MINTI COWORK AND CONFERENCE, LLC CLIENT MEMBERSHIP TERMS AND CONDITIONS
Updated: 04/26/24
General
1. Overview. Except to the extent prohibited by applicable law, these Terms and Conditions and the rules, terms and policies referenced and incorporated herein (the “Minti Client Terms”), the Membership Details Form, and any other applicable policies and procedures as provided or made available to you from time to time (collectively, the “Agreement”), describe your rights and obligations in connection with your access to Minti workspaces and services provided as part of, or that are incidental or related to, your Minti Client Membership (as described herein and as available from time to time, the “Services”). By using the Services, you are agreeing that you, and any individuals you authorize to use your Minti Client Membership (your “Client Members” or “Members”), shall abide by and be bound by this Agreement.
2. Applicable policies and terms of service. The Minti Client Membership is subject to the: (i) Client House Rules attached as Exhibit A, and the house rules of any Premises at which you and your Client Members receive or use Services (collectively, the “House Rules”), (ii) Minti policies, including the Minti Privacy Policy, available at https://minticowork.com/privacy-policy/ (the “Minti Privacy Policy”), (iii) Minti Member Network Terms of Service available at https://minticowork.com/terms-of-service/ (the “Minti Member Network ToS”), (iv) Minti Data Connection & Internet Access Terms of Services available at https://minticowork.com/internet-access-tos/ (the “Minti Data Connection & Internet Access ToS”), and (v) the additional guidelines, terms, conditions and/or rules (including additional payment obligations) applicable to any additional services you or your Client Members purchase from us. In order to access the Services, you, on your behalf and on behalf of your Client Members, hereby agree to these policies and terms of services and any updates thereto. We may from time-to-time update, amend or supplement these Terms and Conditions, our policies and our terms of service, and shall provide you with thirty (30) days’ notice of such updates. You and your Client Members shall be deemed to have accepted such updates, amendments or supplements by continued use of the Services.
3. Who we are. Who we are for purposes of this Agreement is the Minti Cowork and Conference LLC. We reserve the right to change the legal entity that charges you for the Services. The relevant entity with which you enter into this Agreement shall be known in this Agreement as “we”, “our” “us” or “Minti”.
4. Who you are. References to “Client Member”, “Member Company”, “Company”, “you”, “your” and similar words in this Agreement refer to the entity or individual registering for or receiving the Services and agreeing to be bound by this Agreement. If you are entering into this Agreement on behalf of an entity or on behalf of other individuals, you represent and warrant that you have all necessary right, authority and consent to bind such entity or individuals to this Agreement. You shall be responsible for your Client Members’ compliance with this Agreement. In addition, by agreeing to this Agreement, you are confirming that you and your Client Members are using the Services exclusively for business purposes and not as a consumer (as such term may be defined by the applicable laws and regulations in the jurisdiction the laws of which govern this Agreement).
5. What are “Services”? Subject to the terms of this Agreement, Minti will use commercially reasonable efforts to provide you and your Client Members the Services at Minti premises offering access to Client Members (the “Premises”) beginning on the Start Date. In order to use the Services, you and your Client Members will be required to download our mobile app and access the Minti Member Network. The Services include:
a. Access and use of common areas at the Premises, subject to the conditions set out in this Agreement.
b. Access to and use of the Minti Member Network site in accordance with the Minti Member Network ToS.
c. Access to and use of the shared Internet connection in accordance with the Minti Data Connection & Internet Access ToS.
d. Use of the Conference rooms at the Premises, subject to availability and upon prior reservation of such conference rooms through the Minti Member Network, using the credits available under the terms of your Minti Client Membership.
e. Use, within the Premises, of kitchens and beverages made available therein.
f. Opportunity to participate in Client Members-only events, benefits and promotions.
g. Any other services you or your Client Members may purchase directly from us.
Use of credit-based Services that are in excess of any existing credits is subject to the applicable fees for such Services. Credits do not roll over from month to month. Monthly credits are determined based on the number of Client Members, but the aggregate number of credits is available to all of your Client Members (and not allocated individually to each Client Member). Client Members are not permitted to use the address of any of our Premises for mail and package delivery [unless this is a designated Service], and Minti shall have no liability in connection with any mail or packages delivered to a Client Member at our Premises.
6. Changes to our Services or these Terms. The availability and scope of the Services and the Premises at which the Services are available are subject to change from time to time in our sole discretion. The Services may also vary by geographical area or by specific Premises.
