Legal
Terms of Service and Privacy Policy
Effective August 5, 2024
The following terms and conditions govern all use of the www.myntagency.com website and all content, services, features, activities and products available at or through the website, (“Mynt Agency”, “us” or “we”).
We ask you to review these terms and conditions, which, together with Mynt Agency’s Privacy Policy, constitute a legally binding agreement between you and Mynt Agency that conditions your use of the Services (this “Agreement”). By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 13 years old.
Content on the Services
1.1. In General. Any opinions expressed by the contributors, authors and moderators who post content to Mynt Agency are the personal opinions of the authors, not of Mynt Agency, whether or not the authors are employees or contractors of Mynt Agency. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Mynt Agency or any other party.
1.2. Ownership. The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by Mynt Agency or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.2 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of Mynt Agency or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any Mynt Agency logo or proprietary graphic or trademark without Mynt Agency’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in Mynt Agency and/or its content providers or licensors. Mynt Agency reserves any rights not expressly granted in this Agreement.
1.3. Limited License. Subject to your strict compliance with this Agreement, Mynt Agency grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in Mynt Agency’s sole discretion, and without advance notice or liability.
User-Generated Content
2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Mynt Agency; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2.2. Mynt Agency’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Mynt Agency in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Mynt Agency reserves the right to treat User Submissions as content stored at the direction of users for which Mynt Agency will not exercise control except to block or remove content that comes to Mynt Agency’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Mynt Agency, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Mynt Agency’s attention. However, Mynt Agency shall not be responsible for controlling or editing any Content, and Mynt Agency has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.
2.3. License to Mynt Agency of Your User Submissions. You hereby grant to Mynt Agency, and you agree to grant to Mynt Agency, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Mynt Agency to your User Submissions, you also hereby grant to Mynt Agency, and agree to grant to Mynt Agency, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Mynt Agency for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Mynt Agency the rights to it that you are granting by this Agreement, all without any Mynt Agency obligation to obtain consent of any third party and without creating any obligation or liability of Mynt Agency; (B) the User Submission is accurate; (C) the User Submission does not and, as to Mynt Agency’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.
2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Mynt Agency does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Mynt Agency (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Mynt Agency may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
Links to Third-Party Websites
The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Mynt Agency is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of Mynt Agency and, as such, Mynt Agency is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Mynt Agency does not imply an endorsement or recommendation by Mynt Agency. Mynt Agency is not responsible for any form of transmission received from any link, nor is Mynt Agency responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.
Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on Mynt Agency infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Mynt Agency. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
Terms Applicable to Users of Mynt Agency
5 .1. In General. Mynt Agency offers the opportunity to sign up to obtain enhanced content and features. By using or accessing any products, content, features, services or events offered through Mynt Agency, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of Mynt Agency and shall not apply to the use of any of the Services other than Mynt Agency.
5.2. Limited License to Mynt Agency Users. Subject to your strict compliance with this Agreement, Mynt Agency grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on Mynt Agency (the “Mynt Agency Content”) as described below. You may:
View the Mynt Agency Content while accessing Mynt Agency.
Download or print one copy of any Mynt Agency Content for personal use.
Incorporate, on a non-systematic and non-routine basis, a small excerpt of the Mynt Agency Content (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (“your company”), as long as you attribute Mynt Agency as the source.
Briefly summarize, on a non-systematic and non-routine basis, Mynt Agency Content in your own words, and distribute the summary to an audience that is internal to your company in connection with a specific project, as long as you attribute Mynt Agency as the source.
Distribute, in digital or hard copy, Mynt Agency Content for which you have purchase reprint rights, to audiences inside or outside your company.
If your Premium Account was obtained under an enterprise license made by your company, distribute Mynt Agency Content in accordance with the terms of that license.
Except as expressly provided in this Section 5.2, you may not post or otherwise distribute Mynt Agency Advanced Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Mynt Agency, and (B) may be immediately suspended or terminated for any reason, in Mynt Agency’s sole discretion, and without advance notice or liability.
