Mondo Via Terms & Conditions

Effective Date: 09/26/2024

These Terms of Use (“Terms”) are entered into by and between you and Mondo Terra LLC (“Company,” “we,” “our,” or “us”). These Terms govern your access to and use of any content, functionality, and services offered on or through www.gomondovia.com (collectively, the “Site”), whether as a guest or a registered user. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE.

1. Acceptance of the Terms

BY ACCESSING OR USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

SECTION 22 OF THESE TERMS CONTAINS A BINDING CLASS- AND COLLECTIVE- ACTION WAIVER AND MANDATORY BINDING INDIVIDUAL ARBITRATION. THAT SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH COMPANY. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE SITE, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE, PROVINCE, OR COUNTRY OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

2. Privacy Policy

All information we collect on this Site is subject to our Privacy Policy, which is incorporated herein by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

3. Changes to these Terms

We may update the Site from time to time in our sole and exclusive discretion. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. All changes to these Terms are effective immediately when we post them on the first page of the Terms and apply to all access to and use of the Site thereafter, provided that these changes will be prospective only and not retroactive. In certain cases, we may also provide a summary of changes to these Terms via email to your email address on file with us.

YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF REVISED TERMS MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. If you do not agree to the changes, you should not use the Site or any services offered through the Site after the effective date of the changes. You agree to check this page each time you access the Site so you are aware of any changes as they are binding on you.

4. Access and Availability of the Site

You may access and use the Site to access information or materials that may be posted on the Site from time to time. Any Site updates, enhancements, or new features are subject to these Terms. You may use information and materials on the Site solely for informational or personal purposes.

Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such information and/or materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.

5. Account Security

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information, including, but not limited to, a username, password, and other information (“Account”). It is a condition of your use of the Site that the information you provide in your Account is correct, current, and complete.

You agree that all information you provide to register an Account on the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy. You also consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for all uses of your Account by you or any third parties. You must treat your Account information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You also agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security.

Notwithstanding the foregoing, we have the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

6. Communications

You consent to receive email, phone, and text communications from the Company or its agents or representatives for informational and transactional purposes.

7. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the applicable terms and conditions for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
  • Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this Section 8, please address your request to us at: contact@gomondovia.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to access and use the Site will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

8. Trademarks

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior express written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

9. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior express written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

10. Monitoring and Enforcement; Termination

We have the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and/or (b) terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 11.

11. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

12. Purchases

All purchases through the Site or other transactions for the sale of products, services, or information carried out through the Site, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms. If there is a conflict or inconsistency between these Terms and any Terms of Sale, the Terms of Sale shall govern your applicable purchase.

13. Additional Terms

Additional terms and conditions may also apply to specific portions, services, or features of the Site (“Additional Terms”). All such additional terms and conditions are hereby incorporated by this reference into these Terms. If there is a conflict or inconsistency between these Terms and any Additional Terms, the Additional Terms shall govern your access and use of the respective area or functionality of the Site.

14. Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Site.
  • Send emails or other communications with certain content, or link(s) to certain content, on the Site.
  • Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.

We reserve the right to withdraw linking permission without notice. We also may disable all or any social media features and any links at any time without notice in our discretion.

15. Links from the Site

If the Site contains links to other websites and resources provided by third parties, such links are provided for your convenience only, e.g., advertisements and sponsored links. We have no control over the contents of third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We also do not receive commissions for any third-party websites on the Site.

If you access any third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not responsible, or liable to you, or any third party, for the content or accuracy of any third party websites or their materials.

16. Geographic Restrictions

The owner of the Site is based in the State of Ohio in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT COMPANY AND ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, ASSIGNS, AND AFFILIATES (COLLECTIVELY, “COMPANY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, SAVINGS, OR DATA, WHETHER BASED ON CONTRACT, TORT, EQUITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS OR USE OF THE SITE AND/OR ITS CONTENT, OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS $200 (TWO-HUNDRED DOLLARS).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY PARTIES 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 YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE SITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE.

20. Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Cleveland and County of Cuyahoga County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. DISPUTE RESOLUTION: MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS- AND COLLECTIVE-ACTION WAIVER.

Important: This Section 22 limits certain LEGAL rights and includes a waiver to the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative ACTION, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

