Terms of Services

Hello, and welcome to the Mudblu Terms of Services.

These Terms of Services (hereinafter, the “Terms”) include the use we make of the sites, customized templates, products, applications, plugins and tools legally purchased or used on secure web sites and functions, Mudblu original designs and programming (collectively, the “Services”), and access to them, provided by Mudblu. (hereinafter, and together with the officers, directors, employees, representatives, subsidiaries and affiliates, “Mudblu”). In our privacy policy, we explain what type of personal information we collect and how we use and share it.

By using the Services, or accessing them, you agree to accept these Terms, the Privacy Policy (collectively, the “Common Agreement”). If you use the Services for an organization, you signify your acceptance of this Common Agreement on behalf of that organization; likewise, the person declares and claims to be authorized to do so. If you do not accept the terms of this Common Agreement, you may not use or access the Services.

Although we are not your lawyers, we would like to recommend that you read this Common Agreement in detail, as it includes important information about your legal rights and addresses certain issues such as automatic renewals of subscriptions, warnings of guarantee, resolution of disputes through arbitration and exemptions from class actions.

We have tried to make this Common Agreement as fair and direct as possible; however, contact us if you wish to ask a question or make a suggestion.

1. Create an Account

Make sure your account information is accurate and keep your account secure. You are responsible for your account information. Also, you must be over 13 to use Mudblu.

1.1. Registry. To use the Services, you must first create an account (hereinafter, the “Account”). By doing so, you agree to provide us with accurate, complete and updated information via PayPal for your Account. We probably have to use this information to communicate with you, telephone number and email.

1.2. Maintain Security Protect your Account and make sure that others do not have access to your Account and password. You must notify us immediately in case of losses, robberies or unauthorized, real or suspected uses of your Account or password through WordPress that Mudblu will provide whenever needed. You are solely responsible for the activity that is carried out with your username of your account, different from the username of your Mudblu web designer. Mudblu is solely responsible for any act within our user within WordPress, different from your username for security reasons, of your page.

1.3. Over 13 years of age. The Services have not been designed for children under 13 years of age; therefore, they should not use them. By making use of the Services, you declare to be over 13 years of age. Likewise, if you are under 18 years of age, your parent or guardian must indicate your agreement with this Common Agreement and must sign it on your behalf (depending on the place of residence).

2. Its Contents

Even when you upload content to Mudblu, you still own them. However, by doing so, you authorize us to use them in any way necessary to provide the Services. For example, if you upload a photo, you authorize us to save it and, also, to show it on your site as you indicate. Also, we can promote or show your site; however, you can choose to stop doing so if you do not agree.

2.1. Your User Content remains yours. Users of the Services provide us with content, such as texts, photos, images, audio, videos, codes and other types of materials (hereinafter, the “User Content”), although not limited to them. Your User Content remains yours. Through these Terms, we are not conferred any rights over the Content of the User, except with respect to the limited rights that enable us to provide, improve, promote and protect the Services, as described in this.

2.2. Your License to Us. By providing User Content through the Services, you grant Mudblu a non-exclusive, global, perpetual, royalty-free, sub-licensable and transferable right and license to use, host, store, reproduce, modify, create derivative works (such as those that arise from translations, adaptations or other modifications that we implement so that the User Content works better with the Services), communicate, publish, publicly show, carry out publicly and distribute User Content for the purposes limited to allow us to provide, improve, promote and protect the Services.

2.3. Promotion of Your Site. We may use in perpetuity, globally and without charge, any version of “Your Sites” (as defined below), or a portion of them, for the limited purpose of Mudblu’s marketing and promotion activities. For example, we can promote Your Sites on our Ideas page or in our social media accounts. In this way, traffic to Your Sites can be improved. Waiver of any type of demand related to moral rights, artists rights or other similar rights at a global level that may have respect to Your Sites, and any right of inspection or approval of such use in relation to Your Sites. If you do not want your Sites promoted, you can choose to stop doing so through the Services or by contacting Mudblu.

