Last Updated: [16 – 05 – 2025]
Maisonlink is a technology-driven company committed to enhancing individuals’ decision-making capabilities by integrating the strengths of human and artificial intelligence. Our patented AI technology products are designed to scale personalized text-based conversations with consumers, using advanced natural language understanding, data insights, and personalization to engage users prior to direct interaction with a sales representative.
In these Terms of Use, the terms “Maisonlink,” “we,” “us,” or “our” refer to Maisonlink and its affiliates. “You,” “your,” or “user” denote individuals accessing or using any of Maisonlink’s services. These services include, but are not limited to, phone- and text-based platforms (collectively referred to as the “Maisonlink Mobile Services”), as well as our websites and web-based applications (referred to as the “Maisonlink Web App”), along with any other channels such as emails, notifications, or other mediums provided by Maisonlink.
1. Acceptance of Terms
By using Maisonlink’s services, you agree to be legally bound by these Terms of Use. If you are utilizing our services on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on the organization’s behalf, and such organization agrees to be bound by these Terms. Where an organization has a separate, signed agreement with Maisonlink, that agreement shall take precedence.
By accessing and using any of Maisonlink’s services, you acknowledge that these Terms constitute a binding legal agreement supported by valid consideration, including the right to access, receive, and transmit data through our services. You also confirm that you are legally capable of entering into such agreements, or have the authority to bind the represented entity.
2. Modifications to Terms
Maisonlink reserves the right to amend these Terms of Use at any time without specific notice to individual users. Revised Terms become effective immediately upon publication on the Maisonlink website. It is your responsibility to review these Terms periodically. Continued use of our services following changes signifies your acceptance of the updated Terms.
In the case of significant modifications, Maisonlink may notify users through its app, via text message, or by phone call. Non-material changes will be indicated solely by an update to the “Last Updated” date at the top of this document.
3. Consent to Communication
By utilizing Maisonlink’s services, you consent to receive phone calls and text messages from Maisonlink and its affiliated service providers. You authorize communication via the mobile number you provide, including future numbers you may share. These communications may involve automated dialing systems or prerecorded messages, and may be subject to carrier message and data rates. Your consent to receive such communications is not a condition of using our services. If you do not wish to receive calls or messages, you should refrain from using our services or providing your contact information.
You agree to indemnify and hold harmless Maisonlink and its service providers from any claims, damages, or liabilities arising from your failure to notify them of changes to your wireless number. You may revoke your consent at any time by replying “STOP” to text messages or requesting inclusion on our internal Do Not Call list. However, this revocation does not affect communications made in reliance on your prior consent.
4. Eligibility & Restrictions
Maisonlink’s services are intended solely for use by adults and are not directed to children under the age of 13. We do not knowingly collect personal data from minors. By using our services, you confirm that you are at least 18 years old and a resident or citizen of the United States or Canada.
5. Use of Services
Your access to Maisonlink’s services is personal, non-transferable, and contingent on your compliance with these Terms and our Privacy Policy. You are responsible for the security and accuracy of your account and any data or activity associated with your mobile number. You agree not to share access with individuals under the age of 18 or allow unauthorized use of your phone number in connection with our services.
You must provide accurate and up-to-date personal information, including your phone number, email, and any other requested data, during onboarding and throughout your use of the platform.
Unauthorized or prohibited use—including tampering with, modifying, embedding, scraping, or framing any part of the services without prior written consent—is strictly forbidden and may result in suspension or termination of your access.
6. Limitation of Liability and Service Availability
Maisonlink endeavors to maintain continuous service availability, but does not guarantee uninterrupted or error-free operation. We reserve the right to suspend or terminate services to any individual or group at our sole discretion and without notice.
We are not liable for losses resulting from service interruptions or delays, nor for unauthorized use of your account or mobile number. You are solely responsible for safeguarding access and promptly notifying us of any breach or unauthorized use.
7. Third-Party Services
Through Maisonlink’s platform, users may connect with third-party service providers. Maisonlink does not endorse or guarantee any services, products, or conduct of third-party providers. Engagements with these providers are undertaken solely at your own discretion and risk. Maisonlink is not liable for any claims, losses, or disputes arising from such interactions.
8. Disclaimer and Waiver
Maisonlink disclaims any responsibility for the availability, performance, or outcomes of services provided by third-party vendors, including legal, wellness, or healthcare professionals. Your decision to interact with any provider is at your own risk, and you waive any right to hold Maisonlink liable for any resulting damages.
