
  • contains unsolicited or unauthorized advertisements, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

You shall not interfere with Hosts’ or other Users’ use and enjoyment of the Site.  You may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

You shall not solicit personal information from anyone under the age of 18 or solicit passwords from any Host or other User.  You shall not use contact information provided by other Users or Hosts, or collect email addresses or other information about other Users and Hosts, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.

You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes.  You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.

18.  User Notices

You agree that we may send notices to you by email at the email address you provide when registering or applying for registration (or which you later update using the functionality of the Site).

19.  Comments and Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to Meenta are non-confidential and that Meenta shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

20.  Independent Contractor

You and any Hosts that render Services on your behalf are independent contractors and nothing herein will be construed to create a partnership, joint venture, or agency relationship between you and any such Host.  You agree not to represent yourself in any way to be a partner or joint venturer of or with any Host.

21.  Disputes and Governing Law

In the event of any dispute arising under or in any way connected with the Services, the Results or your membership in or use of the Site (“Dispute”), you agree to cooperate fully and to provide any documentation or other information we reasonably request.

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law rules, and the applicable federal laws of the United States of America.

You and Meenta each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.  JAMS may be contacted at www.jamsadr.com.  The arbitration will be conducted in Massachusetts, unless you and Meenta agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall not include costs of arbitration, attorneys’ fees or other costs and fees; each party shall bear its own costs, except that a party may seek to recover fees and costs pursuant to JAMS rules. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Nothing in this Section shall be deemed as preventing Meenta from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

22.  Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.  THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MEENTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

23.  Miscellaneous Terms

Meenta may assign these Terms of Use at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets, stock or business to which these Terms of Use relate.  You may not assign, delegate or transfer these Terms of Use or any of your rights or obligations hereunder. These Terms of Use will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.

No party shall use the name of the other in connection with any products, promotions or advertising without the prior written approval of the other, except that we may use your name to identify you as a Meenta User on the Site solely to identify you for the benefit of Hosts and other Meenta Users as contemplated under these Terms of Use.

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

If any provision of these Terms of Use is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

These Terms of Use (including the Supplemental Terms), together with the Privacy Policy, constitute the entire agreement (a) between you and Meenta regarding the use of the Site and the content and services provided on the Site, and (b) between you and each Host that renders Services on your behalf, in each case superseding any prior agreements between you and Meenta or any such Host relating to the subject matter hereof.  The failure of Meenta or a Host to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in any instance.  In the event of any conflict, discrepancy or inconsistency between these Terms of Use and any Order, these Terms of Use shall control.

In no event will Meenta be liable for any failure to comply with these Terms of Use to the extent that such failure arises from factors outside Meenta’s reasonable control. These Terms of Use may be executed electronically, and your electronic assent, or use of or request for Services, shall constitute execution of these Terms of Use. You agree that the electronic text of these Terms of Use constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms of Use.

For any questions or comments, or to report violations of these Terms of Use, please contact us at:

Meenta, Inc.
Attn: Meenta User Terms of Use Issues
55 Court Street
Floor 2, Att: Venture Lane
Boston, MA 02108
Email: legal@meenta.io