TERMS OF AGREEMENT
- Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding
terms of your use of the App and your membership in the Service. This Agreement may be modified by MELD from time to time, such modifications to be effective upon posting by MELD in the App. This Agreement includes MELD's Acceptable Use Policy for Content Posted in the App,
- Electronic Form. By accessing the App or becoming a Member, you consent to have this
Agreement provided to you in electronic form.
You must be at least eighteen (18) years of age to register as a member of MELD or use the App. Membership
in the Service is void where prohibited. By using the App, you represent and warrant that you have the right,
authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this
Agreement. If you become a Member, you represent and warrant that you have never been convicted of a
felony and that you are not required to register as a sex offender with any government entity. By using the
MELP App you attest that you are indeed a working professional
Membership and Subscription; Pricing
You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in
some, but not all, of the features and services available within the Service. In order to access additional
features and services, including the ability to communicate with other Members, you must become a paying
subscriber to the Service, after the end of your free trial period. The length of your free trial period will be
determined at the sole discretion of MELD. Please note that MELD has the right to cancel your subscription
and anytime, for any reason.
This Agreement will remain in full force and effect while you use the App and/or are a member. You may
terminate your membership and/or subscription at any time, and for any reason. If you terminate your
subscription, your subscription will remain active until the end of your then-current subscription period
(that is, the subscription period through which you had paid prior to your termination), your membership
will remain until the service period has ended. If MELD terminates your membership in the Service because
you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
All decisions regarding the termination of accounts shall be made in the sole discretion of MELD. MELD is
not required to provide you with notice prior to terminating your membership and/or subscription. MELD is
not required, and may be prohibited, from disclosing a reason for the termination of your account. After
your membership or subscription is terminated, all terms that by their nature may survive termination of
this Agreement shall be deemed to survive such termination.
Non-commercial Use by Members
The App is for the personal use of individual Members only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or businesses may not become Members and should
not use the Service or the App for any purpose. Illegal and/or unauthorized uses of the App, including
collecting usernames and/or email addresses of members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of the App may be investigated, and appropriate legal
action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the App is with
the permission of MELD, which may be revoked at any time, for any reason, at MELD's sole discretion.
You are responsible for maintaining the confidentiality of the “Facebook” and “Linkedin” login APIs that you
designate during the Registration process, and you are fully responsible for all activities that occur on your
account. You agree to immediately notify MELD of any unauthorized use of your account or any other breach
of security. MELD will not be liable for any loss or damage arising from your failure to comply with this
provision. You should use particular caution when accessing your account from public places so that others
are not able to view or record your personal information.
Your Interactions with Other Members.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU
UNDERSTAND THAT MELD CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON
ITS MEMBERS. MELD ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS
OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MELD MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT
OR FUTURE MEMBERS. MELD RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND
CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND
USING AVAILABLE PUBLIC RECORDS.
- IN NO EVENT SHALL MELD BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING
OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE
USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS,
AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER
REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE
TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE
SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.YOU UNDERSTAND THAT
MELD MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE
COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT
PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT
INFORMATION) TO OTHER MEMBERS.
Content on MELD
- Proprietary Rights.
MELD owns and retains all proprietary rights in the App and the Service. The App contains the
copyrighted material, trademarks, and other proprietary information of MELD, and its licensors.
Except for that information which is in the public domain or for which you have been given written
permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information.
- Reliance on Content, Advice, Etc.
Opinions, advice, statements, offers, or other information or content made available through the
Service, but not directly by MELD, are those of their respective authors, and should not necessarily
be relied upon. Such authors are solely responsible for such content. MELD does not: (i) guarantee
the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse
or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by
any party that appears on the App. Under no circumstances will MELD or its affiliates be responsible
for any loss or damage resulting from your reliance on information or other content posted on the
App or transmitted to or by any Members.
