Milivate Terms of Service

Last Updated: January 17, 2026

Please read these Terms of Service (the "Terms") and our Privacy Policy ("Privacy Policy") carefully because they govern your use of the website located at https://www.milivate.com (the "Site") and offered by Milivate, Inc., a Delaware Corporation ("Milivate"). To make these Terms easier to read, the Site, our services are collectively called the "Services."

MILIVATE IS NOT ENDORSED, ASSOCIATED, AFFILIATED, OR APPROVED BY THE DEPARTMENT OF DEFENSE OR SKILLBRIDGE PROGRAM. WE ARE A PRIVATE ENTITY THAT PROVIDES AN UNOFFICIAL FREE RESOURCE FOR TRANSITIONING SERVICE MEMBERS TO SEARCH FOR SKILLBRIDGE PROGRAMS, APPLY FOR JOBS, AND MANAGE THEIR SEARCH.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MILIVATE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.

Agreement to Terms.
1. Agreement. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity
2. Types of Users
  1. Employers. Users that use the services to search for prospective employees, view resumes, profiles and post or distribute job openings ("Job Postings") on behalf of themselves or a third party are also referred to in these Terms as a "Employers"
  2. Candidates. If you use the Services to register for job alerts and/or email or any other method made available to you, or to upload your resumé, or to search for or apply to Job Postings, we refer to you as, a "Candidate".
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Registration and Accounts.
1. Age. you may use the Services only if you are 18 years or older and capable of forming a binding contract with Milivate, and not otherwise barred from using the Services under applicable law
2. Registration. To use the Services, you must register. In doing so, you agree to: (i) provide true, accurate, current and complete information about yourself ("User Profile") and (ii) maintain and promptly update such information. You agree that Milivate may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one account for your own personal use and not share your account or Milivate subscription with others. If you provide any information in your User Profile that is inaccurate or not current, you have created multiple accounts, or Milivate has reasonable grounds to suspect that such User Profile is inaccurate or not current, Milivate may suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction
3. Account Protection. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices
4. Social Media Accounts. You may register for or log-in to your account via a third-party network, such as Google, or Apple. If you do so, you will authorize Milivate to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account, based on those companies' privacy policies. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
Your Content.
1. Posting Content. Our Services allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content". Milivate does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
2. Permissions to Your User Content. By making any User Content available through the Services, whether by direct contribution or by connecting to the Services to any of your social networking accounts, you you hereby grant to Milivate a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that:
  1. you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms.
  2. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Milivate on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  3. You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use the name or likeness of every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
4. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
5. Milivate's Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
Proprietary Rights.
1. Ownership. The Services are valuable property of Milivate protected by copyright and other intellectual property laws and treaties. As between you and Milivate, Milivate retains all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Milivate in connection with the Services. Milivate retains all rights in its trademarks, service marks and logos used in the Services.
2. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
General Prohibitions and Milivate's Enforcement Rights. You agree not to do any of the following:
1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
2. Use, display, mirror or frame the Services or any individual element within the Services, Milivate's name, any Milivate trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Milivate's express written consent;
3. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Milivate or any of Milivate's providers or any other third party (including another user) to protect the Services;
4. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Milivate or other generally available third-party web browsers;
5. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
6. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
8. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
9. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
10. Impersonate or misrepresent your affiliation with any person or entity;
11. post or submit any inaccurate, incomplete, or false biographical information or another person's information
12. Violate any applicable law or regulation; or
13. Encourage or enable any other individual to do any of the foregoing.
Milivate is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Additional Terms that Apply to Candidates. As a Candidate you can (i) use the Services to search for jobs, (ii) apply for jobs and internships ("Job Applications"), (iii) receive email updates of new jobs on the Services and industry updates ("Newsletter")
1. Military Affiliation. Milivate's Services are intended for members of the US Armed Forces (Active Duty, Guard and Reserve, and Veterans). Eligibility to participate in SkillBridge opportunities is contingent on maintaining the requirements set forth by the SkillBridge program (https://skillbridge.mil/military-members.htm).
2. Job Applications. By applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including your resume/CV), with the entity that posted the Job Advertisement.
  
  Milivate does not directly share any information with potential employers, all information is sent through the email address designated by the potential employer through the official SkillBridge posting. Milivate generates email contents based on your Content and preferences that you may preview and then submit to a prospective employer. You should therefore ensure that the information you provide (e.g. resume and profile information) is complete and accurate, and only contains information that you are comfortable sharing.
  
  If you ask Milivate to submit a message to any employer or third party or if you apply for a job using the Services, you accept that Milivate does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.
  
