Last updated July 24, 2026
Terms of Service
IMPORTANT NOTICE: SECTION 17 OF THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND MAINN ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 17.8.
1. Who We Are; What These Terms Cover
Mainn Co ("Mainn," "we," "us," or "our") is a Colorado company headquartered in Fort Collins, Colorado. We operate a school fundraising and community commerce platform. We give schools and parent-teacher organizations their own fundraising websites and campaign pages, and we connect local businesses with school communities through our Shop Local marketplace.
These Terms of Service (these "Terms") are a binding agreement between you and Mainn. They govern your access to and use of mainn.co, the school-specific sites we host (for example, [schoolname].mainn.co), campaign and program pages, donation and checkout flows, the Shop Local module, administrative dashboards and reporting tools, and all related products and services (collectively, the "Services").
By creating an account, clicking to accept these Terms, making a Contribution or Purchase, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Our Privacy Policy, available at mainn.co/privacy, describes how we collect, use, and share personal information. Please read it. The Privacy Policy is a statement of our practices and is not incorporated into these Terms as a contractual obligation.
If you use the Services on behalf of a school, PTO, PTA, or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" includes that organization.
2. Definitions
"Organization" means a school, PTO, PTA, booster club, or other school-affiliated group that has a Mainn-hosted site or Campaign, including its authorized representatives.
"Organization Admin" means an individual authorized by an Organization to manage its site, Campaigns, and reports through the Services.
"Supporter" means any person who makes a Contribution or Purchase or otherwise engages with an Organization or Business Partner through the Services.
"Business Partner" means a local business that participates in the Services (for example, through Shop Local listings, campaign offers, or sponsorships) under a separate written agreement with Mainn.
"Campaign" means a fundraising campaign, program page, or event hosted through the Services.
"Contribution" means a donation made to an Organization through the Services.
"Purchase" means the purchase of a product, service, offer, ticket, gift card, or similar item through the Services.
"Offer" means a product, service, discount, introductory offer, or coupon made available by a Business Partner through the Services.
3. Eligibility; Accounts
3.1 Age and Who May Use the Services
You must be at least 18 years old and able to form a binding contract to create an account, make a Contribution or Purchase, or act as an Organization Admin. Payments through the Services may be made only by adults.
Students and other minors may take part in specific, supervised participation features where the Services offer them (for example, student campaign pages, request submissions under Section 4.7, and activity logging such as read-a-thon tracking), and only as follows: (a) children under 13 may participate only through a parent, guardian, or Organization acting on the child's behalf, and never through an account of their own; (b) minors 13 to 17 may use participation features only with verifiable parent or guardian consent and the authorization of their Organization; and (c) all student participation is subject to the supervision, review, and approval controls of the Organization. Except through these features and as permitted by applicable law, including the Children's Online Privacy Protection Act, we do not knowingly collect personal information from children under 13.
3.2 Accounts
When you create an account, you agree to provide accurate and complete information and to keep it current. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately at hello@mainn.co if you suspect unauthorized use. We may offer guest checkout for Contributions and Purchases without an account.
3.3 Suspension
We may suspend or terminate accounts as described in Section 14.
4. Organizations and Organization Admins
4.1 Organization Sites and Content
Mainn builds the initial framework of each Organization site and any Campaigns the Organization requests. After that, the Organization controls and edits its own pages. The Organization is responsible for the accuracy and legality of its Campaigns, descriptions, images, goals, and stated uses of funds.
4.2 Admin Representations
By accepting or using Organization Admin access, you represent and agree that:
• You have authority to act for the Organization in managing its presence on the Services.
• You will provide true, accurate, and complete information through the Services.
• You are an employee or volunteer of the Organization and are not receiving commission-based or percentage-based compensation for fundraising conducted through the Services.
• You have no authority to act for, speak for, or obligate Mainn in any way.
4.3 Organization Legal Responsibilities
The Organization is responsible for its own legal compliance in connection with its Campaigns, including: any charitable solicitation registration that applies to it; accurate representation of its tax-exempt or governmental status; issuing or verifying any tax documentation beyond the receipts generated by the Services; compliance with raffle, bingo, and other games-of-chance licensing laws (raffles and games of chance may not be run through the Services without required licenses); and using funds in a manner consistent with what the Organization tells Supporters.
