Your use of our service is governed by these terms. By using our website, you are accepting these terms.
Nuevo Mundo PBC d/b/a NuMundo (“NuMundo,” “we,” “us,” “our”) provides its services (described below) to you (“you,” “user”) through its website located at www.numundo.org (the “Site”) and through its mobile applications (if any) and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
The Services are designed as a platform to connect individuals (“Visitors”) seeking transformational experiences (“Experiences”) with hosts around the world (“Hosts”), to permit Visitors to book Experiences directly with Hosts, and to permit Visitors to book and receive provide custom advice and planning regarding a potential Experience (“Matching Services”).Transactions between Hosts and Visitors:
NuMundo does not offer or sell Experiences directly, but instead facilitates the booking of Experiences directly between Hosts and Visitors. You acknowledge and agree that NuMundo is not a party to any Experience transaction made through the Services. If you book an Experience through the Services, you are contracting directly with the other party. NuMundo is not a broker or agent on behalf of any user (Visitor or Host), nor do we endorse any Visitor or Host. NuMundo and has no control over the conduct of any user, including compliance with applicable laws; such responsibility remains with the respective users. While NuMundo endeavors to present accurate information (including photographs of Host properties and amenities), NuMundo makes no guarantee, whether express or implied, regarding the state of a Host property or that the Experience will be suitable for you as a Visitor. We do not, and cannot, verify with certain that the information provided by a Host or Visitor is accurate and complete (including pricing information or availability), and we hereby disclaim all liability in this regard. Visitors may be subject to additional terms, conditions, and policies of a Host in connection with their Experience.Redeeming an Experience; Compliance with Local Law:
All Experiences are redeemable solely for the applicable goods or services of the relevant Host as described in the Services. Visitors agree and acknowledge that the Host, not NuMundo, is the provider of the Experience and the goods and services and is solely responsible for redeeming any Experience which you have booked through the Services. The following terms and conditions apply to all Experiences:
If you are a Host, you are the holder and issuer of each Experience you make in connection with the Service. As a holder and issuer of the Experience, the Host represents, warrants and agrees that it (i) has obtained all necessary permits, licenses and certifications to hold and issue an Experience as required by applicable law, (ii) shall fully honor and redeem all Experiences which Host Accepts (defined below), and (iii) shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Experience or caused in whole or in part the Host, as well as for any unclaimed property liability arising from unredeemed Experiences or portions thereof. Each Host hereby waives, and releases and will hold harmless NuMundo and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any Experience or any act or omission of Host in connection with an Experience or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Experiences or any portion thereof.Use of Visitor Information:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify NuMundo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. NuMundo will not be liable for any loss or damage arising from your failure to comply with this Section.Modifications to Services:
NuMundo reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that NuMundo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.General Practices Regarding Use and Storage:
You acknowledge that NuMundo may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on NuMundo’s servers on your behalf. You agree that NuMundo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that NuMundo reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that NuMundo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.Mobile Services:
The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding NuMundo and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your NuMundo account information to ensure that your messages are not sent to the person that acquires your old number.
Visitors and Hosts (as applicable) agree to the following terms as a condition of accessing and using the Services:Visitor Fees:
When Visitors use the Services to book an Experience or Matching Services, you agree pay the fees set forth in the Services for the applicable Experience or Matching Services when due. You may be required to provide NuMundo information regarding your credit card or other payment instrument in order to proceed with the booking. In doing so, you represent and warrant that such information is true and accurate and that you are authorized to use that payment instrument. You further agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Visitors acknowledge that NuMundo may retain a portion of the fees payable for the Experience (the “Deposit”), as agreed to directly between NuMundo and the relevant Host. Depending on the Experience booked, a Visitor may be required to pay for the entire Experience up front (collectively, “Prepaid Experiences”). In other cases, Visitors be required to pay only the Deposit through the Services, with the balance payable directly to the applicable Host upon the Visitor’s arrival, in the amount and currency described in the Services (collectively, “Full Payment on Arrival Experiences”). If you book a Full Payment on Arrival Experience, you agree that you are responsible for paying the quoted balance to your Host, and that your Host reserves the right to cancel or void your Experience for non-payment, in which case, you acknowledge and agree that NuMundo shall have no liability on your account for such voided or canceled Experience or any payment therefor.Listing of Experiences:
NuMundo values your use of the NuMundo Services as a Host to make your Experiences available to our network of Visitors, and aims to provide the best and most comprehensive experience-booking services. To that end, Hosts agree, warrant and represent that they will use best efforts (i) to represent each Experience accurately and completely, and (ii) to offer Experiences at prices no higher than generally advertised or offered on other platforms, services, or media (including those owned or controlled by Host).Acceptance of Experience Bookings:
Experiences booked through the Services are tentative and not binding unless and until the Host accepts (“Accept,” “Acceptance”) the booking. Hosts agree to review Experience bookings and to Accept (or expressly reject) each booking promptly, and in no event more than fourteen (14) days after the initial booking request. Experience bookings that are not Accepted within fourteen (14) days will be deemed void and of no further effect. Visitors acknowledge and agree that Hosts have sole discretion in whether or not to Accept any booking.Cancellations and Adjustments; Refunds:
Visitors may cancel an Experience through the Services at any time, for any reason, subject to the refund policy set forth herein. Prior to Acceptance, Visitors may make adjustments to the booking (including, for example, the date(s) of the Experience), and by doing so, Visitors agree that the original booking will be deemed canceled, and the adjusted booking will be considered for Acceptance.