3. Your Responsibilities

You are responsible for the contents published in Mudblu and guarantee that they are suitable for use. Also, we ask that you comply with our rules and that you do not engage in any type of illegal activity. Keep in mind that some of the content that loads can be seen at public level; therefore, share content responsibly. Finally, while you can do fantastic things with the Mudblu team, remember that we can not offer legal advice in this regard.

3.1. Use Only Content That You Are Authorized to Use. You declare to be the owner of all the rights with respect to the User Content or, otherwise, have (and still have) the rights and permits to use, share, display, transfer and legally license your User Content through the Services. In case we use your User Content in the manner stipulated in this Agreement, you declare that such use will not represent a breach or violate the rights of third parties, including copyright, trademark, privacy, advertising, contractual or other types of intellectual or property rights, although not limited to them. The Content included in the Services may be protected by intellectual property rights, or others, of other people; therefore, do not copy, upload, download or share content unless you are duly authorized to do so.

3.2. Follow Our Rules. You assume full responsibility for your conduct and for User Content. Having said that, we do not have any obligation to do so. We are not responsible for User Content.

3.3. Comply with the Law. You declare that your use of the Services is not contrary to the law, such as the current export controls, regulations and sanctions of the US, although not limited to them.

3.4. Share in a Responsible Way. The Services allow you to share User Content with other people, such as on social networks and on the open web, although not limited to them; therefore, carefully analyze what to share. We do not assume any responsibility for everything that you share through the Services.

3.5. Your Sites and Your End Users Are Your Responsibility. You may use our Services to modify your site, online stores and other products or services (hereinafter, “Your Sites”) and Your Sites may receive your own visits and have your own users (hereinafter, the “End Users”). You understand and agree that Your Sites and their End Users are your responsibility and that you are solely responsible for verifying compliance with the laws or regulations in force, in relation to Your Sites and their End Users, such as the publication of your own privacy policy, but not limited to it. We do not assume any liability and, likewise, we do not offer legal advice in relation to Your Sites or your End Users.

4. Third Party Services and Sites, User Content and Mudblu Specialists.

If you use another service in Mudblu, or enter a link to another site, or work with someone you meet in Mudblu (like a Mudblu Specialist), what happens is between you and them. We do not assume any responsibility in this regard. In Mudblu, there are large amounts of content loaded by users (like you). We do not assume any responsibility in this respect, either.

4.1. Thirdparty services. The Services are integrated with various services, applications and third-party sites (hereinafter, collectively referred to as the “Third Party Services”) that can be made available to you for your content and products, such as domain and e-mail services, or market sites to connect customers and suppliers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, nor are we responsible for Third Party Services or operations that you can perform with them. Your security during the use of Third Party Services is your sole responsibility. You also agree that, at any time, at our sole discretion and without prior notice, we may suspend or deactivate access to Third Party Services, or delete them. We do not assume any liability for the suspension, deactivation or elimination, such as the loss of profits, income, data, goodwill or other intangible losses, although not limited to them, that you may experience as a consequence (except in those cases where that the law forbids).

4.2. Third Party Sites. The Services may contain links to third-party sites. If you access third-party sites, you do so at your sole risk. We do not control such sites and do not assume responsibility for them either.

4.3. User Content. We have not reviewed and can not review the entire User Content that is made available through the Services. The Services may include User Content that: (a) is offensive or objectionable; (b) contains errors; (c) violates the rights of intellectual property, privacy, publicity or other rights of third parties; (d) is harmful to your equipment or networks; or (e) whose download, copy or use is subject to additional terms and policies. The fact of operating the Services does not mean or imply that we endorse the User Content included in them, or that we consider that such User Content is accurate or useful, or not harmful. We do not edit without your prior written permission and we are not responsible for User Content that is uploaded, published or otherwise made available through the Services. You assume full responsibility to take the necessary precautions to protect yourself and your equipment or networks from the User Content accessed through the Services.

4.4. Mudblu Specialists. Certain parts of the Services, such as Mudblu Specialists may offer indications, and information, about the independent external users of Mudblu (hereinafter, “Mudblu Specialists”) that can help you use the Services.

5. Our Rights

In order to operate effectively and protect the safety and integrity of Mudblu, we must control what happens with our services.