4.4 Funds
Contributions and the school-designated portion of Purchases are processed on the Organization's own connected Stripe account and settle directly to the Organization at the time of each transaction. Mainn does not take custody of Organization funds. The Organization is responsible for the payment processing fees on its transactions, which the payment processor deducts at the time of each transaction; Mainn adds no margin to processing and charges Organizations nothing to use the Services. Everything raised for an Organization through the Services, less those processing fees, settles directly to the Organization, and Mainn takes none of it.
4.5 Supporter Data Received by Organizations
Organization Admins can access reports that include Supporter names, contact information, and transaction details (except for Supporters who choose an anonymous option). The Organization agrees to use this information only for its own fundraising, operations, and communications; to protect it with reasonable safeguards; and never to sell it or share it with unrelated third parties.
4.6 Stripe Connected Accounts
To receive funds, the Organization must connect a Stripe account. The Organization agrees to the Stripe Connected Account Agreement (available at stripe.com/connect-account/legal) and the Stripe Services Agreement, and is responsible for the configuration and security of its own Stripe account.
4.7 Requests and Campaign Submissions
Where offered, the Services allow people authorized by an Organization (for example, teachers, parents, and, subject to Section 3.1, students) to submit requests, such as a request for supply funding or a proposed fundraising campaign. Requests are routed to the reviewers the Organization designates, and the Organization decides whether to approve a request, ask for changes, or decline it. A submitted or approved request does not obligate Mainn to build or host anything; Mainn may assist in building approved Campaigns on the Organization's behalf. Anyone submitting a request represents that the information in it is accurate and that they have the permission or authority the request implies.
5. Contributions
5.1 Nature of Contributions
A Contribution is a gift from you to the Organization you select. Mainn is not the recipient of your Contribution and is not a charity, trustee, escrow agent, or fiscal sponsor. The presence of an Organization on the Services is not a solicitation by Mainn on that Organization's behalf.
5.2 Contributions Are Final
Contributions are final and non-refundable once processed, except: (a) duplicate transactions or processing errors, which we will correct; and (b) a Gross Error, meaning an unintended entry of a materially incorrect amount (for example, $10,000 entered instead of $100). Gross Error does not include donor remorse or a change of mind about the cause. Mainn determines in its reasonable discretion whether a transaction qualifies as a Gross Error, and a Gross Error can be corrected only if the funds have not yet been disbursed to the Organization. After disbursement, please contact the Organization directly and we will assist where we can.
5.3 Chargebacks
If you dispute a charge with your card issuer, the dispute is handled through the payment processor. Mainn may assist the Organization in contesting a dispute by providing transaction documentation. Actual network and processing costs resulting from a chargeback may be passed through to the recipient Organization.
5.4 Receipts and Taxes
The Services generate transaction receipts on behalf of the recipient Organization, including, where applicable, the fair market value of any goods or services you received in connection with your payment. Whether any portion of your Contribution or Purchase is tax-deductible depends on the recipient's tax status and your individual circumstances. Mainn does not provide tax, legal, or accounting advice. Consult your own advisor.
5.5 Preferences Are Not Restrictions
If you indicate a preference for how the Organization should use your Contribution, that preference will be shared with the Organization, but it is an expression of preference only. It does not create a restriction, trust, or contractual obligation, and the Organization retains discretion over the use of funds.
5.6 Anonymous Giving
Where the option is offered, you may choose to keep your name from appearing in the reports Mainn makes available to the Organization and from public displays. Because payments are processed on the Organization's own payment account, the Organization's payment processing records necessarily include billing details; anonymity applies to Mainn's reports and displays, not to processor records. Processing and legal records are still created as described in our Privacy Policy.
5.7 Recognizing a Student
Where offered, you may credit ("recognize") a student in connection with a Contribution or Purchase by providing the student's first name and last initial only, or you may instead credit a class, grade, or other school group without providing any student information. We do not request or accept any other student information in connection with recognition. By recognizing a student, you represent that you know the student and have the permission of the student's parent or guardian to do so. Recognition information is shared with the Organization through its reports. If an Organization enables celebration features (for example, leaderboards or recognition by grade or class), recognition is displayed only under the Organization's settings and never in more detail than was provided. A parent, guardian, or Organization may have a student's recognition information removed at any time by emailing hello@mainn.co.