Maisonlink reserves the right to exclude service providers from search results or listings if they fail to meet internal conduct and performance standards. We may also conduct background checks at our sole discretion; however, such checks do not constitute endorsements or alter our disclaimers.
9. Realtor Communication Requirement
In circumstances where a participating Realtor fails to provide necessary updates within a 24–72 hour period, Maisonlink reserves the right to terminate the agreement. Timely communication is vital to maintaining effective collaboration. Should such an issue arise, Maisonlink will provide notice to the Realtor before proceeding with any termination action.
10. Dispute Resolution
In the event of a dispute, you and Maisonlink agree to resolve the matter through binding arbitration, thereby waiving the right to trial by judge or jury. You may opt out of this arbitration clause by following the opt-out process detailed in our Legal Disputes section.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of the jurisdiction in which Maisonlink operates, without regard to conflict of law principles. Any legal action arising under these Terms must be initiated in the appropriate courts of that jurisdiction, unless resolved through arbitration.
12. Final Acknowledgment
By accessing and using Maisonlink’s services, you affirm your understanding and agreement to these Terms of Use. If you do not agree, please discontinue use of the platform immediately.
Disclaimer and Terms of Service
The information and materials provided on the Maisaonlink website (hereinafter referred to as “Website Content”), including text, graphics, images, and information obtained from Maisaonlink or other sources, are strictly intended for informational purposes. They should not be construed as a substitute for professional medical advice, diagnosis, or treatment. Users are strongly advised to consult a qualified healthcare professional for any concerns or queries regarding a medical condition. Users should never disregard professional medical advice or delay seeking it based on information obtained from the Maisaonlink website.
In the event of a medical emergency, users should immediately contact their healthcare provider or call emergency services. Maisaonlink does not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information mentioned on the website. Maisaonlink is not a provider of health or wellness services and cannot provide recommendations or referrals to such providers. Any reliance on the information provided by Maisaonlink, its employees, contributors, or other visitors to the website is solely at the user’s own risk.
Users should also be aware that the website may contain sexually explicit health-related materials. If users find such materials offensive, they may choose not to use the website.
Users who post any health-related information about themselves or others on the website do so at their own risk. If users post content regarding services provided to another individual, they represent that they have the legal authority to receive health information about that individual from their healthcare providers and to further disclose such health information. Users should be aware that any health-related information they post will become publicly available and will not be protected by federal or state laws that safeguard the privacy of health information. Users also acknowledge that the healthcare or wellness provider to whom they submit content may respond with service provider content that includes their private or confidential health information in response to the submitted content. Maisaonlink is not liable for any such service provider content.
Through the Maisaonlink services, users have the opportunity to connect with our partners, including real estate brokers, real estate information services, and other companies operating within the network. It should be noted that Maisaonlink neither endorses nor recommends the products or services of any service provider, nor does it act as an agent or advisor to users or service providers. Maisaonlink does not verify or investigate the licensing, certification, or other qualifications of service providers. It is the user’s responsibility to conduct their own research and evaluation of service providers before engaging with them. Users acknowledge and agree that service providers are solely responsible for the services they offer, and Maisaonlink cannot be held liable for any losses, costs, damages, or claims arising from the user’s use of a service provider’s products or services. Users are strongly advised to seek advice from financial advisors or other qualified professionals who are knowledgeable about their specific circumstances before making any financial decisions. Users acknowledge and agree that they rely on their own judgment and the guidance of such advisors when selecting products or services provided by service providers.
Maisaonlink does not provide lending or other financial services and does not serve as a direct agent of any lending institution or service provider. Instead, Maisaonlink may connect users with service providers based on the information they provide. Maisaonlink does not make credit decisions or issue real estate or financial products. Users are not charged a fee by Maisaonlink for its services, although service providers may pay fees to be matched with users.
By using Maisaonlink’s services, users release Maisaonlink from any liability for losses, costs, damages, or claims arising from the use of a service provider’s products or services, including any fees charged by the service provider.
If users transmit, submit, or post information to Maisaonlink’s services that is not federally trademarked or copyrighted, they grant Maisaonlink and its assigns a worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish, and/or incorporate such information in any media, including the content. In the case of federally trademarked or copyrighted information, users grant Maisaonlink and its assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish, and/or incorporate such information in any media, including Maisaonlink content.