Operation of the Services
Mynt Agency reserves complete and sole discretion with respect to the operation of the Services. Mynt Agency may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Mynt Agency may undertake from time to time; or (iii) causes beyond the control of Mynt Agency or which are not reasonably foreseeable by Mynt Agency.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED BY Mynt Agency ON AN “AS IS” BASIS. Mynt Agency MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mynt Agency DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. Mynt Agency MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
LIMITATION OF LIABILITY
IN NO EVENT WILL Mynt Agency BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF Mynt Agency MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by Mynt Agency from its facilities in the United States of America. Mynt Agency makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
VIOLATIONS / INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Mynt Agency, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
WAIVER AND RELEASE
YOU AGREE THAT NEITHER Mynt Agency NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE Mynt Agency SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT Mynt Agency SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Mynt Agency, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF Mynt Agency, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
Complete Agreement
This Agreement constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for Mynt Agency to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 12.
Modifications / Termination
12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Mynt Agency; or (B) as set forth below in Section 12.2.
12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the www.myntagency.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on www.myntagency.com the first time that you visit www.myntagency.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on www.myntagency.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
Dispute Resolution / Jurisdiction / Agreement to Arbitrate
13.1. In General. Certain portions of this Section 13 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Mynt Agency agree that we intend that this Section 13 satisfies the “writing” requirement of the Federal Arbitration Act.
13.2. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User Submissions, or this Agreement (collectively, “Dispute”), or to any of Mynt Agency’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 13.5 below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this Section 13.2. Your notice to us must be sent to:
Mynt Agency, LLC
121 N 2nd St
Suite J
Saint Charles, IL 60174
For a period of 60 days from the date of receipt of notice from the other party, Mynt Agency and you will engage in a good faith dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Mynt Agency to resolve the Dispute or Excluded Dispute on terms with respect to which you and Mynt Agency, in each party’s sole discretion, are not comfortable.
13.3. Forums for Alternative Dispute Resolution.
Arbitration. If we cannot resolve a Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13.3. If we cannot resolve an Excluded Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Excluded Dispute arises), then either you or we may submit the Excluded Dispute to formal arbitration only if you and Mynt Agency consent, in a writing signed by you and Mynt Agency’s General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 13.3.
Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Mynt Agency elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Mynt Agency do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 13.3.A, then this paragraph and the remainder of this Section 13.3 will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Mynt Agency consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
AAA – 800.778.7879
JAMS – 949.224.1810
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in San Francisco, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Mynt Agency shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Mynt Agency to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Mynt Agency will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
13.4. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.2 ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
13.5. Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by Mynt Agency to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and/or Mynt Agency’s intellectual property rights (including such Mynt Agency may claim that may be in dispute), Mynt Agency’s operations, and/or Mynt Agency’s products or services.
13.6. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes (but not Excluded Disputes) in small claims court.
13.7. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 13.3.A above holds that this restriction is unconscionable or unenforceable, then our agreement in Section 13.3 above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 13.8 below.
13.8. Federal and State Courts in St Charles. Except to the extent that arbitration is required in Section 13.3 above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in St Charles, California. Accordingly, you and Mynt Agency consent to the exclusive personal jurisdiction and venue of such courts for such matters.
13.9. Applicable Law. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Illinois, without regard to its conflict of law provisions.
Construction
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Notice
Mynt Agency may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Mynt Agency account or by written communication delivered by first class U.S. mail to your address on record. You may give notice to Mynt Agency at any time via electronic mail to the following address: adops@myntagency.com.
Miscellaneous
Mynt Agency may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with Mynt Agency’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Mynt Agency in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this Agreement.
Website Design & Development Credits
This site was designed and developed by Proper Noun. The website design and WordPress theme were both created custom for this website. All on-page search engine optimization was also performed by Proper Noun. Proper Noun is a full service website design and SEO agency based in Fort Lauderdale, FL. We specialize in custom website design & development, eCommerce websites, mobile websites, web applications and SEO Campaigns.