Refunds will be provided for Visitor cancellation as follows. For Prepaid Experiences, Visitors will receive a refund of the Experience Fee (less the Deposit), if a Visitor cancels such Experience prior to Acceptance. Refunds for Prepaid Experiences canceled after Acceptance are subject to the discretion of the Host and NuMundo. NuMundo will endeavor to refund any amounts due to you within thirty (30) days of cancellation.
If you are a Host, NuMundo will endeavor to remit to you the fees described in the Services applicable to an Experience, less NuMundo’s Deposit fee (as agreed by NuMundo and Host, and further described on the Site and in the Services), within five (5) days of Host’s Acceptance of the Experience booking , subject to certain minimum wire transfer requirements described more fully below. Such fees will be paid to Host in accordance with the payment information provided by the Host to NuMundo through the Services, and Host is solely responsible for ensuring such information remains accurate and up to date. Host will be responsible for all taxes in connection with the Experiences (excluding taxes based on NuMundo’s net income). If Host disputes any payments, Host must let NuMundo know within sixty (60) days after the date that NuMundo pays you. NuMundo aims to provide the best and most comprehensive experience-booking services, and values your use of the NuMundo to make your Experiences available to our network of users.Third Party Credit Card and Wire Payment Processors:
NuMundo uses Stripe to securely accept credit card payments from Visitors, and to remit payment directly to Hosts. By using the Services to process payment by credit card, you agree to Stripe’s checkout terms, available at https://stripe.com/us/checkout/terms , as may be updated from time to time by Stripe. In situations where Stripe does not support payment in the Host’s location or applicable currency, NuMundo may use a third party wire transfer service to remit payment to the Host in accordance with these Terms of Service. NuMundo will not initiate wire transfer to a Host unless and until Host’s account with NuMundo is credited with $2000 USD or more. Hosts may request wire transfer to be initiated for less than $2000 USD (but at least $10), provided that the fee(s) payable with respect to such wire transfer (approx $30) shall be deducted from Host’s account, or, if no funds remain in Host’s account as a result of the wire transfer, from the amount to be wired to Host.Third Party Cryptocurrency Payment Processors:
NuMundo uses Coinpayments, Inc. to securely accept cryptocurrency payments from Visitors. By using the Services to process payment by cryptocurrency, you agree to Coinpayments, Inc. Terms (https://www.coinpayments.net/help-terms) and User Agreement (https://www.coinpayments.net/downloads/CoinPayments_User_Agreement.pdf), as may be updated from time to time by Coinpayments, Inc.User Conduct:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by NuMundo. NuMundo reserves the right to investigate and take appropriate legal action against anyone who, in NuMundo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.Commercial Use:
Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by NuMundo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by NuMundo from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of NuMundo, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by NuMundo.