Users are not allowed to transmit, submit, or post any information that violates Maisaonlink’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, violates any laws or regulations, is defamatory, obscene, explicit, vulgar, or harmful to Maisaonlink or third parties, contains viruses or malicious code that can harm or steal personal information, contains spam, is false or misleading, or constitutes a commercial advertisement or solicitation without Maisaonlink’s written consent.
Maisaonlink reserves the right to edit, reject, or remove any transmissions, submissions, or postings that do not comply with these terms. Users are solely responsible for all the information they transmit, submit, or post.
The use of user data by Maisaonlink is governed by the Privacy Policy, which explains how user data is collected, stored, and used by Maisaonlink. By using Maisaonlink’s services, users acknowledge and agree to the Privacy Policy. If users do not agree with the Privacy Policy, they should discontinue using Maisaonlink’s services immediately. Maisaonlink may use or disclose user data for necessary purposes, such as providing services, addressing technical issues, protecting Maisaonlink or other users, responding to emergencies, or complying with the law.
Users have authorized Maisaonlink to utilize and disclose user data as necessary for various purposes related to the provision of Maisaonlink’s services, subject to the Privacy Policy and these terms of service. These purposes include, but are not limited to, providing services, detecting and preventing security incidents, fraud, or unauthorized use of Maisaonlink’s services, responding to technical issues and user inquiries, ensuring the proper functioning of services, protecting Maisaonlink and its customers from harm or illegal activities, responding to emergencies that require the disclosure of user data, and complying with applicable laws, regulations, legal processes, or government requests.
The term “Law” refers to any legal statute, ordinance, regulation, rule, judgment, or order issued by a government, court, or competent jurisdiction. This includes data protection and privacy laws, laws related to user consent or notice, federal and state laws related to recording or monitoring communications, anti-spam laws and regulations, and any other applicable state, federal, or international laws and regulations.
Usage Restrictions, Partner Engagement, and Confidentiality
By using our services, you agree to comply with specific restrictions and obligations. You shall not transfer, resell, lease, license, or otherwise make our services available to any third party. You also agree to use our services in full compliance with all applicable laws, regulations, third-party rights, and the terms outlined in this agreement. It is your responsibility to ensure that Maisaonlink has the necessary rights to utilize your user data for the purpose of delivering its services.
Furthermore, you agree not to use the services in any manner that violates any applicable legal requirements. You are expressly prohibited from reverse engineering, decompiling, or disassembling any software provided by Maisaonlink, except to the extent expressly permitted by applicable law.
In the course of using our services, we may present you with opportunities to connect with our network of affiliated service or lead partners. Maisaonlink may receive compensation from such partners for generating leads or facilitating introductions.
If you choose to engage with a Service or Lead Partner through Maisaonlink, you acknowledge that any products or services offered by the partner are purchased directly from that entity. Maisaonlink is not a party to any agreement between you and the Service or Lead Partner and assumes no responsibility or liability for their products, services, related content, or any claims or disputes that may arise from such engagements.
Ownership and Confidentiality
At Maisaonlink, we value your privacy and take the protection of your confidential information seriously. Should you choose to provide feedback, suggestions, or comments regarding our services, we may use such feedback without any obligation to compensate you.
Both parties agree not to disclose any Confidential Information to any third party without prior written consent from the disclosing party, except as otherwise permitted by these Terms. Maisaonlink may use and disclose your Confidential Information as reasonably necessary to provide the services, including facilitating leads to our affiliated partners.
The receiving party is required to exercise reasonable care in safeguarding the Confidential Information from unauthorized access, use, or disclosure. In the event disclosure is legally compelled by applicable law, the receiving party shall provide prompt notice to the disclosing party and cooperate reasonably to seek protective measures or otherwise prevent unauthorized dissemination.
Usage Restrictions, Partner Engagement, and Confidentiality
By using our services, you agree to comply with specific restrictions and obligations. You shall not transfer, resell, lease, license, or otherwise make our services available to any third party. You also agree to use our services in full compliance with all applicable laws, regulations, third-party rights, and the terms outlined in this agreement. It is your responsibility to ensure that Maisaonlink has the necessary rights to utilize your user data for the purpose of delivering its services.
Furthermore, you agree not to use the services in any manner that violates any applicable legal requirements. You are expressly prohibited from reverse engineering, decompiling, or disassembling any software provided by Maisaonlink, except to the extent expressly permitted by applicable law.
In the course of using our services, we may present you with opportunities to connect with our network of affiliated service or lead partners. Maisaonlink may receive compensation from such partners for generating leads or facilitating introductions.