Privacy Policy
Mynt Agency (“we,” “us,” or “our” “Mynt Agency’) provides marketing services (collectively, the “Services”). This privacy policy (“Privacy Policy”) describes how we collect, use, and share information through: (i) our Services, and (ii) our corporate website at https://www.myntagency.com [or any Mynt Agency-owned or Mynt Agency-licensed website] (collectively the “Site”) and applies to individuals in the European Economic Area who use the Site or whose personal data is otherwise provided to or collected by us in connection with the Services.
For the purposes of users of the site located in the EU, we are the controller of any information we may collect when you visit our Site. Our data protection officer can be contacted at adops@myntagency.com.
Please read this policy carefully so that you understand your rights in relation to your personal data, and how we will collect, use and process your personal data.
Section 1: Our Corporate Website
This section of the Privacy Policy describes how we may collect, use, and share information collected on our Site.
Information Collection
We may collect a variety of information when you visit our Site. We collect certain personal information when you contact us, request services, or otherwise provide it to us. This personal information will be any of your name, email address, phone number, and any other such information you provide to us.
We may also collect certain technical information when you visit the Site. This type of information is your country, city, browser type, operating system, service provider, the areas you visit on the Site, time and date of your visit, and Google Analytics client ID. We may collect this technical information through cookies, web beacons, or other similar technologies. We may combine personal and technical information together.
How We Use Information
As it is in our legitimate interests to be responsive to you and to ensure and improve the proper functioning of our Site, we may use any of the information we collect for the following purposes:
To respond to your inquiries and requests;
To provide you with any services you request;
For internal purposes, such as recordkeeping, and to operate our business;
To operate and improve the Site;
To perform analytics and research;
To comply with law and to maintain the security of the Site; and
As otherwise disclosed at the time of collection or use.
Information Sharing
We may share the information we collect with the following third parties:
Service providers or agents that perform services on our behalf including: Facebook, ActiveCampaign, Linkedin, and Google Analytics;
As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets including as part of a bankruptcy proceeding;
Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or when we believe it is necessary to protect our rights or the rights of third parties; and
With your consent or as otherwise disclosed at the time of data collection or sharing.
We may share information with third parties that has been anonymized and aggregated. We require all advertisers or publishers to disclose any third party data collection and use and provide an opt-out: http://optout.networkadvertising.org/
Social Media Tools and Links to Other Websites
The Site may provide links to other websites that we do not control. We encourage you to review the privacy policy of those websites you may visit.
The Site may include social media tools or “plug-ins”, such as social networking and blogging tools offered by third parties. These social media companies may collect information about you and may use and share such information in accordance with your social media account settings, including by sharing such information with the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the social media companies that provide those features. We encourage you to carefully read the privacy policies of any social media accounts you create and use.
Your Choices: Analytics
We use Google Analytics to improve the performance of the Site and our Services and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you visit our Site or use our Services, visit https://www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
How long do we store your personal data?
If you contact us we will add your information to our data base so we can communicate with you. You can request deletion of your information by following the process set out in Section 3 below.
Section 2: Marketing Services
This section of our Privacy Policy describes how we collect, use, and share information through our Services.
Where we use any of your information that includes personal data in order to provide the Services of serving to you advertisements that may interest you, we are acting as joint controllers with our customers and the companies assisting us to serve the advertisements, including the publisher (i.e. the owner of the applications and websites on which advertisements are displayed).
In our contracts with these partners, they are allocated the responsibility under the GDPR for providing the required notices, obtaining any necessary consents and facilitating the exercise of your data subject rights. We work with the IAB UK to ensure that the data we collect from our affiliates and ad technology partners (as further described in The Information We Collect) is processed with your consent. Mynt Agency is a registered vendor under the Transparency and Consent Framework provided by IAB Europe. To learn more about this framework, please visit the IAB Europe page.
