Please review these Terms of Use (and together with all other terms or policies posted by Mejo on the Mejo Site, including any updates, collectively, the “Terms”) carefully. These Terms govern your access to and use of the Mejo Site.
As a condition for your use of Mejo’s Site, you represent and warrant that (1) you possess legal authority to enter into these Terms and to perform obligations hereunder (or a parent or guardian who possesses legal authority on behalf of a third party); (2) these Terms do not and will not violate any other agreement to which you are bound or subject; (3) you will safeguard your account information and will supervise and be responsible for any use of your account by anyone other than you; (4) you will not infringe any right of any third party or harm any Mejo Site user; (5) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (6) you are not listed on any U.S. government list of prohibited or restricted parties. Mejo’s website is hosted in the United States and our Online Services are intended only for and is only available to residents of the United States.
Under no circumstances may our Services be used by a child under 18 years old. As a parent or guardian of unemancipated minors, you may use the Services on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms that are applicable to you are equally applicable to such minor.
BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, AND TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN THE STATE OF ARKANSAS. IF YOU DO NOT AGREE WITH THIS AGREEMENT,YOU CANNOT USE THE SERVICES. IF YOU VIOLATE OR DO NOT AGREE TO THESE TERMS,THEN YOUR ACCESS TO AND USE OF THE MEJO SITE IS UNAUTHORIZED. THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
When we say:
We may update these Terms at any time by posting an updated Terms of Use (with are vision date included) on the Mejo Site or otherwise providing you notice of the changes. By continuing your access to or use of the Mejo Site after we provide notice of any changes, you accept the updated Terms. Any changes made to the Terms will not apply to any dispute between you and us arising before the date on which we posted the updated Terms or otherwise notified you of such changes.
Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services or on the Mejo Site is intended to or should be considered to be medical advice, medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. 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 Content 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.
We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.
You are solely responsible for maintaining the confidentiality and security of your login credentials and all personal information. You may not use a third party’s account or permit a third party to use your account at any time. Mejo is not responsible for any losses arising out of the unauthorized use of your account, or if you lose or share access to your device.
In connection with the Mejo Site, you may not nor permit, encourage, assist or allow any third party to:
Mejo may modify, restrict, suspend, or discontinue all or any portion of the Services at any time without notice to you. These terms are effective unless and until they are terminated by us or by you. You may terminate these Terms at any time, provided you discontinue any further use of the Services. We may suspend or terminate these Terms at any time, immediately without notice, and deny you access to the Mejo Site, if in our sole discretion, you fail to comply with any provision of these Terms.
Upon any termination and except for any Work Product, you must promptly destroy all Content and Materials obtained from the Mejo Site, and any copies of the Content and Materials, whether made under these Terms or otherwise.
Any Work Product shall be owned by you and considered work made for hire by us for you. To the extent any Work Product is not considered a work made for hire, we assign all right, title and interest in and to such Work Product to you. Mejo shall only use your Work Product in connection with providing Services to you.
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. For clarification, Materials are licensed (not sold) to end users. Resale or unauthorized distribution of Materials is strictly prohibited. For the purposes of these Terms, “resale” means purchasing or intending to purchase any Materials from Mejo for the purpose of engaging in a commercial sale of the same Materials to a third party.
Subject to these Terms, Mejo grants you a limited, non-transferable, non-exclusive, revocable license to possess and use the Services for your personal use within the United States for so long as you are permitted by Mejo to use the Mejo Site.
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; OR WITH RESPECT TO THE WORK PRODUCT, MATERIALS AND SERVICES, ANY WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS, CURRENTNESS, COMPLETENESS OR PERFORMANCE; OR WITH RESPECT TO THE MEJO SITE, ANY WARRANTIES OF OPERATION, SECURITY, DATA PROTECTION, AVAILABILITY OR FUNCTIONALITY.
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 WORK PRODUCT 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.
References on the Mejo Site to any names, marks, products, or services by 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).
For any use of the Mejo Site that may be available through a compatible mobile device and may require cellular network coverage, you agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
We make no warranties or representations of any kind, express, statutory or implied as to:
You may not use the applicable Services except in compliance with such third party’s Terms of Service. Unless required by applicable law, Services delivered by third parties are provided on an “AS IS” basis without warranties or conditions of any kind, either express or implied. Please see applicable Terms of Service for specific language governing permissions and limitations.