If you choose to engage with a Service or Lead Partner through Maisaonlink, you acknowledge that any products or services offered by the partner are purchased directly from that entity. Maisaonlink is not a party to any agreement between you and the Service or Lead Partner and assumes no responsibility or liability for their products, services, related content, or any claims or disputes that may arise from such engagements.
Ownership and Confidentiality
At Maisaonlink, we value your privacy and take the protection of your confidential information seriously. Should you choose to provide feedback, suggestions, or comments regarding our services, we may use such feedback without any obligation to compensate you.
Both parties agree not to disclose any Confidential Information to any third party without prior written consent from the disclosing party, except as otherwise permitted by these Terms. Maisaonlink may use and disclose your Confidential Information as reasonably necessary to provide the services, including facilitating leads to our affiliated partners.
The receiving party is required to exercise reasonable care in safeguarding the Confidential Information from unauthorized access, use, or disclosure. In the event disclosure is legally compelled by applicable law, the receiving party shall provide prompt notice to the disclosing party and cooperate reasonably to seek protective measures or otherwise prevent unauthorized dissemination.
Disclaimer of Warranties and Limitation of Liability
Maisaonlink provides its services strictly on an “as is” basis and makes no representations or warranties, express or implied, regarding the performance, quality, or availability of the services.
The term “Confidential Information” refers to any data or information, in any form or medium, disclosed by either party that is marked or otherwise designated as confidential or proprietary, or which a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure. Confidential Information does not include information that:
becomes publicly available through no breach of this agreement by the receiving party;
was already lawfully known by the receiving party prior to disclosure;
is rightfully obtained by the receiving party from a third party without restriction; or
is independently developed by the receiving party without reference to or use of the disclosing party’s Confidential Information.
Both parties acknowledge that monetary damages may be insufficient to remedy an actual or threatened breach of confidentiality. Therefore, the non-breaching party shall be entitled to seek immediate injunctive or other equitable relief, in addition to any legal remedies available.
Each party agrees to promptly notify the other in writing upon becoming aware of any unauthorized disclosure or breach of the confidentiality obligations outlined in this section.
Legal Disclaimer and Limitation of Liability
Maisaonlink expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer also applies to any third-party materials, services, equipment, or software provided in connection with the services. To the fullest extent permitted by law, Maisaonlink disclaims all warranties. Where such disclaimers are not permitted by applicable law, the duration and scope of any applicable warranties shall be limited to the minimum period allowed under such law.
Indemnification
You acknowledge and agree that Maisaonlink shall not be held responsible for any expenses, damages, costs, or claims arising from your use of its services. You agree to fully indemnify and hold Maisaonlink harmless from any and all claims related to your access to or use of the Maisaonlink services.
Maisaonlink shall not be liable for any claims, demands, legal actions, proceedings, investigations, or discovery obligations—including third-party subpoenas, governmental inquiries, or regulatory enforcement actions (“Claims”)—nor for any resulting liabilities, damages, losses, settlements, judgments, costs, or expenses (including reasonable attorney’s fees) (“Losses”) that arise from your use of the services.
You further agree to defend, indemnify, and hold harmless Maisaonlink, its officers, directors, employees, shareholders, members, and affiliates (collectively, “Maisaonlink Indemnified Parties”) against all third-party Claims and associated Losses arising from:
Disclaimer of Warranties and Limitation of Liability
Maisaonlink provides its services strictly on an “as is” basis and makes no representations or warranties, express or implied, regarding the performance, quality, or availability of the services.
The term “Confidential Information” refers to any data or information, in any form or medium, disclosed by either party that is marked or otherwise designated as confidential or proprietary, or which a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure. Confidential Information does not include information that:
becomes publicly available through no breach of this agreement by the receiving party;
was already lawfully known by the receiving party prior to disclosure;
is rightfully obtained by the receiving party from a third party without restriction; or
is independently developed by the receiving party without reference to or use of the disclosing party’s Confidential Information.
Both parties acknowledge that monetary damages may be insufficient to remedy an actual or threatened breach of confidentiality. Therefore, the non-breaching party shall be entitled to seek immediate injunctive or other equitable relief, in addition to any legal remedies available.
Each party agrees to promptly notify the other in writing upon becoming aware of any unauthorized disclosure or breach of the confidentiality obligations outlined in this section.
Legal Disclaimer and Limitation of Liability
Maisaonlink expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer also applies to any third-party materials, services, equipment, or software provided in connection with the services. To the fullest extent permitted by law, Maisaonlink disclaims all warranties. Where such disclaimers are not permitted by applicable law, the duration and scope of any applicable warranties shall be limited to the minimum period allowed under such law.