The Information We Collect
Through the provision of our Services we collect various types of information from our customers, affiliates and ad technology partners, including from:
Our Customers, who may provide advertising IDs, IP addresses and hashed email addresses.
Our Affiliates, who may provide information about your device, such as device identifier, model, network provider, browser type, language, IP Address, Information about mobile application usage, how you interact with applications you use and advertising you see, precise location information (only with your consent), device type, information about the app, such as the version, information about your mobile advertising identifiers such as your advertising ID and other information about you, including interests, age, gender.
Mobile Measurement Partners (MMPs), which measure how you interact with an advertisement and may provide us with impressions, clicks, timezone, city, language, conversion duration, connection type, application version, and level of interaction and your advertising ID.
Publishers (i.e. the owners of the applications and websites you use), Ad exchanges, Ad Networks, Supply Side Platforms, Direct Marketing Platforms and other ad technology companies, who assist with providing targeted advertisements, including information about your device, such as device identifier, model, network provider, browser type, language, IP Address, Information about mobile application usage, how you interact with applications you use and advertising you see, precise location information (only with your consent), device type, information about the app, such as the version, information about your mobile advertising identifiers such as your advertising ID and other information about you, including interests, age, gender.
How We Use the Information We Collect
We use the information we collect through the Services on the basis of our legitimate interest in running and improving our ad technology business to select and deliver targeted advertisements to a user’s browser or mobile apps and other uses such as:
Analytics and research;
Providing and improving the Services, including to build segment profiles for marketing purposes;
To prevent fraud and enforce our terms of service;
For our own marketing and advertising purposes; and
Reporting, attribution and frequency capping.
In order to be able to serve advertisements to you that you may wish to see, we may combine data and link your activities across devices and websites.
Information Sharing
We may share the information we collect through the Services with the following categories of third parties for the following purposes:
Service providers that perform services on our behalf, including analytics and research;
to our customers to provide the Services to our clients, including customizing advertising and reporting on the performance of that advertising;
With our affiliates in order to provide and enhance the Services and the affiliates services;
in response to a legal process, such as a subpoena or court order, or as otherwise required by law, or to protect our rights or the rights of a third party;
to investigate, prevent, or take action regarding alleged or actual illegal activities, violations of the applicable terms, or as otherwise required by law;
publishers (i.e. the owners of the applications and websites you use), Ad exchanges, Ad Networks, Supply Side Platforms, Direct Marketing Platforms and other ad technology companies, who assist with providing targeted advertisements for the purpose of serving you with contextual and/or targeted ads that are relevant to you and may interest you;
To help them understand how Users are engaging with ads, what kind of Users are most engaging with certain types of ads on their Property, and what kind of ads are published on their Property;
With other third parties to receive additional data on you from sources other than the publisher’s application or website in order to help analyze and enrich the information collected on you, as well as serve you with more relevant and targeted ads;
Any other purposes disclosed to you at the time we collect your information or with your consent; and
As part of a corporate sale, merger, acquisition, or other business transaction, including as part of a bankruptcy proceeding.
For a full list of the third parties which we work with, please click here.
Where do we store your personal data?
As we are United States company, any information provided to us, will be stored, processed, and transferred within, or to, the United States. Please be aware that the US and jurisdictions other than the one in which you are located will not have the same data protection laws as your own jurisdiction.
Your Choices
As part of our Services we collect information across non-affiliated websites over time. We collect this information to make inferences about your interests in order to provide advertising relevant to you based on those interests. This practice is known as interest-based advertising.
You can use your device settings, such as “Limit Ad Tracking,” to exercise choice regarding our collection and use of information for interest-based advertising from websites and mobile applications on your device. You can also limit our collection of precise location data through your device settings. For more information on your choices, including to opt out of receiving interest-based ads from many third parties, please go to: http://optout.aboutads.info/. For more information about opting out on mobile devices, please go to: https://www.networkadvertising.org/mobile-choice.
