These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Subscriber,” “User,” “you” or “your”) and My Value Prop LLC, a New York limited liability company (“My Value Prop,” “MVP,” “we,” “us,” or “our”), governing your access to and use of the website located at myvalueprop.com and all related services, content, and newsletter publications (collectively, the “Service”).
These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. NOTE THAT SECTION 14 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES RELATING TO THE OPERATION OR USE OF THE SERVICE.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN SECTION 14, YOU MAY NOT ACCESS OR USE THE SERVICE.
Important Notices
To use the Service, you must:
By using the Service, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Service. My Value Prop reserves the right to terminate accounts where eligibility requirements are not met.
In order to access and use certain areas or features of the Service, including to make any purchase through the Service, you will need to register for an account (an “Account”). By creating an Account, you agree to:
You may only have one Account, and such Account will be used across all applicable services.
As part of activating your Account, you are required to provide us with a valid email address. By creating an Account, you also consent to receive electronic communications from My Value Prop (e.g., via email, text message, or by posting notices to the Service). These communications may include operational notices about your Account (e.g., payment authorizations, password changes and other transactional information) as well as marketing and promotional messages, and are part of your relationship with us. You can provide us with your consent to receive text messages in multiple ways, such as by providing us with your phone number on the Service, through communications or transactions with us, or by opting into receiving text messages. By providing consent, you authorize us to use automated or nonautomated technology to send text messages to the number associated with your consent. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. My Value Prop does not charge you for text messages. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Message frequency varies and may be changed by My Value Prop, in its discretion, from time to time, such that we may increase or decrease the total number of messages sent. Consent to receive automated text messages is not a condition of any purchase. To stop receiving messages, text the keyword “STOP” to the phone number you received messages from.
When permitted by law, we may also send you promotional communications via email, including newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
My Value Prop’s personal information practices, including the collection, use and/or disclosure of your personal information, are governed by My Value Prop’s Privacy Notice at myvalueprop.com/privacy.html. We reserve the right to modify our Privacy Notice from time to time. While using the Service and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to the Service.
The Service is offered in three paid subscription tiers, which are provided on an automatically renewing subscription basis requiring recurring payments until canceled (each, a “Subscription”):
| Tier | Price |
|---|---|
| Starter | $10 per month |
| Premium | $25 per month |
| Elite | $50 per month |
Features and benefits available in each tier are described on the pricing page at myvalueprop.com/pricing.html, and are hereby incorporated into these Terms by reference. We reserve the right to modify tier features and benefits with or without notice.
From time to time, to the extent legally permitted, we may offer free or discounted trials for specified periods of time without payment. If we offer you a trial, the specific terms of your trial will be provided in the marketing materials describing the particular trial or at registration. At the end of the trial period, your selected Subscription will automatically begin and we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your trial. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 4.4 BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN.
Each person is eligible for one free trial per person. My Value Prop reserves the right to terminate trials at any time, without notice and in our sole discretion.
WHEN YOU PURCHASE A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MY VALUE PROP (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A REGULAR MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED WILL BE PROVIDED TO YOU BEFORE YOU COMPLETE THE CHECKOUT PROCESS, (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE IN ACCORDANCE WITH THESE TERMS, AND (D) WE MAY CHANGE THE PRICE FOR A SUBSCRIPTION AT ANY TIME FOR ANY REASON.
You may cancel your Subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of the paid period. To cancel your Subscription, access the Subscriber portal through the link provided in your Subscription confirmation email or contact us via the Support page at myvalueprop.com/support.
TO AVOID BEING CHARGED FOR THE NEXT MONTHLY PERIOD, YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR SCHEDULED BILLING DATE.
In the event you cancel your Subscription, please note that we may still send you promotional communications about My Value Prop, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Subscription (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your Account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription or Account, as applicable, you remain responsible for any uncollected amounts and, with respect to your Subscription, authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
All prices on our Service are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various Subscription plans, we will provide advance notice of such changes in accordance with Section 2. We will not, however, be able to notify you of changes in any applicable taxes.
Where required by law, we will collect applicable sales, use and other tax (collectively, “Tax”) applicable to your Subscription. If a Subscription is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
My Value Prop does not offer refunds for partial Subscription periods. If you cancel during a billing period, your Subscription will remain active through the end of that period but will not renew. Exceptions may be made at the sole discretion of My Value Prop in cases of documented billing errors.
