Welcome to the website of Message.io, Inc. ("Mio"). These Terms of Use (“Terms”) govern your access to and use of Mio's website (the “Website”) located at https://m.io, including any content, functionality, and services offered on or through our Website.
Please review these Terms carefully before accessing orusing the website. By accessing or using our website, you ("You" or the “User”) agree to be bound by the terms and conditions set forth in these Terms and our Privacy Policy available here: https://www.m.io/privacy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Mio and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.
These Terms may be updated by Mio from time to time. Mio will provide notice to You of material changes to these Terms by posting the amended Terms on the Website. Your continued use of the Website after such changes have been posted indicates your binding consent and acceptance of such changes, and you waive any claims related to lack of notice if you continue using the Website after changes are posted.
All intellectual property rights in and to the Website, including but not limited to copyright, text, graphics, logos, images, and software, are owned by or licensed to Mio. These rights are protected by federal law, state law of Texas, and international treaties. Your use of the Website does not grant You any ownership rights in the Website or the content You access.
You may not use, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without the express written consent of Mio. Unauthorized use of the Website or any of its content may subject You to civil and criminal penalties.
In using the Website, You agree to not engage in any conduct that is unlawful, harmful to others, or prohibited by these Terms. Specifically, You shall not:
The Website may contain links to third-party websites or resources. These links are provided solely as a convenience to You and not as an endorsement by Mio of the content on such third-party websites or resources. Mio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Mio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
You are advised to read the terms and conditions and privacy policy of any third-party website that You visit.
You acknowledge and agree that (i) Mio may collect or generate Usage Data; and (ii) to the extent Mio collects or generates any Usage Data, Mio owns all right, title and interest (including all intellectual property rights) in and to the Usage Data and may use such Usage Data for anylawful purpose without credit or compensation to you. "Usage Data" means usage data, meta data, performance data and other data related to how you and other users use and interact with the Website that is aggregated and anonymized such that it does not identify you or other users as the source or subject of such data.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY MIO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIO DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIO WILL NOT BE LIABLE FOR ANY DAMAGES OFANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify, defend, and hold harmless Mio, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Indemnified Parties") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by You and any negligent or wrongful conduct by You while accessing the Website. This indemnification obligation will survive the termination of these Terms and your use of the Website.
Mio reserves the right to suspend or terminate your access to the Website at any time and for any reason, including if we believe you have violated these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.
These Terms and your use of the Website are governed by and construed and enforced in accordance with the laws of the United States ofAmerica and the State of Texas, without regard to conflict of laws principles. Mio and You agree that any action, proceeding, controversy or claim between them arising out of or relating to these Terms or Your use of the Website (collectively, an "Action") shall be brought only in the state or federal courts located in Travis County, Texas. Each party hereby submits to the personal jurisdiction and venue of such courts and waives any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any Action.
You may not assign or delegate any right or obligation under the Terms without the prior written consent of Mio. The failure of Mio to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms. Any prevention of or delay in performance by Mio hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