6. Purchases and Offers
6.1 Who Is Selling
Unless the Campaign page or checkout states otherwise, the Business Partner named in the Offer is the seller and is responsible for providing the product or service. Mainn provides the platform, checkout, receipts, and reporting. Where Mainn expressly identifies itself as the seller (for example, inventory Mainn has purchased in advance for a Campaign), the sale terms shown at checkout apply and Mainn is responsible for fulfillment through the named Business Partner.
6.2 Benefit to the Organization
Each Offer or Campaign states how the Organization benefits. One hundred percent of the school-designated portion of every Purchase goes to the Organization.
6.3 Pricing
The total price of a Purchase, including any mandatory charges, is displayed before you pay, as a single total. Government taxes and any actual shipping charges, where applicable, are itemized as permitted by law. Optional add-ons (Section 7) are never included in a displayed price and are never required.
6.4 Redemption
Some Purchases are redeemed with the Business Partner (for example, by presenting the QR code on your receipt). Redemption instructions, validity periods, and any conditions are stated on the Offer and your receipt. Offers are honored by the Business Partner at its listed locations and are subject to the stated terms.
6.5 Introductory Offers and Gifting
Some Offers are introductory offers intended for new customers of the Business Partner, and may be purchased for yourself or as a gift for someone else where indicated. At checkout, you choose whether to share your or the recipient's name and contact information with the Business Partner. The sharing option is never pre-selected, and declining an optional share does not affect your Purchase. If you decline, the Business Partner receives only confirmation that a valid Purchase was made and a unique redemption identifier tied to the Offer, not to your identity, and the Offer is redeemed by presenting that identifier (for example, the QR code on your receipt). If you choose to share, the information is used by the Business Partner only to fulfill the Offer, as described at checkout and in our Privacy Policy. Some Offers cannot be fulfilled without information passing to the Business Partner (for example, an Offer that is delivered to you or booked in your name). Where that is the case, the Offer states the requirement before you pay, and completing the Purchase or redemption is your explicit opt-in to share the information the Offer requires.
6.6 Purchases Are Final; Remedies
Unless the Offer states otherwise, Purchases are final and non-refundable, and this is stated at checkout. Because one hundred percent of the school-designated portion of every Purchase goes directly to the Organization at the time of your transaction, neither Mainn nor the Business Partner holds your Purchase funds from which to issue a refund. Exceptions: (a) duplicate transactions and processing errors will be corrected; (b) if a Business Partner fails to honor a valid, unexpired Offer, contact us at hello@mainn.co and we will work with you and the Business Partner to redeem or replace it, and if the Business Partner has not made it good within thirty days, we will refund you at the Business Partner's cost under our agreement with them; and (c) where the Business Partner is the seller, the Business Partner is responsible for product quality and fulfillment. Nothing in this Section limits any non-waivable rights you have under applicable consumer protection law.
6.7 No Games of Chance
Raffles, sweepstakes, lotteries, and other games of chance may not be conducted through the Services unless the Organization holds all required licenses and has obtained Mainn's advance written approval.
7. Optional Add-On Contributions
7.1 What They Are
At checkout, we may offer you the option to add to your transaction: (a) an additional donation to the Organization you are supporting; or (b) an equity donation to Mainn Foundation, a separate 501(c)(3) public charity (EIN 39-3588442) that supports school communities equitably. Equity donations are collected as their own charge to the Foundation's account, may not be earmarked for a particular school, and are gifts for which nothing is provided in return. Every add-on is optional, is shown as a dollar amount, and is never a condition of completing your transaction.
7.2 Final When Processed
Optional add-ons are non-refundable once processed, except in the case of processing error.
7.3 Tax Treatment
Additional donations to an Organization are treated as Contributions under Section 5. Equity donations to Mainn Foundation are charitable contributions to a separate charitable organization, are receipted by the Foundation under its own policies, and are not earmarked for, or returned to, any particular school.
8. Business Partners
8.1 Separate Commercial Terms
A Business Partner's commercial relationship with Mainn (including campaign budgets, fulfillment commitments, guarantees, and payment terms) is governed by a separate written agreement. These Terms govern the Business Partner's use of the Services themselves.
8.2 Listing Standards
Business Partners agree to: describe their Offers accurately; honor valid Offers and redemptions, including QR-code redemptions, through the stated validity period; maintain all licenses and permits required to provide their products and services; and comply with applicable law, including advertising and consumer protection law.