You are not permitted to resell or otherwise use the Service for commercial purposes.
My Value Prop may, from time to time and at our discretion, offer the MVP Refer-a-Friend Referral Program (“Referral Program”). When available, the Referral Program is open to individuals who meet the eligibility requirements set forth in Section 1 of these Terms and have a valid Account. Participating in our Referral Program is subject to your compliance with our Referral Program Terms and Conditions at myvalueprop.com/referrals.html, which are hereby incorporated into these Terms by reference.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Service. You agree not to use the Service to:
All content, materials, features and functionality (including but not limited to the pick selection methodology, scoring models, analysis text, newsletter templates, scoreboard data, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) available via the Service (the “Content”) are owned by My Value Prop and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. WE ATTEMPT TO DISPLAY THE CONTENT, INCLUDING PRICING AND BENEFITS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT. IN THE EVENT OF AN ERROR ON OUR SERVICE, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Service and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell, resell our Service and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service and the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Service and the Content other than for their intended purposes. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Service or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.
All trademarks, trade names and logos appearing on or through the Service are owned or licensed by us. The “My Value Prop” name and logo and all other My Value Prop names, marks, logos and other identifiers are trademarks and service marks of My Value Prop. You may not use or display any My Value Prop trademarks, trade names, or logos without our prior written permission. We reserve all rights.
The scoreboard at myvalueprop.com displays a historical record of picks recommended by the Service, automatically graded against actual game results. This data is provided for informational and transparency purposes only. Past performance may not be indicative of future results.
You acknowledge that: (a) the scoreboard represents paper (hypothetical) tracking and does not account for actual sportsbook juice, line movement, or account-specific restrictions; (b) individual subscriber results will vary based on the timing of bets placed, lines available at time of wagering, and other factors; (c) historical performance is not indicative of future results; and (d) the record shown reflects picks meeting the Service’s confidence and edge thresholds and may not represent all picks generated by the underlying model.
The Service may contain links to third-party websites, products, services (including, for example, third-party sportsbooks and gambling platforms) (each, a “Linked Third-Party Service”) and may redirect to such linked Third-Party Services. Such links do not constitute or imply My Value Prop’s approval, sponsorship or endorsement of any Linked Third-Party Service. When you access and use a Linked Third-Party Service, you are subject to that third party’s terms and conditions of use and privacy policy and you agree that My Value Prop is not responsible for and has made no representations or warranties, express or implied, regarding any Linked Third-Party Service and that My Value Prop shall have no liability relating to such Linked Third-Party Service. Any rights, claims or actions you may have in respect of a Linked Third-Party Service can only be brought directly against the provider of that Linked Third-Party Service.
YOU UNDERSTAND AND AGREE THAT WE DO NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE SERVICE OR CONTENT. SPECIFICALLY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, UNLESS EXPRESSLY OTHERWISE STATED BY MY VALUE PROP AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MY VALUE PROP AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE “MVP PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICE OR CONTENT (INCLUDING, BUT NOT LIMITED TO LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY MVP PARTY, OR FROM EVENTS BEYOND THE MVP PARTIES’ REASONABLE CONTROL, SUCH AS SERVICE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE MVP PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE MVP PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF SERVICES PURCHASED FROM MY VALUE PROP EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE MVP PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
To the fullest extent permitted by applicable law, you release the MVP Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Service or any Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE ARISING OUT OF THESE TERMS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ALSO WAIVE ANY RIGHTS YOU MAY HAVE WITH RESPECT TO THIRD PARTY DISPUTES UNDER ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MVP PARTIES FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, PENALTIES, AWARDS, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO: (A) YOUR USE OR MISUSE OF THE SERVICE; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION; OR (D) ANY BETTING OR GAMBLING ACTIVITIES YOU ENGAGE IN BASED ON THE SERVICE.
My Value Prop reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that My Value Prop would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS AGAINST ANY MVP PARTIES THAT IN ANY WAY ARISE OUT OF OR RELATE TO THE OPERATION, OR YOUR USE, OF THE SERVICE OR CONTENT (“DISPUTES”) AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US IN SUCH DISPUTES.
YOU AND MY VALUE PROP AGREE THAT EACH MAY BRING CLAIMS OR OTHERWISE RESOLVE DISPUTES AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Further, you and My Value Prop agree that a Dispute will not be brought as a class or other type of representative or coordinated action or proceeding, whether within or outside of arbitration, or on behalf of you or any other individual or group of individuals.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY DISPUTE BROUGHT BY YOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, AND THAT THEREAFTER SUCH CLAIM OR CAUSE OF ACTION WILL FOREVER BE BARRED.
