Terms of Service
Mesh Terms of Service
Effective Date: September 1, 2021
Mesh Digital Services, Inc. (“Mesh”, “we,” “us” or “our”) is excited to share its services with you. These Terms of Service (“Agreement”) outline our agreement with respect to the use of our technology platform, mobile application, and any related website or service to which this Agreement is linked or is referenced (collectively the “Services”).
1. YOUR AGREEMENT TO THE MESH TERMS OF SERVICE
Before accessing and using the Services, please read this entire Agreement carefully. This is a binding agreement between Mesh and you. After reading this agreement, if you use the Services you agree that you have read and understood this Agreement and any policies we refer to below. You also confirm that you are at least eighteen years of age and are legally capable of entering into a binding agreement. The Mesh Services are not available to any individual under the age of eighteen.
This Agreement contains sections entitled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” Please read these carefully, as they limit Mesh’s liability to you and affect how disputes are resolved. If you do not agree to any term of this Agreement, please do not use the Services.
The Effective Date of this Agreement is set forth above. If we decide to change these Terms of Service, we will post the new version here so that you will be able to review the new terms. We may change this Agreement at our discretion and at any time, so please review this page periodically. If we make material changes to this Agreement, we will post those changes here and will try to notify you via email or by posting a notice on our home page. Your continued use of the Services after the Effective Date or after we’ve notified you of changes constitutes your acceptance of this Agreement as well as any changes. If you decide that you no longer agree to these Terms of Service (as amended), you may no longer use the Service and you may close your account. Should we update or change the Services (or any mobile application), this Agreement will continue to apply to that updated service or application.
2. MESH SERVICES
Mesh offers a seamless, frictionless way for professionals, consumers, and other Mesh customers to verify professional licenses and certifications. Mesh provides this service by automatically checking professionals’ certification statuses with governmental and other institutions both in real-time and on an agreed schedule. The Mesh Services allow professionals, businesses, and consumers to have the assurance that all required licenses and certifications are up to date without the need to manually search multiple databases or governmental websites to find accurate information.
In order to provide the Services, Mesh must exchange information and data with third-party services. Please review the Mesh Privacy Statement for a thorough description of how Mesh collects, uses, and shares data in order to provide the Services. By using the Mesh Services, you acknowledge and agree with the Mesh Privacy Statement and consent to the use of your data as described in that Privacy Statement.
Mesh also provides its website (www.mesh.id) to describe its services, provide customers with information, etc. Mesh and its licensors (if any) retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos, and other content (collectively, “Mesh Content”). The name "Mesh" and the Mesh Logo, and other trademarks or service marks used in the Services are trademarks/service marks of Mesh or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Mesh that appear in the Services (if any) are the property of their respective owners.
Except for content that is in the public domain or unless Mesh provides you with written authorization to do so, you may not:
- Incorporate any Mesh Content into any other work (such as your own website) or use Mesh Content publicly or commercially.
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Mesh Content in any form or by any means; or
- Change or remove any notices about copyright, trademarks, or other intellectual property rights that may be part of the Mesh Content.
MESH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY.
3. USING THE SERVICES
In order to use the Services (other than the general website), you must create an account (“Account”). You must maintain your Account information to ensure that it remains current, complete, and accurate. If you provide untrue, incomplete, misleading, or inaccurate information, we have the right to terminate your Account and your use of the Services.
You must protect the security of your Account, as you are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. Mesh will treat all access to the Services through your login credentials as authorized by you. Please immediately notify us using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your Account or password.
You are responsible for both any software, hardware, and Internet service needed to access and use the Services and any data and other fees related to your use of the Services.
If we offer any text services (SMS or MMS) services, message and data rates may apply. If you opt-in to receive text messages, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Text message services (if any) are provided on an “as is” basis and may not be available in all areas at all times. By agreeing to receive text messages, you understand and agree that we may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
We do not guarantee the availability of the Services. Mesh may from time to time perform upgrades, updates, or otherwise make the Services unavailable. To the maximum extent allowed by law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing the Services at any time without notice. Except as provided in our customer agreements, Mesh has no obligation to provide access or support for the Services.
You may only use the Services for lawful, non-commercial purposes. You shall not (either directly or indirectly):
- Breach, test, circumvent (or attempt to breach, test, or circumvent) any security, copy protection, or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts, or Mesh's computer systems or networks.
- Copy, modify, translate, adapt, or otherwise create derivative works or improvements of any part of the Services.
- Decompile, reverse engineer, disassemble, or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction).
- Remove, alter or obscure any copyright, trademark, or other intellectual property or proprietary notices contained in the Services.
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services.
- Use the Services to advertise, buy or sell any products or services.
- Reformat or frame any portion of the web pages that are part of the Services.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
- Create an Account under fraudulent pretenses; or
- Collect or store personal or confidential data about any other user without his or her express prior written consent.
If you use Mesh's Taxpayer Identification Number matching service, in addition to the requirements above, you must:
- Comply with all requirements of the IRS Revenue Procedure 2003-9.
- Provide Mesh with only those name/TIN combinations relating to accounts for which a reportable payment has been or will be made.