Indemnification
You acknowledge and agree that Maisaonlink shall not be held responsible for any expenses, damages, costs, or claims arising from your use of its services. You agree to fully indemnify and hold Maisaonlink harmless from any and all claims related to your access to or use of the Maisaonlink services.
Maisaonlink shall not be liable for any claims, demands, legal actions, proceedings, investigations, or discovery obligations—including third-party subpoenas, governmental inquiries, or regulatory enforcement actions (“Claims”)—nor for any resulting liabilities, damages, losses, settlements, judgments, costs, or expenses (including reasonable attorney’s fees) (“Losses”) that arise from your use of the services.
You further agree to defend, indemnify, and hold harmless Maisaonlink, its officers, directors, employees, shareholders, members, and affiliates (collectively, “Maisaonlink Indemnified Parties”) against all third-party Claims and associated Losses arising from:
your breach of these Terms;
your use or misuse of the Maisaonlink services; or
any misrepresentations or actions by you in connection with such services.
As a condition of your indemnification obligations:
(a) Maisaonlink will promptly notify you of any such Claim (a delay in notification will not release you from your obligations unless it causes you material prejudice);
(b) You will have the exclusive authority to defend or settle any such Claim, provided you obtain Maisaonlink’s prior written consent for any settlement that requires action or forbearance by Maisaonlink, which consent will not be unreasonably withheld; and
© Maisaonlink will cooperate reasonably with you in defending the Claim, at your expense.
You reserve the right to participate in the defense of any Claim at your own expense. However, under no circumstances may you settle a Claim by admitting fault or liability on behalf of Maisaonlink, or by imposing obligations on Maisaonlink, without obtaining Maisaonlink’s prior written consent.
Limitation of Liability
Indirect Damages:
Neither party shall be liable to the other for any indirect, special, incidental, consequential, or punitive damages of any kind. This includes, but is not limited to, damages for loss of goodwill, lost profits, loss of sales or business, business interruption, computer failure or malfunction, data loss, or any other intangible losses, even if such damages were foreseeable or if the party was advised, knew, or should have known of the possibility of such damages.
This section does not limit:
(a) your liability for breaching the Restrictions and Requirements section above;
(b) either party’s liability for breaching the Confidentiality section; or
© either party’s indemnification obligations under these Terms.
Direct Damages:
Neither party shall be liable to the other for direct damages, costs, or liabilities exceeding the total amount paid or payable by you to Maisaonlink in the twelve (12) months preceding the incident giving rise to the claim, whether in tort, contract, or otherwise.
This limitation does not apply to:
a) your liability arising from the breach of Section 5 (Restrictions and Requirements) or Section 10 (Fees, Payment Terms, and Taxes);
(b) either party’s liability arising from a breach of Section 11.4 (Confidentiality); or
© either party’s indemnification obligations under these Terms.
These limitations reflect an agreed allocation of risk and form an essential basis of the bargain between the parties.
Term and Suspension
These Terms become effective upon your acceptance—whether by clicking “I Accept” or by using Maisaonlink’s services—and will remain in effect until terminated in accordance with these Terms (“Term”).
Maisaonlink reserves the right to immediately suspend access to its services, with or without notice, for any of the following reasons:
(a) you breach or are reasonably suspected of breaching these Terms;
(b) traffic generated from your use of Maisaonlink’s services is believed to be fraudulent or disrupts the integrity or functionality of the services; or
© Maisaonlink determines, in its sole discretion, that continuing to provide services is unlawful or unfeasible for legal or regulatory reasons.
In such events, Maisaonlink will make reasonable efforts to notify you prior to suspension, where practicable.
Compliance with Laws
Both you and Maisaonlink agree to comply with all applicable federal, state, local, and international laws, rules, and regulations relevant to your respective activities under these Terms.
No Waiver
Maisaonlink’s failure to enforce any provision of these Terms at any time shall not constitute a waiver of that provision or of any other rights. Any express waiver must be in writing and signed by both parties to be legally binding, and it shall not be deemed a continuing waiver.
Assignment
You may not assign, delegate, or otherwise transfer these Terms, in whole or in part, without Maisaonlink’s prior written consent. Any such attempted assignment without consent will be deemed null and void. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Unenforceability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, so that the remaining provisions of these Terms remain in full force and effect.