5.1. Important Activities We Can Carry Out. We reserve the following rights, which we may exercise at any time and in our sole discretion, and without any type of liability or notice (unless prohibited by law): (a) we may modify the Services and their functionality; (b) we may limit access to or use of certain parts or all of the Services; (c) we may suspend or interrupt certain parts or all of the Services; (d) we may terminate, suspend or limit access to certain parts or all of the Services, or their use; (e) we may terminate, suspend or limit access to your Account or Your Sites; and (f) we may modify our eligibility criteria to use the Services (in case such modifications to the eligibility criteria are prohibited by the law of your place of residence, we may revoke your right to use the Services in said jurisdiction) .

5.2. How We Treat Disputes Over Ownership On certain occasions, the ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and its client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, without prior notice, to determine the legitimate ownership of the Account or site, and to transfer the Content Account, not the domain or hosting to the legitimate owner. . In case we can not determine the legitimate owner, we reserve the right to suspend the Account or the site until the parties in conflict reach an agreement. Also, we can request documentation, such as a photo ID issued by the government, a credit card bill or a business license, to help us determine who is the legitimate owner.

5.3. HTTPS encryption. We offer HTTPS encryption for Your Sites. By registering on a custom domain through the Services, or designating a custom domain for the Services, you authorize us to create and maintain a certificate for the limited purposes of offering HTTPS encryption for Your Sites.

6. Privacy

In our Privacy Policy, we explain how we approach information about you and visitors to your site. Be sure to read it carefully, as it is part of our agreement.

In our Privacy Policy, we explain how we collect, use and share your information and information about your End Users. By using the Services, you agree that we will collect, use and share information as set forth in the Privacy Policy.

7. Copyright

We comply with copyright laws and respond to claims of copyright infringement in accordance with our Copyright Policy.
We respect the intellectual property of others and ask you to do the same. We respond to notices about alleged violations of copyright. We reserve the right to remove or deactivate content that, allegedly, represents a violation and to terminate Repeated Offender Accounts without offering any type of refund.

8. Services Payments and Rates.

Certain Mudblu services are paid services. In this section, we explain how we manage the payment for these services. For certain paid services, such as site plan subscriptions, we will send you an invoice automatically and at regular intervals (monthly), unless you disable automatic renewal or cancel the subscription. We can do it at any time.

 8.1. Rates. To access certain parts of the Services, by paying a fee through Paypal (as additional services, the “Payment Services”). For example, to publish your Sites publicly, you must pay a subscription fee. The Payment Services will remain in force until they are canceled or terminated in accordance with this Agreement. We will indicate the amount of the Paid Services before proceeding to the collection. You can cancel the Payment Services at any time through the Services or by contacting Customer Service or your website designer. If you do not pay for the Payment Services in a timely manner, we reserve the right to suspend or cancel your access to the Payment Services. Transaction fees and additional fees may also apply to certain parts of the Services; however, we will inform you before proceeding with the collection. Our rates will appear on the invoice we provide through the Services, unless otherwise indicated.

8.2. Taxes. The rates do not include federal, state, local taxes or any other applicable taxes (hereinafter, the “Taxes”). You are responsible for the applicable Taxes; Likewise, we will additionally charge Taxes in relation to the rates of the Services when we need to do so. If you are exempt from paying taxes, you must present a valid tax exemption certificate (we reserve the right to determine if the certificate is valid). The tax exemption will only apply from the date we receive the certificate and after it.

8.3. Automatic Subscription Renewals. In order to guarantee uninterrupted service, we will automatically bill certain Payment Services from the date you make the initial payment and in each renewal period after the initial payment and until the cancellation. The renewal period will be equivalent in time to the renewal period of the current subscription. For example, if you have a monthly subscription plan, each billable renewal period will be equivalent to one month. We will automatically charge you the applicable amount through the payment method that appears in our files. We will notify you in advance if you purchase a Payment Service that includes automatic renewal payments. You can deactivate the automatic renewal at any time through Paypal or by communicating with Mudblu via phone or email. However, Mudblu owns the domain (if Mudblu was the purchaser), design, domain emails, programming, SSL, and apps that are hired. You will not obtain your website as Mudblu designed it unless you pay a fee after a appraisal performed by Mudblu team, where the price will not be less than one thousand five hundred and sixty dollars ($ 1.560) and one year of service (any monthly subscription plan) at the time of properly closing your account with an email to your Mudblu designer.

