mejo's terms of use

(Last modified August 2023)

Introduction

These terms of use are entered into by and between you and mejo, LLC (“Mejo,” “we,” “us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of mymejo.com, including any content, functionality, and services offered on or through mymejo.com including but not limited to any applications, systems, servers and networks used to make the Mejo Site available (collectively, the “Services” on the “Mejo Site”).

Please read the Terms of Use carefully before you start to use the Mejo Site. By using the Mejo Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference, including its defined terms where not defined herein. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Mejo Site.

The Mejo Site and our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. You are not authorized to use the Mejo Site or our Services, including Uploading any User Content, if you are not resident in the United States. By using the Mejo Site, you represent and warrant that you are of legal age to form a binding contract with Mejo and meet all of the foregoing eligibility requirements. As a parent or guardian of an unemancipated minor, you may use the Services to Upload User Content regarding or concerning such minor. By doing so, you represent and warrant that you have the legal authority and power to do so, and acknowledge and agree, in such capacity, that all provisions of these Terms of Use that are applicable to you are equally applicable to such minor. If you do not meet all of these requirements, you must not access the Mejo Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Mejo Site and our Services thereafter. However, any changes to the dispute resolution provision set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties both have actual notice of before the date the change is posted on the Mejo Site.

No Medical Advice

Some materials that Mejo makes available on or through use of the Mejo Site, including without limitation self-help “fill in the blank” or other generated forms (“Mejo Materials”) may include health- or medical-related fields or information. Mejo Materials are provided for general informational purposes only. Mejo does not directly or indirectly practice medicine, render medical advice, or dispense medical care, medical information, or medical services via its Services or otherwise, and nothing contained in the Services or on the Mejo Site is intended to or should be considered to be complete or accurate for your needs or be medical advice, medical diagnosis or medical treatment. No medical professional/patient relationship is created by your use of our Services or the Mejo Materials. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, medical diagnosis, or medical treatment, and never disregard professional medical advice or delay seeking treatment based on any of the Mejo Materials or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.

No Legal Advice

Mejo does not provide legal advice and no attorney/client relationship is created between you and Mejo by or through your use of our Services. Accordingly, if you have legal questions seek appropriate legal counsel.

Your Use of The Mejo Site

As a user of Mejo’s Services, you must register for an account. Do not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account, login credentials, any Personal Information and Personal Health Information, and for all activities that occur on or through your account, and you agree to immediately take steps to secure your account confidentiality and security including by changing your account password and to notify Mejo of any security breach of your account. You further acknowledge and agree that the Services are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. Mejo shall not be responsible for any losses arising out of the unauthorized use of your account resulting from you not following these rules, including but not limited to that arising from any loss of or shared access to your device. You acknowledge that transmissions by you to or from the Mejo Site are non-confidential and that others may read and/or intercept such transmissions.

Mejo Intellectual Property; Limited License Grant and Use of Mejo Materials

“Intellectual Property Rights” means all of Mejo’s patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, Mejo Materials, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. All Services and any Intellectual Property Rights related thereto, shall be and remain the sole property of Mejo. You shall have no right or interest in or claim to any Services or any derivatives thereof or modifications or adaptations thereto, except as provided in these Terms of Use. For clarification, Mejo Materials are licensed (not sold) to end users. Resale or unauthorized distribution of Mejo Materials is strictly prohibited. For the purposes of these Terms of Use, “resale” means engaging in a commercial or private sale of Mejo Materials to a third party.

Subject to these Terms of Use, Mejo grants you a limited, non-transferable, non-exclusive, revocable license to possess and use the Mejo Materials and the Services for your personal use within the United States only for so long as your access to the Mejo Site and its Services is not terminated.