8.3 Placement Is Not Endorsement
Business Partner placement on the Services is based on geography and program participation. A listing is not an endorsement by Mainn, and is not an endorsement by any school or Organization unless the Organization says so itself. Organizations choose what appears on their own pages.
8.4 Use of Supporter Information
A Business Partner that receives Supporter information through the Services (for example, fulfillment information or consent-based lead information under Section 9) may use it only for the purpose disclosed to the Supporter, must handle it in compliance with applicable law, and may not sell it or transfer it to third parties.
9. Consent-Based Information Sharing; Coupons
9.1 Sponsored Campaigns and Lead Sharing
Some Campaigns and Offers are sponsored by a Business Partner. Where that is the case, checkout may give you the choice to share your contact information with the sponsor, including through a lead form specific to that sponsor that discloses its financial relationship with Mainn and the Organization. The sharing option is never pre-selected. If we pre-fill a form with information from your account, the pre-filled information is shown to you before you submit, and nothing is shared unless you submit it. The choice is disclosed at the point of purchase, you may decline it and still complete your transaction, and you may withdraw your consent afterward by contacting the sponsor or by emailing hello@mainn.co. Where a sponsored Offer cannot be fulfilled without information passing to the sponsor, Section 6.5 applies: the requirement is stated before you pay, and completing the Purchase or redemption is your explicit opt-in.
9.2 Coupon Redemption Promise
When you redeem a Shop Local coupon, we do not share your personal information with the business unless you explicitly choose to share it. This commitment is described further in our Privacy Policy.
10. Your Content
10.1 Ownership
"Content" means the text, images, and other materials you submit to the Services, including Campaign pages, posts, ideas, and comments. You own your Content. Mainn does not claim ownership of it.
10.2 License to Mainn
You grant Mainn a worldwide, non-exclusive, royalty-free license to host, store, reproduce, technically adapt (for example, formatting and resizing), publish, display, and distribute your Content solely as needed to operate, provide, secure, and improve the Services, including displaying your Campaigns to Supporters. This license may be exercised through our service providers. It ends when your Content is deleted from the Services, except for copies retained in routine backups or as required by law. We will not use your Content in Mainn's own advertising or marketing without your permission.
10.3 Organization Marks
Each Organization grants Mainn a non-exclusive license to use its name, logo, and marks to build and operate its site and Campaigns and to identify the Organization as a Mainn partner. An Organization may opt out of partner-list identification by emailing hello@mainn.co.
10.4 Your Responsibilities for Content
You are responsible for your Content. You represent that: you have the rights needed to post it; it is accurate and not misleading; and it does not infringe or violate the rights of others. If your Content includes images of identifiable people, you are responsible for having any consents required, and Organizations are responsible for following their own district and school policies regarding images of students.
10.5 Our Removal Rights
We may, but are not obligated to, review Content, and we may remove or restrict Content that we reasonably believe violates these Terms, our Community Guidelines, or applicable law, or that creates risk for Mainn, Organizations, Supporters, or Business Partners.
10.6 Feedback
If you send us ideas or suggestions about the Services, we may use them without restriction or compensation.
10.7 Copyright Complaints
We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Send notices to our designated agent at hello@mainn.co with the subject line "DMCA Notice," including the information required by 17 U.S.C. 512(c)(3). We may remove identified material and may terminate repeat infringers.
11. Acceptable Use
You agree not to use the Services to:
• Violate any law, or solicit or facilitate anyone else's violation of any law.
• Misrepresent your identity or affiliation, including falsely claiming to represent a school, Organization, or nonprofit, or misstating an organization's tax status.
• Submit false, deceptive, or misleading information, Campaigns, or Offers.
• Conduct raffles, sweepstakes, or other games of chance without required licenses and our advance written approval.
• Make a payment with a card you are not authorized to use, or enter card information on behalf of the cardholder. Only the authorized cardholder may pay through the Services.
• Harass, abuse, defame, or discriminate against any person.
• Infringe the intellectual property, privacy, or publicity rights of others.
• Upload malicious code or interfere with, disrupt, or circumvent the security or operation of the Services.
• Scrape, crawl, harvest, or bulk-collect data from the Services (including for training artificial intelligence models) without our prior written consent.