8.4. Refunds. While we may cancel the Paid Services at any time, you will not be granted a refund unless we so determine at our sole discretion or if it is a legal requirement (such as for eligible users in the EU).

8.5. Modifications in the Rates. We will be able to modify the rates when we consider it necessary. If applicable, we will notify you regarding these changes to the rates through the Services. The new rates will not be applied retroactively. If you do not agree with the changes to the rates, you have the right to refuse the modification by canceling the corresponding Payment Service before the next payment date.

8.6. Returns. In case you communicate with your bank or credit card company or Paypal to refuse, request a refund or, in some other way, revert the charge of fees that must be paid to us (hereinafter, the “Refund”), we can terminate your account automatically. If you have any questions about a payment made, we invite you to contact Mudblu before requesting a Refund. We reserve the right to dispute any type of Refund. 

8.7. Our Payment Processor. We use an external payment processor, Paypal (hereafter, the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Common Agreement. Our current Payment Processor is Paypal and Paypal is responsible for processing payments in accordance with the Terms of Service and Privacy Policy of Paypal. We do not exercise any type of control and are not responsible for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at current prices at the time for all purchases under the applicable payment terms. Accept to make the payment by means of the payment method indicated in your Account. We reserve the right to correct, or instruct our Payment Processor to correct, the errors, even if payment has already been requested or received.

8.8. Rates Corresponding to Third Party Services. Third Party Services that are purchased through the Services may be subject to various reimbursement policies that determine Third Party Services and may also be non-refundable. The terms and conditions of purchase of said Third Party Services will be shown during the purchase process, for example, through a link to the terms and conditions of purchase. You are responsible for corroborating your ability to purchase, cancel or obtain a refund for a Third Party Service. We do not offer refunds for purchases of Third Party Services.

9. Your Electronic Commerce in Mudblu

We provide tools to help you carry out e-commerce activities in Mudblu, such as selling products or collecting donations. You are exclusively responsible for the manner of developing e-commerce activities and we assume no responsibility in this regard other than the set-up of the E-Commerce package. Also, be sure to comply with our rules related to electronic commerce; otherwise, we may terminate your Account. Finally, if you use a third party to process payments for your e-commerce activities, remember that the relationship is with them and not with us.

9.1. Inherent Responsibilities to Electronic Commerce. The Services include features that allow you to sell products or provide services to your End Users, or, in some other way, collect payments made by them (hereinafter, these activities are called “Your Electronic Commerce”). We are not part of Your Electronic Commerce, other than the set-up of the E-Commerce package, and we are not responsible in this regard. You are exclusively responsible for Your Electronic Commerce and to comply with the laws and regulations related to it, by way of example:

9.1.1. Taxes. You are solely responsible for: (a) all Taxes and fees related to Your Electronic Commerce, including Taxes related to the purchase or sale of products or services in relation to electronic commerce, although the list is not limited to them; (b) collect, report and present the mandatory taxes before the relevant government authorities; and (c) inform its End Users about the mandatory taxes and deliver invoices as required by law. You also agree that the tax estimates, reports or related materials that we provide through the Services are for illustrative purposes only and that you can not rely on them to meet the tax obligations.

9.1.2. Compliance and Distribution. You are solely responsible for complying and distributing the products and services to the End Users.

9.1.3. Claims and Guarantees. You are exclusively responsible for any claim or warranty you make in relation to Your Electronic Commerce.

9.1.4. Customer Service. You are solely responsible for managing the comments or claims related to Your Electronic Commerce, including issues related to payments, promotions, refunds and returns, but not limited to them. Accept to provide accurate and complete contact information on Your Sites so that End Users can send you comments or make complaints.

9.1.5. Terms, Policies and Legal Compliance of the Site. You agree to publish and make available on Your Sites the privacy policy and other terms or policies required by law; likewise, it guarantees that Your Sites and Your Electronic Commerce will comply with the applicable laws and regulations. You agree that we will not offer legal advice in relation to such terms, policies or compliance. Be sure to read the Privacy Policy for more information about communications to your End Users in relation to the use of the Services.