In connection with the Mejo Site, you may not yourself, and may not permit, encourage, assist or allow any third party to:

  • use the Services for any commercial, fraudulent or otherwise tortious or unlawful purpose or otherwise modify the Services in any way other than authorized editing permitted to make a Product effective for your individual use;
  • remove any copyright, trademark, or other proprietary rights notice from the Services;
  • systematically download and store, reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute, or otherwise exploit the Services;
  • use the Services or Mejo’s trademark, URL, name, logo or brand within any meta tags, metadata or hidden texts or to send any form or method of  advertising, promotional or other unsolicited materials, content or products;
  • pose a security risk to, restrict or inhibit any person’s use of or interfere with or disrupt the operation of the Mejo Site, including without limitation by hacking or defacing any portion of the Mejo Site or violating any requirement, procedure or policy of Mejo;
  • reverse engineer, decompile or disassemble any portion of the Mejo Site or frame, mirror or otherwise incorporate any portion of the Services into any product or service;
  • make available through or in connection with the Mejo Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • harvest or collect information about users of the Mejo Site;
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Mejo Site;
  • cause injury or property damage to Mejo or any person or entity;
  • interfere with or disrupt the Services; or
  • violate any law, rule, or regulation, or these Terms of Use.

Modification of Services, Suspension and Termination

Mejo may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services. Cause for such termination or suspension shall include: (a) violations of these Terms of Use or any other policies or guidelines that are referenced herein and/or posted on the Services; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Services, provided that in the case of non-material breach, Mejo will be permitted to terminate only after giving you thirty (30) days’ notice and only if you have not cured the breach within such thirty (30) day period. Any such termination or suspension shall be made by Mejo in its sole discretion and Mejo will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services including for loss of User Content.

Mejo may also terminate your account upon 30 days’ prior notice via email to the address associated with your account if: (a) your account has been inactive for one (1) year; or (b) there is a general discontinuance of the Services or any part thereof. Notice of general discontinuance of Services will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Mejo’s reasonable control. In the event of such termination, Mejo will provide you with a pro rata refund of any pre-payment for your then-current paid term. Mejo shall not be liable to you for any modifications to the Services or Terms of Use in accordance with this section. Mejo will delete information and data including User Content stored in or as a part of your account thirty (30) days from termination.

You may request that your account be deleted and terminate your further use of the Services at any time. Before doing so, please download your User Content. Upon termination of your account you will lose all access to the Services and any portions thereof, including, but not limited to, your account and User Content. Mejo will delete information and data including User Content stored in or as a part of your account thirty (30) days from termination.

User Content

The Mejo Site may provide interactive features (collectively, "Interactive Services") that allow you to back up, display, download, post, publish, recall, save, send, share, store, submit, upload, or transmit to other users or other persons, publicly or privately (inclusively, "Upload" and its past-tense “Uploaded”) any information that may be generated, encountered or Uploaded on the Mejo Site or through the use of Mejo’s Services, including but not limited to audio files, communications, content, data, data files, descriptions, diagnostics, documents in any format including but not limited to portable document format, financial information, form submissions, graphics, images, information, insurance information, materials, messages, notes, personally identifiable information, photographs, presentations, printed materials, Personal Information, Personal Health Information, protected health information, reports, results, sounds, videos, written text, tests, test results and similar and dissimilar items (hereinafter, "User Content") on or through your account or Services on the Mejo Site.

All User Content must comply with the Content Standards set out in these Terms of Use. Mejo does not claim ownership of the User Content you Upload on or through your account or Services on the Mejo Site.

You understand that in order to provide the Services and make your User Content available to you, Mejo may transmit your User Content across various public networks, in various media, and modify or change your User Content to comply with technical requirements of connecting networks or devices or computers. You agree that Mejo may take any such actions.

You represent and warrant that:

  • you own or control all rights in and to the User Content and have the right to Upload the User Content on or through your account or Services on the Mejo Site.
  • all of your User Content do and will comply with these Terms of Use.
  • you are solely responsible for any User Content you Upload, and you, not Mejo, have full responsibility for such content, including that content’s legality, reliability, accuracy, and appropriateness.
  • you acknowledge and agree that Mejo is not responsible or liable to any third party for the content or accuracy of any User Content Uploaded by you or any other user of the Mejo Site.
  • you understand and agree that your use of the Mejo Service and any User Content is solely at your own risk.
  • if you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other facility of the Mejo Site to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Mejo your or any third party’s business associate.