Content on MELD
- You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the
Service, or transmit to other Members. You will not post on the Service, or transmit to other
Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates
another party's rights (including, but not limited to, intellectual property rights, and rights of privacy
and publicity). You will not provide inaccurate, misleading or false information to the Company or
to any other Member. If information provided to MELD or another Member, subsequently becomes
inaccurate, misleading or false, you will promptly notify MELD of such change.
- You understand and agree that MELD may review and delete any content, messages, double-blind
emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole
judgment of MELD violate this Agreement or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Members.
- By posting Content to any public area of MELD, you automatically grant, and you represent and
warrant that you have the right to grant, to MELD its affiliates, licensees and successors, an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
reproduce, adapt, modify and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to grant and authorize
sublicenses of the foregoing. You further represent and warrant that public posting and use of your
content by MELD will not infringe or violate the rights of any third party.
- The following is a partial list of the kind of Content that is illegal or prohibited on the App. MELD
reserves the right to investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such violators. It includes, but
is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or
- promotes information that is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated images,
audio or video, or links to pirated images, audio or video files;
- provides material that exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful
purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
- You may not engage in advertising to, or solicitation of, other Members. This includes but is not
limited to solicitation or advertising to buy or sell any products or services through the Service or to
attend parties or other social functions or networking for commercial purposes. You may not
transmit any chain letters or junk email to other Members. Although MELD cannot monitor the
conduct of its Members off the App, it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, we reserve the right to restrict the access to
members at our sole discretion.
- All information you include in your Member profile must be accurate, current and complete.
Subscriptions; Charges on Your Billing Account.
After the expiration of your Free trial period, MELD bills you for use of the Service. You agree to pay MELD all
charges at the prices you agreed to for any use of the Service by you or other persons (including your agents)
using your Account, and you authorize MELD to charge your chosen payment provider
(your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method.
MELD may correct any billing errors or mistakes that it makes even if it has already requested or received
payment. The terms of your payment will be based on your Payment Method and may be determined by
agreements between you and the financial institution, credit card issuer or other provider of your chosen
Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment
Method, we may in our discretion terminate your account immediately. If we successfully dispute the
reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account
or subscription reinstated.
- Automatic Renewal. Your subscription will continue indefinitely until cancelled by you. After your
initial subscription commitment period, and again after any subsequent subscription period, your
subscription will automatically continue for an additional equivalent period, at the price you agreed
to when subscribing. You agree that your account will be subject to this automatic renewal feature.
If you cancel your subscription, you may use your subscription until the end of your then-current
subscription term; your subscription will not be renewed after your then-current term expires.
However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for
the then-current subscription period. By subscribing, you authorize MELD to charge your Payment
Method now and again at the beginning of any subsequent subscription period. You also authorize
MELD to charge you for any sales or similar taxes that may be imposed on your subscription
payments. Upon the renewal of your subscription, if MELD does not receive payment from your
Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon
demand, and/or (ii) you agree that MELD may either terminate or suspend your subscription and
continue to attempt to charge your Payment Method provider until payment is received (upon
receipt of payment, your account will be activated and for purposes of automatic renewal, your new
subscription commitment period will begin as of the day payment was received).
- Current Information. You must provide current, complete and accurate information for your Billing
Account. You must promptly update all information to keep your Billing Account current, complete
and accurate (such as a change in billing address, card number or expiration date), and you must
promptly notify MELD if your Payment Method is canceled (including if you lose your card or it is
stolen), or if you become aware of a potential breach of security (such as an unauthorized
disclosure or use of your name or password). If you fail to provide MELD any of the foregoing
information, you agree that you are responsible for fees accrued under your Billing Account. In
addition, you authorize us to obtain updated or replacement expiration dates and card numbers for
you credit or debit card as provided by your credit or debit card issuer.
- Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that
MELD is authorized to charge your Payment Method. MELD may submit those charges for payment
and you will be responsible for such charges. This does not waive MELD’s right to seek payment
directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise
described when you initially subscribed to the Service.
- Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level
access to the Service must be used within the specified time of the trial. MELD will notify you as
when your trial period ends as your access to certain functionality on the App becomes restricted.
Modifications to Service.
MLED reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that MELD shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other MELD Members. MELD reserves the right, but has
no obligation, to monitor disputes between you and other Members.
When you become a Member, you agree and consent to receive email messages from us and our affiliates.
These emails may be transactional or relationship communications relating to the Service, such as
administrative notices and service announcements or changes, or emails containing commercial offers,
promotions or special offers from us. You acknowledge and agree that your email address and other
personal informational maybe used by MELD and our affiliates for the purpose of initiating commercial email
MELD is not responsible for any incorrect or inaccurate Content posted on the App or in connection with the
Service, whether caused by users of the App, Members or by any of the equipment or programming
associated with or utilized in the Service. MELD is not responsible for the conduct, whether online or offline,
of any user of the App or Member of the Service. MELD assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, user or Member communications. MELD is not
responsible for any problems or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any App or combination thereof, including
injury or damage to users and/or Members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the Web and/or in connection with the Service.
Under no circumstances will MELD or any of its affiliates, advertisers, promoters or distribution partners be
responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the
App or the Service, any Content posted on the App or transmitted to Members, or any interactions between
users of the App, whether online or offline. The App and the Service are provided “AS-IS” and MELD expressly
disclaims any warranty of fitness for a particular purpose or non-infringement. MELD cannot guarantee and
does not promise any specific results from use of the App and/or the Service.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may
be posted in the App is for informational and entertainment purposes only and is not intended to
replace or substitute for any professional financial, medical, legal, or other advice. MELD makes no
representations or warranties and expressly disclaims any and all liability concerning any treatment,
action by, or effect on any person following the information offered or provided within or through
the App. If you have specific concerns or a situation arises in which you require professional or
medical advice, you should consult with an appropriately trained and qualified specialist.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will MELD be liable to you or any third
person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost
profits arising from your use of the Web site or the Service, even if MELD has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein, MELD's liability to you for any
cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid,
if any, by you to MELD for the Service during the term of membership.
Arbitration and Governing Law.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this
Agreement (including any alleged breach thereof), the Service, or the App shall be BINDING ARBITRATION
administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is
that you have the right to bring an individual claim against MELD m in a small-claims court of competent
jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances
commence or maintain against MELD any class action, class arbitration, or other representative action or
- Notice of Rights. By using the App or the Service in any manner, you agree to the above arbitration
agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims
between you and MELD (except for matters that may be taken to small-claims court). YOU ALSO
GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your
rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a
fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should
note that arbitration proceedings are usually simpler and more streamlined than trials and other
judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by
a court only for very limited reasons.
- Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding
to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent
jurisdiction within the state of California. In the event that this arbitration agreement is for any
reason held to be unenforceable, any litigation against MELD may be commenced only in the
federal or state courts located in the state of California. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and MELD, shall be governed by the
laws of the state of California without regard to principles of conflicts of law, provided that this
arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by You
You agree to indemnify and hold MELD, its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made
by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party
beneficiaries to this Agreement.
Advertisements and Promotions: Third-Party Products and Services
MELD may run advertisements and promotions from third parties on the app or may otherwise provide
information about or links to third-party products or services on the app. Your business dealings or
correspondence with or participation in promotions of such third parties and any terms or conditions,
warranties or representations associated with such dealings or promotions are solely between you and such
third party. MELD is not responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or promotions or as the result of the presence of such non-MELD advertisers or third party
information on the app
Other and Amendments
This Agreement contains the entire agreement between you and MELD regarding the use of the App and/or
the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect. This Agreement is subject to change by MELD at any time. If you are a non-subscribing
Member at the time of any change, the revised terms will be effective upon posting in the App and your use
of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a
subscribing Member at the time of any change, this Agreement will continue to govern your membership
until such time that you renew your subscription. If you continue your subscription, your renewal will
constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at
such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.