Notices
All notices required or permitted under these Terms must be provided in writing and delivered via:
personal delivery,
certified mail (with return receipt requested),
overnight delivery by a nationally recognized carrier, or
email (with confirmation of receipt).
If notices are to be sent to Maisaonlink, they must be addressed to:
support@maisaonlink.com, Attn: General Counsel.
Entire Agreement
These Terms, along with any attachments or referenced documents, constitute the complete and exclusive agreement between you and Maisaonlink and supersede all prior and contemporaneous understandings, agreements, proposals, or communications (oral or written). No verbal or written advice or information provided by Maisaonlink or its employees shall alter the terms herein. Any terms stated in a purchase order or similar document provided by you shall be considered for internal use only and shall not amend or supplement these Terms, even if signed by Maisaonlink.
Force Majeure
Neither party shall be held liable for any delay or failure in performance due to causes beyond their reasonable control and without negligence, including but not limited to: acts of God, natural disasters, strikes or labor disputes, terrorism, war, government actions or regulations, pandemics, or power failures. The affected party shall take all reasonable measures to minimize the impact of such events.
Governing Law and Venue
The enforceability and interpretation of the arbitration provisions within these Terms shall be governed by the Federal Arbitration Act. All other aspects of these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law rules. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any legal proceedings arising out of or related to these Terms or Maisaonlink’s services shall be exclusively brought in the state or federal courts located in Illinois, and both parties hereby consent to the jurisdiction and venue of those courts, unless otherwise specified in the arbitration provision.
Agreement to Resolve Disputes Through Arbitration
In an effort to resolve disputes amicably, customers are strongly encouraged to first contact Maisaonlink’s Customer Support before initiating formal legal proceedings. Should a dispute remain unresolved, both the customer and their affiliates, on one side, and Maisaonlink and its affiliates, on the other, agree to resolve any dispute arising out of or relating to these Terms or the Maisaonlink services through binding arbitration. The arbitration shall be conducted in Chicago, Illinois, or at another location mutually agreed upon by the parties.
This arbitration agreement applies to all claims under any legal theory, except for those explicitly stated under the Exceptions to Agreement to Arbitrate. The obligation to arbitrate remains in effect even after the customer ceases using Maisaonlink’s services. Any question regarding the enforceability or scope of this arbitration agreement shall be decided by the arbitrator.
By agreeing to arbitration, both parties waive their right to a trial by judge or jury for any disputes arising from or related to these Terms or Maisaonlink’s services.
Exceptions to Agreement to Arbitrate
This arbitration agreement does not apply to disputes involving intellectual property rights, including but not limited to trademarks, trade dress, domain names, trade secrets, copyrights, or patents of either party or their affiliates.
If either party initiates a court proceeding for a dispute that is subject to arbitration or refuses to arbitrate a dispute that is covered under this agreement, the other party may petition the court to compel arbitration in accordance with this section. Either party may also request that a court stay ongoing litigation while arbitration is pending.
Mediation Requirement Prior to Arbitration
Before initiating arbitration, both parties agree to attempt to resolve the dispute through mediation conducted by the American Arbitration Association (AAA). If mediation does not resolve the issue, either party may proceed with arbitration under the rules set forth by AAA.
Arbitration will be administered in accordance with the AAA’s Commercial Arbitration Rules, and a single arbitrator will be appointed in accordance with those Rules. Each party shall have the right to obtain non-privileged, relevant documents from the other and conduct a reasonable number of depositions. In the event of any conflict, the arbitrator shall be bound by the Rules and the express terms of this arbitration agreement.
Arbitration Procedure and Governing Law
This arbitration agreement does not alter the applicable statute of limitations for any claims or counterclaims. The arbitrator’s decision shall be based on the evidence presented and the substantive law of the State of Illinois and the United States.
The arbitrator will issue a separate written award for each claim and counterclaim. The arbitrator’s decision shall be final and binding, subject only to limited review under the Federal Arbitration Act, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver
Both the customer (and their affiliates) and Maisaonlink (and its affiliates) agree that any dispute must be brought solely in an individual capacity, and not as part of any class, collective, consolidated, or representative action. The arbitrator shall not have the authority to combine or aggregate claims or award relief on a class-wide or group basis, unless both parties expressly agree in writing.
If a court of competent jurisdiction finds the Class Action Waiver unenforceable or invalid, this entire Agreement to Arbitrate shall be rendered null and void, and the dispute shall proceed in court. However, all other provisions of these Terms will remain.