9.2. Restrictions to Electronic Commerce. You may not offer or sell products or services that, in our sole discretion: (a) may be considered dangerous, false, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) in any other way, do not comply with applicable laws or regulations, such as intellectual property rights, privacy or publicity, consumer protection, product safety or commercial regulations, export controls , regulations or sanctions, although not limited to them.

9.3. Suspensions to Electronic Commerce. While we would prefer not to do so, we may, at any time and at our sole discretion, and without notice, suspend, deactivate access or delete your Account, Your Sites or Your Electronic Commerce without any liability to you or to the End Users, including loss of profits, income, data, goodwill or other intangible losses (except in those cases where the law prohibits it), but without limitation. For example, we may suspend Your Electronic Commerce in case it is deemed to violate this Agreement.

9.4. Electronic Commerce Payment Processors. In order to accept payments from End Users in relation to Your Electronic Commerce, you may integrate Your Sites with external payment processors (hereinafter, the “Electronic Commerce Payment Processors”). Your relationship with said Payment Processors of Electronic Commerce is governed by the terms and policies of said Electronic Commerce Payment Processors. We do not control, and are not responsible for, the Payment Processors of electronic commerce or any type of transaction that you may perform with or through an Electronic Payment Processor. The Electronic Commerce Payment Processors are Third Party Services, as defined in Section 4.1. Although we will try to warn you in advance, you accept that, at any time, at our sole discretion and without prior notice, we can deactivate access to the Services to Electronic Commerce Payment Processors, or remove them from the Services, without any type of liability for you or the End Users, such as the loss of profits, income, data, goodwill or other intangible losses (unless prohibited by law), but not limited to them. Your Electronic Commerce Payment Processors may submit invoices for transaction fees related to Electronic Commerce transactions.

10. Domains

In this section, we explain how we provide services related to domains. Please note that domain registrations are also subject to agreements with third parties, such as ICANN and external registration partners.

10.1. Reseller Services. We work with external registration services to offer you services related to the domains. Whenever you register a domain name, or renew or transfer an existing domain name through the Services, you are subject to the terms and conditions of the registration service, which are included in this Agreement as a reference. At this time, the registration service for the Services is GoDaddy, HostGator, and all registrations and renewals made through the Services are subject to the Tucows Terms and Conditions, under which we are the ” Reseller.”

10.2. ICANN. Your use of the domain’s services is subject to the policies of the Internet Corporation for the Assignment of Names and Numbers (hereinafter referred to as “ICANN”), including but not limited to dispute resolution policies. Your rights and responsibilities as responsible for the registration of the domain name, under the ICANN 2009 Accreditation of Registrations Agreement are summarized here. For more information about registering domain names in general.

10.3. Transfers, Renewals and Reimbursements. You can not transfer a domain name during the first sixty (365) days after registration with Mudblu. With respect to renewals, we will endeavor to send you a notification at least fifteen (15) days in advance of the domain renewal date; however, you accept that the renewal of the domain is under your sole responsibility when you inform Mudblu in writing that you want to renew. If you cancel the purchase of a domain name within the first three (3) days after the purchase, we will reimburse you for the full amount. However, we do not make refunds in case of renewals or transfers of domains.

11. Term and Termination

Any of us can terminate this agreement at any time.

This Agreement will remain in effect until you or we terminate it. To terminate the Agreement, contact Mudblu, or write to your designated web designer. If you simply stop using the Services when you want, we will take your account in debt and it will continue to be charged. We reserve the right to suspend or terminate the Services at any time, at our sole discretion and without prior notice. For example, we may suspend or terminate your use of the Services in case you violate these Terms. All sections of this Common Agreement that, by their nature, exceed the termination, will exceed the termination, such as Your Contents, Our Intellectual Property, Warranty Notices, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms, but not limited to they.

12. Warranty Notices

We made a great effort to ensure that Mudblu offers an excellent service; nevertheless, the Services are provided as they are, without guarantees.

