Like other websites you use, we have legal terms you’ll need to agree to in order to use our services. These policies explain each of our rights and responsibilities.
We encourage you to read these terms of service and our other policies to better understand how we do everyday business:
Terms of Service
Last Updated: December 16, 2022
These Terms of Service (“Terms”) are a legally binding contract and govern your access to, and use of, the website at www.getmendy.com and other digital products and services (“Services”) offered by Mendy Co., a Delaware public benefit corporation (“Mendy,” “we,” or “us”).
These Terms provide important information, including your agreement to grant us rights to your content, our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and Mendy by binding individual arbitration. By using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you agree to be bound by these Terms.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Services.
Using Mendy's Services and Additional Policies
Mendy provides an online platform for sewing-related services (referred to as our “Platform”). Depending on your account type, we may have specific policies and rules that apply to you and your use of the Services.
If you register an account to use our Platform as a provider of sewing-relateds services (a “Sewist”), you can read our policies for Sewists here: https://www.getmendy.com/sewists-policy
If you register an account to use our Platform as a buyer of sewing-relateds services (a “Client”), you can read our policies for Clients here: https://www.getmendy.com/clients-policy
These Terms and our Privacy Policy apply to all of our users.
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have given actual notice on or before the date the change is posted.
You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Your Privacy
You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, which can be found at www.getmendy.com/privacy. Our Privacy Policy is incorporated into these Terms.
Registration and Your Account
You will need to sign up for a user account, either as a Sewist or a Client, to use some of our Services. Any use by anyone under the age of 18 is prohibited. If you are creating an account on behalf of a business, you represent and warrant that to us that you are authorized to agree to these Terms on behalf of such business.
You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Your Use of the Services
Subject to these Terms, Mendy grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mendy, in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services (excluding User Content defined below) are and will remain the exclusive property of Mendy and its affiliates.
You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Mendy's intellectual property, including but not limited to Mendy's name or any of Mendy's trademarks, logos, domain names, other distinctive brand features, or copyrights.
Your Content
The Services allow you to post content and other materials. Anything that you post or otherwise make available on the Services is referred to as "User Content." You have choices about how certain User Content is used and displayed, which are explained in our Privacy Policy. You retain all rights in, and are solely responsible for, the User Content you post to the Services.
You grant Mendy and its affiliates, licensees and sublicensees a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content in any and all media or distribution methods (whether now known or later created) without any further consent, notice, or compensation to you. Further, to the extent permitted under applicable law, you waive, release and covenant not to assert any moral or other rights that you may claim to have in any User Content posted or provided by you.
By submitting User Content, you represent and warrant that such User Content is your own original work, is submitted with the express permission of the owner, or is in the public domain and that you have the right to make the User Content available to us for all of the purposes contemplated in these Terms. You further represent and warrant that such User Content is not defamatory and does not infringe any law or the intellectual property or other proprietary rights of any third party.
You agree that you will not post User Content that violates or encourages any conduct that violates laws or regulations. We reserve the right to remove or modify User Content for any reason, including but not limited to User Content that we believe, in our sole discretion, violates these Terms or our policies.
Your Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in Mendy's sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mendy’s computer systems, or the technical delivery systems of Mendy’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mendy; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
Links
The Services may contain links to third party websites, advertisers, services, or other content that is not owned or controlled by Mendy. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from Mendy, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.
Security
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Geographic Restrictions
The owner of the Services is based in the State of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any information to Mendy, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
Mendy may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. You can terminate your account at any time.
Upon termination of these Terms, your right to use the Services will immediately cease. All disclaimers, limitations of liability, indemnification, Mendy’s rights of ownership and licenses to Mendy’s will survive any termination.
Following termination or deactivation of your account, or if you remove any User Content from the Service, we may retain your User Content for backup, archival, or audit purposes. Furthermore, Mendy and its affiliates, licensees, and sublicensees and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works of, perform, or distribute any of your User Content that have been stored or shared through the Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Mendy to maintain or support the Services, or any part or portion thereof, during the term of these Terms.
Indemnity
As a condition of your access to and use of the Services, you agree to indemnify and hold harmless Mendy and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) your User Content, (c) your breach of these Terms, or (d) any claim or allegation that you have violated the intellectual property rights of other users or third parties. You will not enter into a settlement of the foregoing without our prior written approval.
Limitation of Liability
By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We provide no guarantees regarding the content posted by other users or third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENDY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL MENDY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO MENDY FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT MENDY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MENDY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in Santa Cruz County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Dispute Resolution
You and Mendy agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Mendy each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Mendy agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Mendy agree otherwise, the arbitration will be conducted in Santa Cruz, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Mendy submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Miscellaneous
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Mendy
The Services are provided by Mendy. You can contact Mendy by emailing us at hello@getmendy.com.