7. Guests. The Minti Client Membership is intended for the use of the person to which it is allocated and is not intended to provide access and use to other parties. Guests are not permitted, other than in connection with conference room bookings. If a Client Member has booked a conference room, guests may be registered and given access to the booked conference room. The number of guests is limited to the number of people permitted in the booked conference room. The guests will be permitted to access the Premises only during such booking period. Minti reserves the right, in its sole discretion, to restrict the access of guests in the event that such use violates the purpose or intent of the Minti Client Membership.
Creating Your Minti Client Membership
8. Eligibility. Unless otherwise specified by us in writing, the Services are only available to individuals who are at least 21 years old. You will be responsible for ensuring that your Client Members qualify before accessing or using the Services in any way and before providing any personal information to us (e.g., name, address, telephone number or email address).
9. Passwords and keycards. You and your Client Members’ Accounts created on the Minti Member Network (each, an “Account”) are specific to you and/or your Client Members. Neither you nor your Client Members shall reveal your Account password or transfer your keycard or other access device or credentials to anyone else or let anyone use your Account, even if such other individual is associated with your company, unless such person has been previously authorized and identified via the Minti Member Network. Neither you nor your Client Members, nor any third party on your behalf, shall make any copies of any means of entry to the Premises (each, a “Client Device”). If you believe someone may have used passwords or Client Devices associated with your Minti Client Membership without your authorization, please immediately change such passwords and contact us at help@Minticowork.com. You and your Client Members are responsible for all actions in connection with the Accounts, regardless of whether you authorized such actions. Client Devices remain our property and must be returned immediately by you and your Client Members upon termination or expiration of your Minti Client Membership.
10. Client Members. You are responsible for preparing and sharing a list of your Client Members with us or uploading such information directly through the tools we provide, as applicable. You shall ensure that the information about your Client Members is complete and accurate. In the event your relationship with one of your Client Members changes or ends, you agree to promptly update such information and notify us that the individual should no longer receive access to the Services. You hereby represent and warrant to us that (a) you have the proper authority to create, terminate and maintain the Accounts and to add and remove Client Members to and from the Accounts and (b) you have obtained all necessary consent from Client Members for the creation of their accounts. You also agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations including where such breach is caused by any of your Client Members.
Paying for Your Minti Client Membership
11. Payments. The payment method provided by you will automatically be charged the fees and any other amounts you may incur or be liable for in connection with the Services. Recurring fees, which may include recurring membership fees (“Membership Fees”), begin accruing on the Start Date and will be charged on the first (1st) of each month unless we notify you otherwise. You are responsible for paying all Membership Fees through the end of the Term. Overage fees and other non-recurring fees (including for damages caused to any of our Premises or property) will be charged within thirty (30) days of you accruing such fees. If payment of any accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, you will be responsible for paying the then-current late charge. The current late fee and overage fee schedules are available on our website at www.minticowork.com/fees. You and your Client Members’ use of the Services may be immediately suspended or terminated if we are unable to charge your payment instrument for any reason. When we receive funds from you, we will first apply the funds to any balances which are in arrears and to the earliest month due first. Following any Commitment Term, we reserve the right to further increase or decrease the Membership Fee at our sole discretion upon thirty (30) days’ prior notice to you.
12. Taxes. You agree to pay promptly: (i) all sales, use, excise, value added, and any other taxes which you are required to pay to any other governmental authority (and, at our request, will provide to us evidence of such payment) and (ii) all sales, use, excise, value added and any other taxes attributable to your Minti Client Membership and to any other services provided to you by us, as shown on your invoice. Where VAT is charged in connection with your Membership, you acknowledge that the Services are subject to VAT and declare that you shall use the Services for VAT liable business activities.
Use of the Services
13. House Rules. You and your Client Members must comply with the House Rules, including the Client House Rules attached as Exhibit A while using Services at any Premises. In addition, Client Members will not misuse the Services, which misuse includes repeatedly failing to utilize Services for which you have an active reservation.
14. Security. All Members must badge into Minti buildings using their Client Device. To the extent permitted by law, your Client Members shall be required to provide valid government issued identification in order to be issued an activated passcode/device to access the Premises and before entering any of our buildings.
15. Privacy. We collect, process, transfer and secure personal data about you and your Client Members pursuant to the terms of the Minti Privacy Policy, and in accordance with all applicable data protection laws. You hereby confirm that (i) you have and rely upon an adequate legal basis, including without limitation consent where required, to collect, process, and transfer Members’ personal data to us, and (ii) you collect and process Members’ personal data in accordance with applicable laws.