Within the maximum scope permitted by law, Mudblu does not grant any type of guarantee, whether express or implied, in relation to the Services. The Services are provided “as is.” In addition, Mudblu also waives all warranties of merchantability, fitness for a specific purpose and non-compliance. No type of advice or information, whether oral or in writing, that you obtain from Mudblu will generate any type of guarantee. Mudblu does not offer any kind of guarantee nor does it make any declaration that the Services: (a) will be offered in a timely manner, without interruptions or without errors; (b) will meet your requirements or expectations; or (c) will not contain viruses or other harmful components. Certain places do not allow the notices included in this paragraph; therefore, it may not apply to you.

13. Limitation of Liability

If something bad happens as a result of your use of Mudblu, our responsibility is limited.

Within the maximum scope permitted by law, under no circumstances shall Mudblu assume any responsibility with respect to the claims arising from the Services or this Agreement, or related to them, with respect to: (a) indirect, special, incidental damages, exemplary, punitive or consequential; (b) loss of profits, income, data, goodwill or intangible losses; (c) damages related to accessing, or limiting, any part or all of the Services, including their use, limitation or interruption, or the cessation or modification of any aspect of the Services, but not limited thereto; (d) damages related to the loss or corruption of content or data, including User Content and Electronic Commerce data, but not limited to the username for the customer and the Mudblu username; (e) User Content or other content or behavior of any user or third party that uses the Services, including defamatory, offensive or illegal content or behavior, but not limited to; or (f) Third Party Services or third party sites that are accessed through the Services. These limitations apply to all types of theory related to liability, whether based on guarantees, contract, grievances, negligence, strict liability or other legal theory, regardless of whether or not Mudblu has informed of the possibility of such occurrence. Damage, and even if it is discovered that any of the repairs established in the present has not fulfilled its basic purpose. Within the maximum scope allowed by law, under no circumstances shall joint liability of Mudblu with respect to claims arising from or related to the Services and this Agreement exceed the sum of twenty dollars ($ 20) or the amounts that you have paid to Mudblu in the twelve (12) months immediately prior to the event that gave rise to said claim. Certain places do not allow the type of limitations included in this paragraph; therefore, it may not correspond to you.

14. Compensation

If you do something that generates some type of demand, you must cover us.

Within the maximum scope allowed by law, you agree to indemnify and hold Mudblu harmless from all types of damages, losses and expenses (such as attorneys’ fees and reasonable costs, but not limited to) arising from or related to : (a) the lack of compliance with this Agreement; (b) User Content, Your Sites and Your Electronic Commerce; (c) all types of claims made by its End Users; and (d) the violation of laws, regulations or rights of third parties.

15. Resolution of Disputes

Before filing a claim against Mudblu, agree to try to resolve it informally and first with us. Formal disputes must be resolved through arbitration that complies with the rules described below, unless you decide not to resort to arbitration and follow the procedure mentioned below. Only individual claims can be made and not collective demands.

15.1. Informal Resolution. Before filing a claim against Mudblu, you agree to try, first, to resolve the dispute by sending an email to legal@mudblu.com with a description of the claim. We will seek to resolve the dispute informally by email, telephone or other means. If we can not resolve the dispute within sixty (60) days of receiving the first email, both you and Mudblu can initiate a formal procedure.

15.2. Arbitration Agreement. You and Mudblu agree to settle the claims arising from the Services or this Common Agreement, or related to them, through a final and binding arbitration; likewise, both you and Mudblu waive a jury trial, as described below. The discovery of evidence and the right of appeal in arbitration are usually more limited than in a lawsuit, and other rights that you and we might have in court are not available in an arbitration process. In an arbitration, there is no judge or jury, and the review of an arbitration decision by the court is usually limited.

15.3. Exclusion of the Arbitration Process. To reject the agreement to submit to an arbitration process, send us an email to legal@mudblu.com within a period of sixty (60) days from the date you accept this Agreement for the first time (hereinafter, the “Exclusion Period”). The email must be sent from the email address used for your Account and must include your full name, residential address and clear and concise statement that you want to be excluded from the arbitration process. If you wish to be excluded from the arbitration process under Section 15.3, Sections 15.2, 15.4, 15.5 and 15.6 of these Terms do not apply to you. This exclusion does not apply to the rest of the sections of the Terms, including Sections 15.7 (Judicial Dispute Forum, Deadlines for Filing Claims), 15.8 (No Collective Demands) and 16.2 (Effective Law), but not limited to them. If you have questions about this process, contact legal@mudblu.com.