  Milivate cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient
3. Subscriptions. By creating an account and opting into our Newsletter and Job Alerts (collectively "Subscriptions"), you provide your express consent to receive electronic communications from us at the email address associated with your account. These Subscriptions are optional and are not a condition of maintaining a basic account with our Service, though they are designed to enhance your user experience.
  1. Our Newsletter is a periodic email communication that may include career advice, articles, industry news, feature updates to our Services, and promotional content from Milivate or our partners.
  2. Job Alerts are automated email notifications containing job listings that match criteria you have specified, such as keywords, industry, location, and other search parameters.
  You have the right to manage your Subscriptions and opt-out of receiving these communications at any time. You can do so by clicking the "unsubscribe" link located in the footer of any Job Alert or Newsletter email you receive from us. Each link is specific to the type of communication (e.g., unsubscribing from one Job Alert will not unsubscribe you from others unless you choose that option, and unsubscribing from the Newsletter will not affect your Job Alerts).
Additional Terms that Apply to Employers. As a Employer, you can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, (iii) post and/or distribute Job Postings on behalf of yourself and/or a third party, and (iv) connect directly with Candidates through features and functions available through the Services.
1. One-Time Payments and Subscriptions. Milivate requires payment of a fee for use of the Services (or certain portions thereof) for Employers and you agree to pay such fees. You have the option of making a one-time payment ("One-Time Payment") or purchasing a subscription ("Subscription") for such use.
  1. General. Whether you make a One-Time Payment or purchase a Subscription (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
  2. Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges ("Subscription Fee"), at the beginning of your Subscription and each period (monthly/annually) thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE MILIVATE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Milivate will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Milivate. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
  3. Cancelling Subscription. you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to info@milivate.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
2. Indemnity. You understand and agree that you are solely responsible for any liability arising out of publication of Job Postings or material to which users can link though such Job Postings. You agree to indemnify and hold Milivate and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Postings provided by you or any other content provided by you, or your breach of this Agreement
3. Candidates. We do not guarantee any responses, or the number of responses, to your Job Postings, including, without limitation, views, clicks, or applications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of candidates that you will receive as a result of your Job Posting. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
4. Assumption of Risks. Milivate makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. You accept that Milivate acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual Candidate-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Postings or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Postings have the required qualifications to meet your requirements.
DMCA/Copyright Policy.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of user who repeatedly infringe the intellectual property rights of others. If you believe that any User Content on our Services infringe any copyright that you own or control, you may contact Milivate's designated agent.
‍
Designated DMCA Agent: CEO
Address: 1209 Orange Street, Wilmington, DE 19801
Telephone Number: +1 863-496-3144
Email Address: dmca@milivate.com
‍
If the User Content infringes rights protected by U.S. copyright laws, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper DMCA notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Intrinsic for certain costs and damages.

If you believe that your content was wrongfully removed due to a mistake or misidentification, you may submit a counter-notification. To submit a valid counter-notification, please provide the following information to our designated DMCA agent: (1) identification of the material that has been removed or to which access has been disabled, (2) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification, (3) your name, address, and telephone number, (4) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and (5) your physical or electronic signature. Upon receipt of a valid counter-notification, we will forward it to the original complainant. If the complainant does not notify us of a lawsuit within 10 business days, we may restore the removed content.
Links to Third-Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Third party websites or resources are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any of the information or content accessed through third party websites accessed through the Services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
No Government Affiliation. Milivate is a private entity, and is not affiliated with, endorsed by, or sponsored by, or in any way officially connected to the United States Government, the United States Armed Forces, or the Department of Defense (DoD) SkillBridge program. Milivate is not an authorized Department of Defense (DoD) SkillBridge organization. Our platform is an independent job board and career resource. Qualifying SkillBridge opportunities are sourced from the official SkillBridge website (https://skillbridge.mil/). While an employer listing a job or internship on our site may be an approved SkillBridge partner, our service itself does not confer any status or eligibility related to the SkillBridge program. Applicants are solely responsible for verifying an employer's SkillBridge status by reviewing the SkillBridge Website.
Other Users and Assumption of Risk.
1. You are solely responsible for your interactions with other Milivate users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Milivate shall have no liability for your interactions with other users, or for any user's action or inaction. Milivate shall have no obligation to you to enforce these Terms against any other user
2. You understand and agree that Milivate does not, and cannot, confirm that each user is who he/she/they claim to be. We are not responsible for authenticating users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other users, including, without limitation, Candidates, employers, staffing agencies, and recruiters. You assume all risks associated with users with whom you come into contact. If you have any disputes or issues with any user you agree to pursue any remedies directly with the applicable user and you release Milivate, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at info@milivate.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5(b), 5(c), 5(e), 8(a) (only for payments due and owing to Milivate prior to the termination), 13, 14, 15, 16, 17, 18, and 19.
Warranty Disclaimers. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
Indemnity. You will indemnify and hold Milivate and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MILIVATE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILIVATE OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL MILIVATE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (A) AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MILIVATE FOR USE OF THE SERVICES OVER THE PRECEDING 6 MONTHS OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MILIVATE, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MILIVATE AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Milivate are not required to arbitrate will be the state and federal courts located in the Polk County, Florida, and you and Milivate each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Milivate agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Milivate are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
2. Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
  
  Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
5. Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
6. Class Action Waiver. YOU AND MILIVATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
7. Severability. With the exception of any of the provisions in Section 17(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
1. Reservation of Rights. Milivate and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Milivate and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Milivate and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Milivate's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Milivate may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
3. Notices. Any notices or other communications provided by Milivate under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted
4. Notice for California Users. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolve, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
5. Waiver of Rights. Milivate's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Milivate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Milivate at info@milivate.com