16. Property. We are not responsible for any property you or your Client Members leave behind in any of our Premises. It is your and your Client Members’ responsibility to ensure that personal items are secure. We will be entitled to dispose of any property remaining in any of our Premises and you and your Client Members waive any claims or demands regarding such property or our handling of such property.
17. Other members. We do not control and are not responsible for the actions of other individuals you or your Client Members encounter through the use of the Services; this includes other Minti Client Members, Users and their guests at any Premises or on our Member Network. We do not endorse, support or verify the facts, opinions or recommendations of our Minti Members. If a dispute arises between Users, we have no responsibility or obligation to participate, mediate or indemnify any party, except to the extent that such dispute is the result of Minti’s gross negligence or willful misconduct.
18. Third party products or services; Tech Platforms, Apps, Portals. The Services do not include, and Minti is not liable for, the provision of products or services by third parties that any Client Member Company may elect to purchase or use in connection with this Membership (“Third Party Services”), even if they appear on a Minti invoice. Third Party Services are provided solely by the applicable third-party service provider (“Third Party Service Provider”) and pursuant to separate arrangements between you and the applicable Third-Party Service Providers. Additionally, during the Term, you and your Client Members may have access to certain platforms, apps, or portals as part of the membership. To the extent such platforms, apps, or portals have their own terms of use, such terms shall govern use of the applicable system. For those without terms of use, such platforms, apps, or portals shall be provided to you and your Members “as-is”, and without any representations or warranties.
Termination
19. Membership Termination. This Agreement may not be terminated by you prior to the end of the Commitment Term, and any such termination shall constitute a breach of this Agreement. To terminate your Minti Client Membership at the end of the Commitment Term, you must provide us at least five (5) days’ notice prior to the last day of your Commitment Term specified in the Membership Details Form. Otherwise, unless set forth on the Membership Details Form, following the Commitment Term, your Minti Client Membership shall continue on a month-to-month basis until terminated in accordance with this Agreement (the term commencing on the Start Date and ending on the later of the last day of the Commitment Term or any month-to-month term, the “Term”). If you terminate your Client Membership prior to the end of the Commitment Term, your Membership Fee payment obligations through the end of the Commitment Term shall become immediately due. To terminate your Client Membership during any month-to-month term, you must provide us with at least five (5) days’ notice prior to the last day of a calendar month (“Termination Effective Month”). Such termination will be effective on the last day of the Termination Effective Month. In all cases, notice of termination must be provided (a) to your Minti member success contact or (b) if you have no such contact, by emailing us at help@Minticowork.com or through the tools we provide you to manage your Minti Client Membership (including the Account platform). If you or your Client Members fail to comply with the provisions of this Agreement we may, in our sole discretion, restrict your or your Client Members’ access to the Services and/or terminate your Minti Client Membership or any Client Account with immediate effect and without prior notice to you; we may also immediately terminate any of your Client Members at our sole discretion. In addition, we may decline to continue your Minti Client Membership after the end of the Commitment Term in our sole discretion. We do not provide refunds upon termination or cancellation of your Minti Client Membership, including individual Client Members’ Accounts with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Minti Client Membership. We may also terminate your Minti Client Membership with thirty (30) days’ prior notice if we discontinue the Minti Client Membership program in whole or in part, or at any other time at our sole discretion.
Intellectual Property
20. Minti Intellectual Property; Use of the Minti Name; Photos of the Premises. You and your Client Members may not take, copy or use for any purpose (a) the name "We", “Minti” or any of our other business names, trademarks, service marks, logos, designs, copyrights, patents, trade secrets, trade dress, marketing material, other identifiers or other intellectual property ("Intellectual Property"); (b) any derivations, modifications or similar versions of the same; or (c) any photographs or illustrations of any portion of a Premises, for any purpose, including competitive purposes, without our prior consent, provided that during the Term you will be able to use “Minti” in plain text to accurately identify an address or office location. You acknowledge that Minti owns all right, title and interest in and to its Intellectual Property. You may not file for ownership rights of any of our Intellectual Property with any governmental authority or use our Intellectual Property in any advertising, including domain names, social media handles, or any form of media invented in the future. You may not, directly or indirectly, interfere with or object to, in any manner, our ownership rights or the use of our Intellectual Property or engage in any conduct that is likely to cause confusion between Minti and yourself, without our prior consent .