15.4. Deadline for Arbitration. All arbitration proceedings must be initiated by filing a claim for arbitration within a period of one year after the party first becomes aware or reasonably should be aware of the act, omission or error that gives rise to the arbitration. Claim if current law prohibits a one-year limitation period for filing claims, all claims must be filed in the shortest period of time allowed by current law.

 15.5. Arbitration fees. The Rules of our lawyers will govern the payment of arbitration fees. We will not seek to recover the fees and costs of our attorneys who participate in the arbitration process unless the arbitrator determines that your claim is unfounded.

15.6. Exceptions to the Arbitration Agreement. Both you and Mudblu may file lawsuits, if appropriate, in small claims courts in the city of Fort Lauderdale, Florida or in any county in the United States in which you reside or work. Both you and Mudblu may file a lawsuit exclusively to obtain a court order whereby unauthorized use or abuse of the Services, non-compliance with intellectual property rights or misappropriation (eg, trademark rights) is stopped. commercial, trade secrets, copyrights or patent rights) without, first, participating in an arbitration process or an informal dispute resolution process, as described above.

15.7. Judicial Dispute Forum; Deadlines for filing claims. In the event that our agreement to pursue an arbitration proceeding does not apply to you or your claim, or if you decide to reject the arbitration proceeding under Section 15.3, both you and Mudblu agree that any judicial proceeding (not be small claims actions) must be carried out exclusively in the federal or state courts of Fort Lauderdale, both you and Mudblu agree the place and personal jurisdiction in these courts. Any claim that does not submit to an arbitration process must be initiated within a period of one year after the date on which the party first becomes aware or reasonably should take cognizance of the act, omission or error that gives rise to the claim. If the current law prohibits a one-year limitation period for filing lawsuits, all claims must be filed within the shortest period of time allowed by current law.

15.8. NO COLLECTIVE DEMANDS. You will be able to solve disputes with us only under an individual modality and collective demands can not be made, either as plaintiffs or members of a group in a collective, consolidated or representative lawsuit. Collective lawsuits, collective arbitrations, general actions of private attorneys and consolidation with other arbitrations are prohibited.

16. Additional Terms

This Agreement represents the entire agreement between us regarding the use of Mudblu. In the event that, at some point, we modify it in a way that limits your rights, we will notify you about it and give you the opportunity to cancel.

16.1. Totality of the Agreement. This Agreement represents the entire agreement between you and Mudblu with respect to the subject matter of this Common Agreement, and supersedes and supersedes any prior or contemporaneous agreement, or the terms and conditions governing the subject matter of this Common Agreement. Under this Common Agreement, no benefit rights are conferred on third parties.

16.2. Law in force. This Common Agreement and the Services shall be governed at all times by the laws of the country of Ecuador and of the State of New York, without taking into consideration the provisions relating to conflicts of laws.

16.3. Waiver, Severability and Assignment. The failure to execute any of the provisions of this Common Agreement does not represent a waiver of the right to do so later. In case it is detected that any of the provisions of this Common Agreement is not enforceable, the remaining provisions will remain in effect in full and an execution period will be established, which reflects our purpose as faithfully as possible. You can not assign your rights under this Common Agreement and any attempt to do so will be considered null and void. We may assign our rights under this Common Agreement to any of our affiliates or subsidiaries, or to any successor in the interest of the businesses related to the Services.

16.4. Modifications. We may modify this Common Agreement in a timely manner and always publish the most current version on our site. In the event that a modification significantly limits your rights, we will notify you in this regard (for example, by sending an email or a prominent notice in the Services). In the notice, a reasonable period will be indicated after which the new terms will apply. Modifications are never applied retroactively. If you continue to use the Services or access them once the changes are implemented, you agree to submit to the amended Common Agreement. If you do not agree with the modifications, you should stop using the Services.