- Not duplicate TIN/name submissions to the service for matching; and
- Maintain the confidentiality of all information obtained through the service according to the requirements of Section 31.3406(f)-1 of the Employment Tax Regulations.
If you violate these Terms of Service, Mesh reserves the right to suspend or terminate your Account.
YOU UNDERSTAND THAT MESH MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Mesh may from time to time offer Services where you and other users can share suggestions, ideas, or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions. By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations under this Agreement;
- Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
- Your Submission does not violate the privacy, publicity, intellectual property, or other rights of any other person or entity.
Mesh has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allowing posting of any Submission. MESH TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
By sharing your Submissions, you grant Mesh and our designees or sub-licensees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and Mesh's other products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
Please do not disclose any personal data in your Submissions. Other users of the Services may see and use any personal data you include in your Submissions.
5. DISCLAIMER OF WARRANTIES
Each party represents and warrants that it has the power and authority to enter into and accept these Terms of Service. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Mesh specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use, and all warranties implied from any course of dealing or usage of trade. Mesh does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free, or (c) errors will be corrected. Your use of the Services is at your own risk.
6. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
In no event will Mesh be liable for any indirect, special, exemplary, incidental, or consequential damages or any other damages related in any way to the loss of data, Mesh Content, revenue, profits, or any other economic advantage relating in any way to or arising from this Agreement or your use of the Services (including but not limited to your accessing or use of, or the inability to access or use the Services), regardless of cause and regardless of any contract, tort, negligence or other theory even if the party from whom damages are sought has been advised of the possibility of such damages. These limitations do not apply to damages caused by your breach or related to any indemnity obligation. In no event shall Mesh’s aggregate liability exceed $500.00. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that Mesh would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
You agree to defend, indemnify, and hold harmless Mesh, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services.
8. GOVERNING LAW AND DISPUTE RESOLUTION
All matters relating to this Agreement or the Mesh Services, and any dispute or claim arising therefrom or related thereto will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington any other jurisdiction).
In the event a dispute arises between you and Mesh, at the request of either you or Mesh, all claims will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration will be conducted in Seattle, Washington, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. IF EITHER YOU OR MESH CHOOSE ARBITRATION, NEITHER YOU NOR MESH HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT OR TO HAVE A JURY TRIAL AND CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
If no arbitration request is made by either side, any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Mesh Services will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in Seattle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO 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 the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
Mesh Digital Services, Inc.
2093 Philadelphia Pike, #6040
Claymont, DE 19703
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding the use of the Services by sending a letter to the attention of “Legal Department” at the above address.
You may terminate your Account at any time for any reason effective upon written notice to us. Mesh reserves the right immediately to suspend or terminate your account and access to the Services without notice if you violate this Agreement.
Termination of your Account for any reason will not limit any of Mesh's other rights or remedies and any provision of this Agreement that is by its terms intended to survive termination shall survive termination of this Agreement.
11. COPYRIGHT PROTECTION
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer and include the following information: (1) the copyright owner’s name and address; (2) details about the allegedly infringed work; (3) location data to which the claimed infringement relates; and (4) the date(s) and time(s) of the alleged infringement.
Contact our copyright compliance officer at
Mesh Digital Services, Inc.
2093 Philadelphia Pike, #6040
Claymont, DE 19703
12. ADDITIONAL TERMS: LINKS TO OTHER WEBSITES AND SERVICES
If the Services contain features offered by third parties, those features may be subject to additional terms to which you must agree. If you do not agree to such additional terms, then you may not use the Services to which they relate.
The Services also may contain links to other websites and services that are controlled or offered by parties other than Mesh. Mesh is not responsible for any such services or for any information or materials on, or any form of transmission received from, any such service. The inclusion of a link does not imply endorsement by Mesh of any third-party service or any association with the operators of such a service. These links and services are provided for your convenience only and access them at your own risk.
13. MOBILE APPLICATIONS
If you download our application(s) from a third-party app store (the “App Provider”), you acknowledge and agree that (i) this Agreement is an agreement between us and not with the App Provider; (ii) the App Provider has no obligation to provide any maintenance and support services with respect to the applications; (iii) if the applications fail to conform to any applicable warranty, you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable). The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications.
The App Provider and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your license to the applications. Upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the applications against you as a third-party beneficiary thereof. You must also comply with all applicable third-party terms of service when using the applications.
We may provide any notice to you under this Agreement or in connection with the Services by: (i) sending a message to the email address you provide or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Personal data collected by the Services will be used and shared in accordance with applicable law. For information about how the Services collect and process personal data, please see the Mesh Privacy Statement [here].
16. GENERAL TERMS
This Agreement (i) inures to the benefit of and will be binding upon Mesh's and you and your successors and assigns, respectively, and (ii) may be assigned by Mesh. You may not assign this Agreement without the prior express written consent of Mesh. This Agreement contains the entire understanding by and between Mesh and you with respect to the matters contained herein. If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein. If either of us fails to perform any term of this Agreement and the other party does not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this Agreement will be deemed to constitute Mesh or you as the agent or representative of the other or as joint venturers or partners. The headings and captions contained herein are for convenience only.
If you have a question about the Services, please contact Mesh via email at firstname.lastname@example.org
Mesh Digital Services, Inc.
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