21. Intellectual Property of others. You and your Client Members may not take, copy or use any information or intellectual property belonging to other member companies or their members or guests, including without limitation any confidential or proprietary information, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
22. Publicity. You hereby consent to our non-exclusive, non-transferable use of your Member Company name and/or logo in connection with identifying you as a Member Company of Minti, alongside those of other member companies, on a public-facing “Membership” display on our website as well as in video and other marketing materials. You warrant that your logo does not infringe upon the rights of any third party and that you have full authority to provide this consent. You may terminate this consent at any time upon thirty (30) days’ prior notice.
Disclaimer of warranties; Limitations of liability
23. Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your Client Members, and your or their employees, agents, guests and invitees, waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees against us and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Minti Parties”) and our landlords at the Premises resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet, except to the extent caused by the gross negligence, willful misconduct or fraud of the Minti Parties.
24. Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of any of the Minti Parties to you and your Client Members, and your or their employees, agents, guests and invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under this Agreement in the three (3) months prior to the claim arising. None of the Minti Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree, on your behalf and on behalf of your Client Members, that, to the extent permitted by law, neither you nor your Client Members may commence any action or proceeding against any of the Minti Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
25. Indemnification. To the extent permitted by law, you will indemnify the Minti Parties from and against any and all claims, including third party claims, liabilities, and expenses including reasonable attorneys’ fees, resulting from any breach or alleged breach of this Agreement by you or your Client Members or your or their guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the Minti Parties. You are responsible for the actions of and all damages caused by all persons and pets that you, your Client Members or your or their guests invite to enter any of the Premises. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the Minti Parties unless you have first obtained our or the relevant Minti Party’s written consent. None of the Minti Parties shall be liable for any obligations arising out of a settlement made without its prior written consent.
26. Insurance. You are responsible for maintaining, at your own expense and at all times during the Term, insurance in form and amount appropriate to your business.
Governing Law and Jurisdiction Specific Terms
27. Jurisdictional Terms. Unless otherwise set forth herein, this Agreement and the transactions contemplated hereby, shall be governed and construed in accordance with the laws of the State of North Carolina, without giving effect to those governing conflict of laws.
a. Venue; Dispute Resolution. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement, that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Charlotte, North Carolina, U.S.A.
b. Proceedings; Judgment. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. This Agreement shall be interpreted and construed in the English language, which is the language of the official text of this Agreement.
c. Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
28. Registered address; Business use. You may not use the address of any of our Premises or any address provided by us as your registered address. If you are found to be using an address provided by us as your registered address, you shall immediately complete the deregistration of such address with the relevant local authorities and you will be charged a fee equal to 150% of your monthly Membership Fee.
General Provisions
29. Enforceability. Each provision of this Agreement shall be considered severable. To the extent that any provision of this Agreement is prohibited or otherwise limited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law. Neither party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party.
30. Nature of these Terms. Notwithstanding anything in this Agreement to the contrary, this Agreement shall in no way be construed so as to grant you or your Client Members any title, easement, lien, possession or related rights in our business, the Premises or anything contained in our Premises. This Agreement creates no tenancy interest (including any security of tenure), leasehold estate, or other real property interest.
31. Relationship of the parties. You and we are independent contractors, and no agency, partnership, or joint venture relationship is intended or created by this Agreement. Neither party will in any way misrepresent our relationship.
32. No Assignment. Except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the shares or assets of you or your parent corporation, you may not transfer or otherwise assign any of your rights or obligations under this Agreement (including by operation of law) without our prior consent. We may assign this Agreement without your consent.
33. Sanctions. You hereby represent and warrant that (i) during the Term you and your Client Members will comply with all applicable U.S. and non-U.S. economic sanctions and export control laws and regulations, including but not limited to the economic sanctions regulations implemented under statutory authority and/or Executive Orders and administered by the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”) (31 C.F.R. Part 500 et seq.), the U.S. Commerce Department’s Export Administration Regulations (15 C.F.R. Part 730 et seq.), the economic sanctions rules and regulations of the European Council, United Kingdom, and EU Member States, and EU's Dual-use Regulation 428/2009 (collectively, “Trade Control Laws”); (ii) neither you nor any of your All Client Members, subsidiaries or affiliates, nor directors or officers is (a) a citizen or resident of, an entity organized under the laws of, or otherwise located in, a country subject to comprehensive territorial sanctions maintained by OFAC (hereinafter referred to as “Sanctioned Countries”), (b) identified on U.S. Government restricted party lists including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by OFAC; the Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department Bureau of Industry and Security; or the List of Statutorily Debarred Parties maintained by the U.S. State Department Directorate of Defense Trade Controls, (c) a listed person or entity on the Consolidated List of persons and entities subject to asset-freezing measures or other sanctions maintained by the European Union, and by the Member States of the European Union, or (d) a person or entity subject to asset-freezing measures or other sanctions maintained by the United Kingdom's HM Treasury (collectively referred to herein as "Restricted Parties"); (iii) neither you nor any of your Client Members, subsidiaries and/or affiliates are 50% or more owned, individually or in the aggregate, directly or indirectly by one or more Restricted Parties or otherwise controlled by Restricted Parties; (iv) less than 10% of your total annual revenues are, and will continue to be for the duration of the Agreement, generated from activities involving, directly or indirectly, one or more of the Sanctioned Countries; and (v) neither you nor any of your Client Members will, at any time during the term, engage in any activity under this Agreement, including the use of Services provided by Minti in connection with this Agreement, that violates applicable Trade Control Laws or causes Minti to be in violation of Trade Control Laws.