Many browsers (including Internet Explorer, Firefox, and Safari) allow you to set a Do Not Track (DNT) signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. We follow DNT settings. You can usually access your browser’s DNT option in your browser’s preferences.
Note that if you exercise choice regarding interest-based advertising you will still see advertising in websites and mobile apps, but those ads may be less relevant to your interests. Data may still be collected from your device with your consent for purposes other than interest-based advertising after you make your choices. If you use different devices, or reset your device identifier, you may need to make your choices again.
California Residents
California law permits California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, please contact us at adops@myntagency.com.
Retention of data
Targeting data is stored 30 days from the last website visit. Reporting data is stored for the duration of the contract. Reporting data maybe be deleted at the advertiser’s request.
Section 3: Other General Privacy Practices for the Services and Site
Data Security
We implement reasonable security measures to help protect the security of information we collect through the Site.
Your rights
In certain circumstances you have rights in relation to the personal data we hold about you. We set out below an outline of, and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights. To exercise any of your rights, please email adops@myntagency.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
Access: You have the right to know whether we process personal data about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
Portability: in certain circumstances, you have the right to receive or ask us to provide your personal data to a third party in a structured, commonly used and machine-readable format, although we will not provide you with certain personal data if to do so would interfere with another’s individual’s rights (e.g. where providing the personal data we hold about you would reveal information about another person) or where another exemption applies (we can only do so where it is technically feasible; we are not responsible for the security of the personal data or its processing once received by the third party).
Correction: You have the right to require us to correct any personal data held about you that is inaccurate and have incomplete data completed.
Erasure: You may request that we erase the personal data we hold about you in certain circumstances e.g. where you believe it is no longer necessary for us to hold the personal data or object to our processing.
Restriction of Processing to Storage Only: You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances.
Objection or restriction of processing: You have a right to require us to stop processing the personal data we hold about you in certain circumstances (and require us to delete it or continue to store it). Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process or retain such data or if we need to retain it in relation with any legal claims.
Withdrawal of Consent
Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time.
California Residents – California Consumer Privacy Act (“CCPA”)
The California Consumer Privacy Act (“CCPA”) provides California residents with the right to request certain information regarding our collection of personal information from California consumers. If you are a California consumer, you have a right to request the following:
The categories of personal information we may have collected about you;
The categories of sources from which the personal information may have been collected;
The business or commercial purpose for collecting or selling personal information;
The categories of third parties with whom we share personal information; and/or
The specific pieces of personal information we may have collected about you.
Mynt Agency may share personal information, such as your IP address with the service providers listed in this Privacy Policy solely for a business purpose pursuant to a written contract between Mynt Agency and the service provider. Mynt Agency’s service providers use the personal information as necessary to perform the business purpose stated in a written contract.
If you would like to request that Mynt Agency not “sell” your personal information as that term is defined under CCPA, you may contact our Data Protection Officer with your “do not sell my personal information” request as follows:
Email: adops@myntagency.com
You may also request that Mynt Agency delete your personal information by contacting us at the email provided above. Please understand that Mynt Agency is required by CCPA to first verify any request received prior to complying with any CCPA request.
In some instances, Mynt Agency is not required by CCPA to delete personal information. In such instance, Mynt Agency will notify you if your personal information was unable to be deleted for one of the permitted exceptions under CCPA.
Objection to Marketing
At any time you have the right to object to our processing of data about you in order to send you promotions, special offers and marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
Complaints
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at adops@myntagency.com and we will endeavor to deal with your request. This is without prejudice to your right to launch a claim the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.
Changes to This Notice
If we make changes to this Privacy Policy, we will post the new policy here. We encourage you to periodically check back to remain up to date on our privacy practices.
Contact Us
If you have questions, comments, or concerns about this Privacy Policy, please contact us at adops@myntagency.com