Monitoring, Enforcement, Legal Disclosure

We have the right to:

  • remove or refuse to allow you to Upload any User Content for any or no reason in our sole discretion.
  • take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mejo Site or the public, or could create liability for Mejo.
  • disclose your identity or other information about you to any third party who claims that User Content Uploaded by you violates their rights, including their intellectual property rights or their right to privacy.
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mejo Site.
  • terminate or suspend your access to all or part of the Mejo Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Mejo reserves the right to take steps Mejo believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use. You acknowledge that Mejo may, without liability to you, access, use, preserve, and/or disclose your account and any User Content to law enforcement authorities or government officials as Mejo believes is reasonably necessary or appropriate, if legally required to do so if Mejo has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce these Terms of Use, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Mejo, its users, a third party, or the public as required or permitted by law. You acknowledge that Mejo is not responsible or liable in any way for any User Content provided by others and has no duty to screen such User Content. However, consistent with Mejo's Privacy Policy, Mejo reserves the right at all times to determine whether User Content is appropriate and in compliance with these Terms of Use, and may prescreen, move, refuse, modify and/or remove User Content at any time, without prior notice and in its sole discretion, if such User Content is found to be in violation of these Terms of Use or is otherwise objectionable. YOU WAIVE AND HOLD MEJO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MEJO DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MEJO OR LAW ENFORCEMENT AUTHORITIES.

Mejo has no duty to screen any User Content, and does not undertake to review User Content before you Upload it to your account on the Mejo Site. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • ·Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Authorization and Consent to Sharing by Text/SMS Messaging

If you decide to share some or all of the Personal Information or Personal Health Information associated with your Mejo Site account with a third party by text/sms messaging, you hereby confirm that by requesting that Mejo, as transmission intermediary, share that Personal Information or Personal Health Information with that third party by text/sms messaging, you have previously obtained consent from that third party for Mejo to contact and share that information with that third party by text/sms messaging on your behalf.

Backups. You are responsible for backing up, to your own computer or other device, any User Content that you Upload or access via the Services. Mejo may create backups for the data on the Mejo Site, which may include your User Content. If an account has not been used for one (1) year, Mejo reserves the right to delete any backups associated with your account. Mejo shall use reasonable skill and due care in providing the Services, but TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEJO DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY UPLOAD OR ACCESS THROUGH THE SERVICES WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF USE, AND MEJO SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternative backup of your User Content.

Third Party Sites

References on the Mejo Site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not owned, controlled, endorsed, sponsored or recommended by Mejo. Mejo is not responsible for the content of any third-party linked site, or any link contained in a linked site, including any third-party social media or mobile application platform with which the Mejo Site may operate or otherwise interact. Mejo is not responsible for the acts or omissions of any operator of any such site or platform nor is it a party to or in any way monitoring any transactions you have with a third party. Your use of any such third-party site or platform is at your own risk and will be governed by the third party’s terms and policies (including its privacy policy).

Privacy

You agree that any Personal Information or Personal Health Information that you provide through the Mejo Site including through User Content Uploads will be used by Mejo in accordance with Mejo’s Privacy Policy, which may be updated from time to time.

Making A Claim Of Copyright Infringement

We respect the intellectual property of others. If you believe your work has been copied and is accessible on the Mejo Site in a way that infringes your copyright, you may request removal of those materials from the Mejo Site by submitting written notification to our DMCA agent designated below. For your notice to be valid under the DMCA, it must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including name, postal address, telephone number, and, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Under the DMCA, if you knowingly, materially misrepresent that material or activity on the Mejo Site is infringing your copyright or was removed or disabled by mistake or misidentification, you may be held liable for damages, including costs and attorneys' fees. In accordance with the DMCA and other applicable law, it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. We may also at our sole discretion limit access to the services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Our designated copyright agent to receive DMCA notices and counter notices is:

Ryan Sheedy
mejo,LLC
100 Monroe St. Centerton, AR 72719-9315
(214) 629 3614
contact@mymejo.com

Note that to make a claim of infringement, you will be required to make a declaration, under penalty of perjury, that the information contained in your claim is correct and that you are the Intellectual Property Rights owner or an agent of the owner. If the information you submit is not accurate or complete, we may be unable to process or respond to your request. If you have questions about what intellectual property infringement is, or whether your rights were infringed, consider seeking legal advice.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SERVICES MADE AVAILABLE TO YOU ARE PROVIDED “AS IS” OR “AS AVAILABLE.” MEJO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ANY WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS, CURRENTNESS, COMPLETENESS OR PERFORMANCE, ANY WARRANTIES OF OPERATION, SECURITY, DATA PROTECTION, AVAILABILITY OR FUNCTIONALITY, OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY DATA WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED. MEJO DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES OR PERSONAL INFORMATION OR USER CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND MEJO DISCLAIMS ANY LIABILITY RELATING THERETO. YOU FURTHER ACKNOWLEDGE THAT THE MEJO SITE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE USER CONTENT, DATA, OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE. YOU AND YOUR DOCTORS AND/OR YOUR CHILD’S DOCTORS AND THEIR MEDICAL RECORDS ARE YOUR PRIMARY SOURCE OF GUIDANCE AND INFORMATION, NOT USER CONTENT UPLOADED TO MEJO, AND NOT MEJO ITSELF.

THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND SOLE RISK FOR YOUR USER CONTENT AND YOUR USE OF THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation Of Liability; Assumption Of Risk

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MEJO SITE, SERVICES, AND USER CONTENT REMAINS WITH YOU. MEJO DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION ARISING FROM OR TAKEN BASED ON YOUR USE OF OR ACCESS OR INABILITY TO ACCESS THE SERVICES OR USER CONTENT. MEJO CANNOT AND DOES NOT CONTROL THE SAFETY, SECURITY OR PRIVACY OF INFORMATION INCLUDING USER CONTENT, PERSONAL INFORMATION, PERSONAL FINANCIAL INFORMATION OR PERSONAL HEALTH INFORMATION THAT YOU SHARE OR AUTHORIZE TO BE SHARED INCLUDING BY OR THROUGH THE SERVICES OR THE MEJO SITE. MEJO IS NOT LIABLE FOR ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO, IMPERMISSIBLE DISCLOSURE OR ALTERATION OF, INJURY, LOSS OR DAMAGE TO YOUR OR ANY OTHER’S PERSONAL INFORMATION, PERSONAL HEALTH INFORMATION OR USER CONTENT THAT RESULTS, INCLUDING THOSE DAMAGES ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE MEJO SITE OR SERVICES. IF YOU SHARE, OR AUTHORIZE THAT ANY INFORMATION ENTERED INTO OUR ONLINE SERVICES INCLUDING BUT NOT LIMITED TO USER CONTENT, PERSONAL INFORMATION, PERSONAL FINANCIAL INFORMATION, OR PERSONAL HEALTH INFORMATION BE SHARED, ANY SUCH SHARING IS SOLELY AT YOUR OWN RISK. MEJO IS NOT RESPONSIBLE FOR PROVIDING YOU NOTICE OF ANY CHANGES, LEGAL OR OTHERWISE, THAT MAY AFFECT YOUR USE OR THE EFFECTIVENESS OF THE SERVICES.