34. Anti-Money Laundering. You hereby represent and warrant that at all times you and your Client Members have conducted and will conduct your operations in accordance with all laws that prohibit commercial or public bribery and money laundering (the “Anti-Money Laundering Laws”), and that all funds which you will use to comply with your payments obligations under this Agreement will be derived from legal sources, pursuant to the provisions of Anti-Money Laundering Laws. You will provide us with all information and documents that we from time to time may request in order to comply with all Anti-Money Laundering Laws and enable Minti to verify and confirm your identity and business in accordance with our internal policies.
35. Anti-Corruption Laws. Neither you nor any of your Client Members, your directors, officers, employees, agents, subcontractors, representatives or anyone acting on your behalf, (i) has, directly or indirectly, offered, paid, given, promised, or authorized the payment of any money, gift or anything of value to: (A) any Government Official or any commercial party, (B) any person while knowing or having reason to know that all or a portion of such money, gift or thing of value will be offered, paid or given, directly or indirectly, to any Government Official or any commercial party, or (C) any employee or representative of Minti for the purpose of (1) influencing an act or decision of the Government Official or commercial party in his or her official capacity, (2) inducing the Government Official or commercial party to do or omit to do any act in violation of the lawful duty of such official, (3) securing an improper advantage or (4) securing the execution of this Agreement, (ii) will authorize or make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, in connection with this Agreement, the Services or the Premises. For purposes this section, “Government Official” means any officer, employee or person acting in an official capacity for any government agency or instrumentality, including state-owned or controlled companies, and public international organizations, as well as a political party or official thereof or candidate for political office.
36. Compliance with Laws. You hereby represent and warrant that at all times you and your Client Members have conducted and will conduct your operations ethically and in accordance with all applicable laws.
37. Extraordinary Events. Minti will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform arising out of or caused by, directly or indirectly, forces that are beyond Minti’s reasonable control, including, without limitation, any delays or changes in construction of, or Minti’s ability to procure any space in, any Premises; any conditions under the control of our landlord at the applicable Premises; acts or orders of Government; acts of God; epidemics or pandemics; or public health emergencies.
38. Brokers. You hereby represent and warrant that you have not used a broker or realtor in connection with the membership transaction covered by this Agreement. If you seek to terminate this Agreement or cease to pay your monthly Membership Fee except as otherwise explicitly permitted herein (each, an “Early Exit”), within fifteen (15) days of doing so, you shall reimburse Minti for any fees previously paid by Minti to a broker or realtor corresponding to the period following such Early Exit. You hereby indemnify and hold us harmless against any claims arising from the breach of any warranty or representation of this paragraph.
39. Interpretation. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation” where appropriate.
40. No third-party beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, including with respect to your Client Members, there shall be no third-party beneficiaries.
41. Counterparts and Electronic Signature. This Agreement may be executed in any number of counterparts by either handwritten or electronic signature, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement in accordance with applicable law. This Agreement may be executed using electronic means and the use of electronic signatures by the parties will have the same full force and legal effect as if the electronic signatures were traditional hand-written signatures in accordance with applicable law. You acknowledge that you have the ability to retain this Agreement either by printing or saving it.
42. Survival. Even after your Minti Client Membership agreement is terminated, or your or your Client Members’ access to the Member Network is terminated, or your or Client Members’ use of the Member Network discontinues, certain terms in this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Sections 1, 11, 18, 23-31, and 37-42 shall also survive any termination or expiration of this Agreement, as well as all other provisions of this Agreement reasonably expected to survive the termination or expiration of this Agreement.
43. Contacting us. If you have any questions relating to this Agreement, please contact your Minti Client contact.
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