You agree that any personal information that you provide through the Mejo Site will be used by Mejo in accordance with Mejo’s Privacy Policy, which may be updated from time to time.
IN PROVIDING YOUR INFORMATION, YOU ACKNOWLEDGE THAT TRANSMISSIONS BY YOU TO OR FROM THIS SITE ARE NON-CONFIDENTIAL AND THAT OTHERS MAY READ AND/OR INTERCEPTSUCH TRANSMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THECONFIDENTIALITY AND SECURITY OF YOUR LOGIN INFORMATION, INFORMATION ANY WORK PRODUCT AND FOR ALL YOUR ACTIVITIES, TRANSMISSIONS AND CONSEQUENCES THEREOF INRELATION TO THIS SITE. MEJO IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR INFORMATION THAT RESULTS FROM YOUR USE OF THIS SITE.
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:
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 inappropriate 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.
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 SITE, SERVICES, AND CONTENT REMAINS WITH YOU. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MEJO DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON YOUR USE OF THE SERVICES. 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 MEJO’S 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, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE 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.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT WILL MEJO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MEJO SITE EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
MEJO WILL NOT BE LIABLE FOR ANY CONTENT OF ANY THIRD PARTY LINKED OR REFERRED TO ONTHE MEJO SITE OR YOUR INTERACTION WITH ANY SUCH THIRD PARTY.
MEJO WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, IMPERMISSIBLE DISCLOSURE OR ALTERATION OF, INJURY, LOSS OR DAMAGE TO YOUR RECORDS, PROPERTY OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SERVICES OR FROM DELIVERY OF WORK PRODUCT, INCLUDING THOSE DAMAGES RELATED TO YOUR USE OF THE MEJO SITE.
IF YOU SHARE, OR AUTHORIZE THAT PERSONAL INFORMATION ENTERED INTO OUR ONLINE SERVICES BE SHARED, ANY SUCH SHARING IS AT YOUR OWN RISK. WE CANNOT AND DO NOT CONTROL THE SAFETY, SECURITY OR PRIVACY OF INFORMATION INCLUDING PERSONAL INFORMATION THAT YOU SHARE OR AUTHORIZE TO BE SHARED
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 result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your Data, including a claim that your Data caused damage to another person. 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 your Data, including any liability related to our use or non-use of your Data, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
You shall indemnify, defend, and hold Mejo, its officers, directors, users, employees, and agents harmless from all claims, losses, demands, liabilities, judgments, damages, and costs (including reasonable attorneys’ fees) arising from or relating to: (a) use of the 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; (b) a breach by you or any of your obligations, representations, warranties, or covenants contained in these Terms; or (c) any claim alleging that your Data, or the use of your Data pursuant to these Terms, infringes, misappropriates, or violates the intellectual property of any other rights of a third party or otherwise causes harm to a third party.
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.
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.
Entire Agreement. These Terms 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.
No Relationship. These Terms 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 are for reference purposes only and in no way define or limit the scope of the section.
Severability. If any provision of these Terms 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 will remain in full force and effect
No Waiver. The failure of Mejo to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Mejo’s rights with respect to such breach or any subsequent breaches.
Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
Clarity. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”
Admissibility. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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: “No Medical Advice,” “No Legal Advice,” “Your Use of the Mejo Site,” “Modification of Services, Suspension and Termination,” “Mejo Intellectual Property; License Grant and Use Of Mejo Materials,” “Disclaimer of Warranties,” “Third Party Sites,” “Privacy,” “Making a Claim of Copyright Infringement,” “Limitation of Liability; Assumption of Risk,” “Indemnification,” “Governing Law and Jurisdiction” and “General.”
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.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by mail at 100 Monroe St. Centerton, AR 72719-9315 orby email contact@mymejo.com.
If you are a North Carolina resident, the following provisions will apply:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Mejo Site, 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, Materials or Services, please contact us at mejo, LLC, Attn: Ryan D. Sheedy, 100 Monroe St. Centerton, AR72719-9315. 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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