• Collect or use other users' personal information except through the reports and features the Services provide, and then only as these Terms allow.
• Send spam or unsolicited commercial messages through or in connection with the Services.
We may investigate suspected violations, remove content, suspend or terminate access, and report conduct to law enforcement. Our Community Guidelines, published on the Services, provide additional standards for participation and are part of this Section.
12. Communications
12.1 Transactional Messages
We send service and transactional emails (for example, receipts, redemption codes, and administrative notices) as part of providing the Services.
12.2 Marketing Email
With your consent or as otherwise permitted by law, we may send marketing email about Mainn products, Campaigns, and events. You can opt out at any time using the unsubscribe link or by emailing hello@mainn.co.
12.3 Text Messages
We send text messages only with your separate, express consent, which is never a condition of any purchase. Message and data rates may apply. Reply STOP to cancel or HELP for help.
12.4 Electronic Records
You consent to receive agreements, notices, and records from us electronically, and you agree that electronic signatures and click-acceptances have the same effect as ink signatures.
13. Third-Party Services
13.1 Payment Processing by Stripe
Payments on the Services are processed by Stripe, Inc. Your card information is provided directly to Stripe and is not stored by Mainn. Your payments are subject to Stripe's terms and privacy policy (stripe.com/legal and stripe.com/privacy). Organizations receiving funds are also subject to the Stripe Connected Account Agreement as described in Section 4.6.
13.2 Links and Third-Party Sites
The Services may link to third-party websites and resources. We do not control them and are not responsible for their content, policies, or practices. Your use of them is at your own risk.
13.3 Business Partner Performance
Except where Mainn is expressly the seller under Section 6.1, Mainn does not manufacture, provide, or guarantee the products and services of Business Partners.
14. Term; Suspension; Termination
14.1 By You
You may stop using the Services at any time. An Organization may terminate its participation by written notice to hello@mainn.co. For 90 days after termination, we will make the Organization's transaction reports available for export on request.
14.2 By Mainn
We may suspend or terminate your access to the Services, or remove Campaigns or listings, if we reasonably believe: you have violated these Terms or applicable law; your conduct creates fraud, security, or legal risk; or we are required to do so by law or by a payment processor. Where practicable, we will give notice and an opportunity to cure. If a termination occurs while Purchases are pending, we will complete or refund pending transactions as appropriate.
14.3 Survival
Sections that by their nature should survive termination do survive, including Sections 5, 6.6, 10, 15, 16, 17, and 19.
15. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MAINN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAINN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY CAMPAIGN WILL ACHIEVE ANY FUNDRAISING RESULT, OR THAT ANY BUSINESS PARTNER WILL PERFORM. MAINN IS NOT A CHARITY, PROFESSIONAL FUNDRAISING CONSULTANT, BROKER, OR AGENT OF ANY ORGANIZATION, AND NOTHING ON THE SERVICES IS TAX, LEGAL, INVESTMENT, OR ACCOUNTING ADVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
16. Limitation of Liability; Indemnification
16.1 Excluded Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, MAINN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, MAINN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) FIVE HUNDRED DOLLARS ($500) AND (B) THE AMOUNTS YOU PAID THROUGH THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
16.3 Exceptions
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud or for gross negligence or willful misconduct where such limits are not permitted.
16.4 Indemnification
You will defend, indemnify, and hold harmless Mainn and its officers, directors, employees, and agents from third-party claims, and resulting damages, costs, and reasonable attorneys' fees, to the extent arising from: (a) your Content; (b) Campaigns or events you organize or run, including events not sponsored by the featured Organization; (c) your violation of these Terms; or (d) your violation of law or of the rights of a third party. We will give you prompt notice of any claim and reasonable cooperation, and we may participate in the defense with our own counsel at our expense.
16.5 Basis of the Bargain
The allocations of risk in this Section are an essential basis of the bargain between you and Mainn, and apply even if a remedy fails of its essential purpose.
17. Dispute Resolution: Informal Resolution, Arbitration, Class Waiver
17.1 Informal Resolution First
Before filing any claim, you and Mainn agree to try to resolve the dispute informally. The party raising the dispute must send the other a written Notice of Dispute describing the dispute, the relief sought, and the sender's contact information. Send notices to Mainn at hello@mainn.co and by mail to Mainn Co, 155 North College Avenue, Suite 208, Fort Collins, CO 80524. We will send notices to the email address associated with your account. For 60 days after a Notice of Dispute is received, you and we will negotiate in good faith, including through an individualized telephone or video conference if either party requests one. The statute of limitations is tolled during this period. A claim may be filed only after this process completes.