NEITHER MEJO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MEJO SITE OR MEJO SERVICES WILL BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, LOSS OR CORRUPTION OF USER CONTENT, INCLUDING LOSS OR THEFT OF PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR THE MEJO SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEJO 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MEJO IS NOT LIABLE FOR ANY CONTENT OF ANY THIRD PARTY LINKED OR REFERRED TO ON THE MEJO SITE OR YOUR INTERACTION WITH ANY SUCH THIRD PARTY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR USER REGISTRATION. IN NO EVENT WILL MEJO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE MEJO SITE INCLUDING BUT NOT LIMITED TO THE LOSS OF USER CONTENT EXCEED THE AGGREGATE AMOUNT OF TEN DOLLARS ($10).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

Indemnification

You agree that you will indemnify and hold Mejo, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “Mejo Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that arise from your use of the Services (“Damages”), including but not limited to Damages that arise from: (a) a breach by you or any of your obligations, representations, warranties, or covenants contained in these Terms of Use or other documents incorporated herein by reference including but not limited to our Privacy Policy; (b) your violation of another’s rights, including but not limited to your Uploading or sharing User Content without authorization of the content owner or the person whose information is depicted or described in the User Content or any claim alleging that your User Content, or the use of your User Content pursuant to these Terms of Use, infringes, misappropriates, or violates the intellectual property of any other rights of a third party or otherwise causes harm to a third party; (c) any claim related to User Content, including but not limited to any claim that your Uploading or sharing of User Content caused Damages to another person or entity; (d) your use of the Mejo Site or Services (including claims by any of your employees or business partners) by you or any third party using a password assigned to you. This indemnification obligation will continue after you stop using the Services. In addition, you release the Mejo Parties from all claims, demands, actions, or suits in connection with User Content, including but not limited to any liability related to Mejo’s use or non-use of User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

Mejo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Mejo if and as requested by Mejo in the defense and settlement of such matter including payment of your indemnification for same.

Governing Law and Jurisdiction

All matters relating to the Mejo Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Mejo Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas, in each case located in the City of Little Rock and County of Pulaski, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver of Jury Trial

IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVES FOREVER TRIAL BY JURY.

Class Action Waiver

YOU AND MEJO 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 ACTION LAWSUIT, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, INCLUDING BY COMBINING INDIVIDUAL PROCEEDINGS, WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MEJO SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous

Entire Agreement. These Terms of Use represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.

No Relationship. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.

Headings. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

Severability. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect

No Waiver. The failure of Mejo to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Mejo’s rights with respect to you, to such breach or to any subsequent breaches.

Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

Clarity. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”

Admissibility. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Survival. The following sections will survive any termination of these Terms of Use: “No Medical Advice,” “No Legal Advice,” “Your Use of the Mejo Site,” “Mejo Intellectual Property; License Grant and Use Of Mejo Materials,” “Modification of Services, Suspension and Termination,” “User Content,” “Monitoring and Enforcement; Termination,” “Backups,” “Third Party Sites,” “Privacy,” “Making a Claim of Copyright Infringement,” “Disclaimer of Warranties,”  “Limitation of Liability; Assumption of Risk,” “Indemnification,” “Governing Law and Jurisdiction,” “Waiver of Jury Trial,” “Class Action Waiver,” “Limitation on Time to File Claims,” and “Miscellaneous.”

Electronic Notices

You consent to electronic communications delivery of notices and other communications (including email or the Mejo Site). All such notices and other communications sent to an email address shall be deemed received upon sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, return email or other acknowledgement) if sent to an email address. You are responsible for the accuracy and currentness of any email address you provide to Mejo.

How To Contact Us

If you have any questions about these Terms of Use or otherwise need to contact us for any reason, you can reach us by mail at 100 Monroe St. Centerton, AR 72719-9315 or byemail contact@mymejo.com.

North Carolina Residents

If you are a North Carolina resident, the following provisions will apply:

  • The disclaimers of warranties and limitations of liability herein will not apply to you.
  • These Terms of Use will not be construed to limit your recovery of damages or other remedies.
  • These Terms of Use will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and us.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Mejo Site, Mejo Materials and Services are provided by mejo, LLC, 100 Monroe St. Centerton, AR 72719-9315. If you have a question or complaint regarding the Mejo Site, Mejo Materials or Services, please contact us at mejo, LLC, Attn: Ryan D. Sheedy, 100 Monroe St. Centerton, AR 72719-9315.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

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