  1. In the unlikely event that a disagreement arises between you and the Company, prior to initiating any arbitration pursuant to the terms below, you and the Company agree that each will first contact the other directly and in writing so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved between you and the Company within sixty (60) days of written notice, you and the Company agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with your use of the Site, the Services generally, these Terms, or Additional Terms (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as we and you otherwise agree in writing. You and the Company agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, manager, member, agent, employee, affiliate of the Company if the Dispute relates to the Company. If you and the Company have more than one Dispute, you and the Company agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived. This Section 22 shall survive termination of these Terms.
  2. CLASS- AND COLLECTIVE-ACTION WAIVER: YOU AND THE COMPANY EXPLICITLY AGREE TO THE FULLEST EXTENT ALLOWABLE AND ENFORCEABLE UNDER APPLICABLE LAW, THAT THE ARBITRATOR MUST DECIDE BETWEEN YOU ANY DISPUTE ON AN INDIVIDUAL BASIS. YOU AND THE COMPANY AGREE THAT YOU WILL NOT SUE THE OTHER AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER, OR PARTICIPATE AS AN ADVERSE PARTY IN ANY WAY IN A CLASS-ACTION LAWSUIT AGAINST THE OTHER. YOU AND THE COMPANY FURTHER AGREE THAT YOU WILL NOT SUE ANY OFFICER, DIRECTOR, BOARD MEMBER, MANAGER, MEMBER, AGENT, EMPLOYEE, OR AFFILIATE OF EACH OTHER, OR THIRD-PARTY CONTRACTOR OR SERVICE PROVIDER OF EACH OTHER, AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER, OR PARTICIPATE AS AN ADVERSE PARTY IN ANY WAY IN A CLASS-ACTION LAWSUIT AGAINST THE OTHER. NOTHING IN THIS PARAGRAPH, HOWEVER, LIMITS YOUR OR THE COMPANY'S RIGHTS TO FILE AN ARBITRATION CLAIM AGAINST THE OTHER AS AN INDIVIDUAL CLAIMANT.
  3. YOU AND THE COMPANY FURTHER AGREE THAT NO DISPUTE BETWEEN YOU SHALL BE ARBITRATED ON A CLASS-REPRESENTATIVE OR CONSOLIDATED BASIS AND THAT YOU AND THE COMPANY WILL NOT PARTICIPATE OR INVOLVE YOURSELVES IN ANY WAY WITH A CLASSWIDE OR MASS ARBITRATION (INCLUDING, BUT NOT LIMITED TO, BY BEING ONE OF MORE THAN ONE CLAIMANT REPRESENTED BY A SINGLE LAW FIRM OR AFFILIATION OF LAW FIRMS OR ATTORNEYS THAT MAKES THE SAME OR SIMILAR ARBITRATION CLAIMS AGAINST THE OTHER AT THE SAME OR SIMILAR TIMES). YOU AND THE COMPANY FURTHER AGREE THAT THE ARBITRATOR DECIDING THE DISPUTE BETWEEN YOU MAY NOT CONSOLIDATE OR JOIN SUCH CLAIMS WITH THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AND THE COMPANY FURTHER AGREE THAT THE ARBITRATOR DECIDING YOUR DISPUTE MAY ONLY AWARD RELIEF (INCLUDING INJUNCTIVE RELIEF, IF AVAILABLE) ON AN INDIVIDUAL BASIS.
  4. Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Section 22(b) must be determined by a court of competent jurisdiction and not by an arbitrator.
  5. If, for any reason, this Section 22(b) is held to be unconscionable or unenforceable, then the entirety of this Section 22 shall not apply and the Dispute must be brought exclusively in a state or federal court in Cuyahoga County, Ohio ON AN INDIVIDUAL BASIS (I.E., YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING A CLASS ACTION AGAINST THE COMPANY). Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters (and only such matters). Moreover, you and the Company agree that any state or federal court action shall be tried to a judge and not a jury.
  6. Arbitration Procedure:
      As stated above, you and the Company agree to first contact the other in writing directly to seek a resolution of any dispute before initiating an arbitration. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the American Arbitration Association (“AAA”) using AAA’s Commercial Arbitration Rules, or by any other arbitration administration service that you and an officer or legal representative of the Company consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and the Company will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require the Company to pay a greater portion or all of such fees and costs in order for this Section 22(b)(i) to be enforceable, then the Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (a) apply applicable law and the provisions of these Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect, or consequential damages, including damages for lost profits.You and the Company recognize that, with arbitration: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of Ohio without regard to choice-of-law principles, except that the provisions of these Terms concerning arbitration shall be governed by the Federal Arbitration Act. You and the Company agree that certain portions of this Section 22 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (an “Agreement”) and AAA’s Commercial Arbitration Rules. You and the Company agree that we intend that this Section 22 satisfies the “writing” requirement of the Federal Arbitration Act.In the event that AAA is unavailable or unwilling to hear the Dispute, you and the Company shall agree to, or a court shall select, another arbitration provider.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

22. Waiver

You agree that any waiver by the Company of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. You further agree that the failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision or any other provision of this Agreement.

23. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, you agree that such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

24. Entire Agreement

You agree that the Terms of Use, Privacy Policy, Terms of Sale, and any other written agreements you reach with the Company constitute the sole and entire agreement between you and Company regarding the Site and Service; and you further agree that such agreement supersede all prior and contemporaneous understandings and agreements, both written and oral, regarding the Site.

25. Contact

The Site is operated by Mondo Terra LLC. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: contact@gomondovia.com.