The NuMundo name and logos are trademarks and service marks of NuMundo (collectively the “NuMundo Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to NuMundo. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NuMundo Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of NuMundo Trademarks will inure to our exclusive benefit.Third Party Material:
Under no circumstances will NuMundo be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that NuMundo does not pre-screen content, but that NuMundo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, NuMundo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by NuMundo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.User Content Transmitted Through the Services:
With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant NuMundo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in any form, medium or technology now known or later developed (collectively “License’) in connection with the operation of the Services. Additionally, Hosts agree that NuMundo may use, and hereby grants and will grant to NuMundo the foregoing License in connection with the promotion, advertising, or marketing of the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to NuMundo are non-confidential and NuMundo will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that NuMundo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of NuMundo, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.Copyright Complaints:
NuMundo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify NuMundo of your infringement claim in accordance with the procedure set forth below.
NuMundo will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to NuMundo’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, NuMundo will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, NuMundo has adopted a policy of terminating, in appropriate circumstances and at NuMundo's sole discretion, users who are deemed to be repeat infringers. NuMundo may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Payment processing services for Hosts on NuMundo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a Host on NuMundo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of NuMundo enabling payment processing services through Stripe, you agree to provide NuMundo accurate and complete information about you and your business, and you authorize NuMundo to share it and transaction information related to your use of the payment processing services provided by Stripe.
Os serviços de processamento de pagamento de Hosts em NuMundo são fornecidos pela Stripe e estão sujeitos ao Stripe Connected Account Agreement (Contrato de Conta Vinculada da Stripe), que inclui os Stripe Terms of Service(Termos de Serviço da Stripe, conjuntamente, “Stripe Services Agreement”, Contrato de Serviços da Stripe). Ao concordar com acordo ou continuar a operar como Host em NuMundo, você aceita o Contrato de Serviços da Stripe, que pode ser alterado pela Stripe periodicamente. Como condição da utilização de serviços de processamento de pagamento pela NuMundo por meio da Stripe, você concorda em fornecer a NuMundo informações precisas e completas sobre você e sua empresa e autoriza NuMundo a compartilhá-las, além das informações de transações relacionadas ao seu uso dos serviços de processamento de pagamento fornecidos pela Stripe.
Los servicios de procesamiento de pago para Host en NuMundo son proporcionados por Stripe y están sujetos al Acuerdo de cuentas conectadas de Stripe (Stripe Connected Account Agreement), que incluye los Términos de servicio de Stripe (Stripe Terms of Service), en conjunto, el “Acuerdo de servicio de Stripe” (“Stripe Services Agreement”). Al aceptar este acuerdo o seguir operando como Host en NuMundo, usted acepta cumplir las obligaciones del Acuerdo de servicios de Stripe, que puede ser modificado por Stripe de tanto en tanto. Para que NuMundo pueda ofrecer servicios de procesamiento de pagos a través de Stripe, usted acepta proporcionar a NuMundo información completa y exacta sobre usted y su negocio, y autoriza a NuMundo a compartir dicha información y los datos de las transacciones relacionadas con el uso de los servicios de procesamiento de pago proporcionados por Stripe.
NuMundoのホストの支払い処理サービスはStripeによって提供され、 Stripe Connected Account Agreement に従います。これにはストライプ利用規約（総称して「ストライプサービス契約」）。 [本契約/これらの条項など]に同意するか、またはNuMundoのホストとして継続して運営することにより、ストライプサービス契約に拘束されることに同意するものとします。 NuMundoがStripeを通じて支払い処理サービスを可能にする条件として、あなたはNuMundoにあなたとあなたのビジネスに関する正確で完全な情報を提供することに同意し、NuMundoがStripeが提供する支払い処理サービスの使用に関連する取引情報とその情報を共有することを承認します。
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. NuMundo has no control over such sites and resources and NuMundo is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that NuMundo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that NuMundo is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold NuMundo and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUMUNDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NUMUNDO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NUMUNDO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NUMUNDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL NUMUNDO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NUMUNDO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and NuMundo, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and NuMundo are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND NUMUNDO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NUMUNDO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).Pre-Arbitration Dispute Resolution
NuMundo is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to NuMundo should be sent to firstname.lastname@example.org . The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If NuMundo and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or NuMundo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by NuMundo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or NuMundo is entitled.Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless NuMundo and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, NuMundo agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, NuMundo will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, NuMundo will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, NuMundo will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, NuMundo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending NuMundo written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that NuMundo, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if NuMundo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. NuMundo may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that NuMundo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that NuMundo will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and NuMundo will have no liability or responsibility with respect thereto. NuMundo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at NuMundo, Inc. 2515 1/2 Durant St. PO Box 404, Berkeley, CA 94704
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.