BY AGREEING TO THESE TERMS, BOTH YOU AND MY VALUE PROP ARE WAIVING THE RIGHT TO A JURY TRIAL ON CERTAIN DISPUTES THAT MAY ARISE.
Except for Disputes (i) arising out of or related to a violation of Section 6 (“Appropriate Use Dispute”); (ii) in which either party seeks to bring an individual action in small claims court and that qualifies to be filed in small claims court (“Small Claims Dispute”); or (iii) in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including copyrights, trademarks, trade names, logos, trade secrets or patents (“IP Injunctive Dispute”), you and My Value Prop agree to arbitrate all Disputes between you and us. If a Dispute arises between you and us relating to the Service, Content or these Terms, you and we agree that the Dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”).
You and My Value Prop agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to My Value Prop shall be sent by certified mail or courier to 418 Broadway STE N Albany, NY 12207. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 2, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and My Value Prop cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the receiving party, then either you or My Value Prop may, as appropriate and in accordance with this section, commence an arbitration proceeding or, solely in the case of an Appropriate Use Dispute, Small Claims Dispute, or IP Injunctive Dispute, file such action in court.
You and we agree to the following rules relating to any arbitration proceeding:
YOU AND MY VALUE PROP WAIVE ANY RIGHT TO BRING DISPUTES BEFORE ANY COURT OF LAW, (EXCEPT IN THE CASE OF AN APPROPRIATE USE DISPUTE, SMALL CLAIMS DISPUTE, OR IP INJUNCTIVE DISPUTE). RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
The venue for all Disputes arising under these Terms (including both arbitrated Disputes and court actions in any Appropriate Use Dispute, Small Claims Dispute, or IP Injunctive Dispute) shall be in Albany County, New York, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions.
These Terms affect interstate commerce and the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, My Value Prop will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
If twenty-five (25) or more similar claims are asserted against My Value Prop at or around the same time by the same or coordinated counsel or are otherwise consistent or coordinated (and your claim is one such claim), you understand and agree that the resolution of your claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules for Multiple Case Filings. Fifty (50) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, twenty-five (25) of which will be selected by the claimants and twenty-five (25) of which will be selected by My Value Prop. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein.
If the parties are unable to resolve the remaining claims after the conclusion of the initial fifty (50) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which My Value Prop will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then one hundred (100) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, fifty (50) of which will be selected by the claimants and fifty (50) of which will be selected by My Value Prop. (If there are fewer than one hundred (100) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the one hundred (100) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which My Value Prop will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims.
Any applicable statute of limitations on your claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Additional Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Additional Mass Arbitration Procedures” and, if necessary, to enjoin the filing or prosecution of arbitration demands against My Value Prop. Should a court of competent jurisdiction decline to enforce these “Additional Mass Arbitration Procedures,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees. If this Section 14.4 is deemed unenforceable as to a particular claimant or batch, then it shall be severed as to that claimant or batch, and those parties shall arbitrate in individual proceedings in accordance with this Section 14.
You and My Value Prop agree that these Terms and any Dispute between you and My Value Prop relating to your use of the Service or Content will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws provisions. You and My Value Prop each agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the federal or state courts located in Albany County, New York. You and My Value Prop each consent to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and My Value Prop agree that My Value Prop may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
If you are located outside of the United States and access the Service or submit your personal information to us, U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit our Service or contact us from outside of the United States, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States; and (ii) that by using our Service or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with our Privacy Notice.
We reserve the right to modify these Terms at any time. If we make changes, we will post the amended Terms to our Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Service. Revisions are effective and binding when posted on the Service. Continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms. The current version of the Terms is always available at myvalueprop.com/terms.
You and My Value Prop each reserve the right to suspend or terminate our relationship with regard to the Service at any time, with or without cause, with or without notice. In addition, we may deactivate, terminate or suspend your Account at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for My Value Prop; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Service or Content, or (e) due to unexpected technical issues or problems. We may also stop providing the Service or create limits on use of the Service (in each case, whether specifically to you or generally). Upon termination, your right to use the Service ceases immediately.
Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
For questions about these Terms, please visit myvalueprop.com/support.
My Value Prop LLC · myvalueprop.com · support@myvalueprop.com