17.2 Agreement to Arbitrate
Except as provided in Section 17.3, you and Mainn agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section 17. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
17.3 Exceptions
Either party may: (a) bring an individual claim in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in court to protect intellectual property rights or to address unauthorized access to or abuse of the Services.
17.4 Arbitration Procedure
One arbitrator will be appointed under the AAA rules. Arbitration will be conducted in Larimer County, Colorado, or by video conference, at your election for consumer claims. Fees will be allocated under the AAA Consumer Arbitration Rules. Each party bears its own attorneys' fees except where applicable law provides otherwise. The arbitrator may award the same individual relief a court could award and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
17.5 Class Action and Jury Waiver
YOU AND MAINN EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. Claims may be brought only in an individual capacity. The arbitrator may not consolidate claims of different parties or preside over any form of class or representative proceeding.
17.6 Coordinated Filings
If 25 or more arbitration demands of a substantially similar nature are filed against Mainn by the same or coordinated counsel or organizations, the following staged process applies. First, each side may select up to 10 demands to proceed as bellwether arbitrations; all other demands will not be filed, and applicable statutes of limitations will be tolled, until the bellwethers conclude. Second, after the bellwethers conclude, the parties will engage in a global mediation informed by the results. Third, if disputes remain, the remaining demands may be filed and will proceed concurrently in batches of 50 (or a smaller final batch), with a single process arbitrator appointed under the AAA rules to resolve procedural disputes across batches. Bellwether and batch results are not binding on any claimant who was not a party to them. This Section is intended to make coordinated resolution efficient without unreasonably delaying any claimant's individual claim, and a court or process arbitrator may modify it to the minimum extent needed to preserve its enforceability.
17.7 Severability Within This Section
If the class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) will proceed in court under Section 17.9, and the remainder will be arbitrated. If any other part of this Section 17 is found unenforceable, it will be severed and the rest of this Section will remain in effect.
17.8 Your Right to Opt Out
You may opt out of this arbitration agreement by emailing hello@mainn.co with the subject line "Arbitration Opt-Out," your name, and the email associated with your account, within 30 days after you first accept these Terms. Opting out of arbitration does not affect any other provision of these Terms.
17.9 Governing Law and Venue
These Terms and any dispute are governed by the laws of the State of Colorado, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 17. Any claim that proceeds in court will be brought exclusively in the state courts located in Larimer County, Colorado, or the United States District Court for the District of Colorado, and the parties consent to personal jurisdiction and venue there.
17.10 Time Limit on Claims
Statutory limitation periods apply to all claims.
17.11 Changes to This Section
Changes to this Section 17 do not apply to any dispute that accrued, or of which either party had notice, before the change became effective.
18. Changes to the Services and These Terms
18.1 Changes to the Services
The Services will continue to evolve. We may add, change, or discontinue features. If a change materially affects a pending paid transaction, we will complete or refund it.
18.2 Changes to These Terms
If we make a material change to these Terms, we will give at least 30 days advance notice by email to the address associated with your account, by a notice on the Services, or both, before the change takes effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, stop using the Services before the effective date. Non-material changes (for example, clarifications and corrections) take effect when posted with an updated date.
19. General
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to an affiliate.
Entire Agreement. These Terms, together with the policies and terms they reference and any separate written agreement between you and Mainn (which controls over these Terms in the event of conflict), are the entire agreement between you and Mainn regarding the Services.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
No Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
No Third-Party Beneficiaries. These Terms do not create rights in any third party, except that Mainn's officers, directors, employees, and agents may enforce Sections 16 and 17.
Notices. Legal notices to Mainn must be sent to Mainn Co, 155 North College Avenue, Suite 208, Fort Collins, CO 80524, with a copy to hello@mainn.co. We may give you notice by email to the address associated with your account or by posting on the Services.
Headings. Headings are for convenience and do not affect interpretation.
20. Contact
Questions about these Terms: hello@mainn.co, or Mainn Co, 155 North College Avenue, Suite 208, Fort Collins, CO 80524.
