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Mentio Technologies Inc. ("Mentio"
Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.
"Personal Information" is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website. We may collect Personal Information in respect of the Website through registration processes; communications with you; information downloads; service use; user support; and surveys.
"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
Use of Information: We collect information for the following purposes:
Service Use: We collect information you provide to us while using our Services including any information you upload or otherwise add to your account. We will use this information to provide you with the Services and to suggest relevant third-party services and products that may be of interest to you.
Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication, or by contacting our marketing department at email@example.com.
Statistics: We also collect statistics about use of the Services purchased through the Website. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties.
Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.
From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
Security: The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
In certain areas, such as when you provide credit card or other payment information to us, the Website works to help protect the security of your credit card and other payment information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information or your password for the Services to third parties.
Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: firstname.lastname@example.org.
To use and/or register for the Mentio Service you must be: a) of legal age to form a binding contract with Mentio and b) cannot be a person barred from receiving the Mentio Service under the laws of the country in which you reside or from where you use the Service. If you are registering on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms on behalf of such corporation or entity and to bind such corporation or entity to the terms and conditions herein. By accepting these Terms you represent that you understand and agree to the foregoing.
BETA-TESTING SERVICE TERMS.
About the Mentio Service. You understand that the Mentio Service is being provided in 'beta' and that features of the Mentio Service are limited and do not reflect the full capabilities that the Mentio Service will have on launch. The Mentio Service is made available to you on an "AS IS" and "AS AVAILABLE" basis for the purpose of providing Mentio with feedback on the quality and usability of the Mentio Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE MENTIO SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES.
Registering to use the Mentio Service. The beta trial of the Mentio Service is offered by invitation only. Currently the Mentio Service interoperates with Xero accounting software, and you must register for the Mentio Service using your Xero account credentials. You are responsible for all activity that takes place on your account. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
Support. During the beta trial of the Mentio Service, we will respond to technical and related inquiries from your authorized support contacts and try to correct or fix problems which arise.
Important Terms for Users. Those users who join the beta trial of the Mentio Service (the "Trial") by (i) registering to participate; and (ii) agreeing to these Terms (together "you") will have advance access to the Mentio Service on the following terms:
License to the Mentio Service. We grant to you a limited, personal, non-exclusive, non-transferable license to access and use the Mentio Service for trial purposes only. Your right to use the Mentio Service is limited by all terms and conditions set forth in these Terms.
Restrictions on Use of the Mentio Service. Mentio may impose certain limitations on the use of the Mentio Service, including, but not limited to restricting the number of accounts you may register, or imposing charges for certain features of the Mentio Service. You agree to use the Mentio Service only for purposes as permitted by these Terms and not to use the Mentio Service for any purpose prohibited by applicable law or regulation. Mentio reserves the right to modify or impose any limitations on the use of the Mentio Service at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial at any time without any liability whatsoever to you. In using the Mentio Service you shall not:
intentionally or unintentionally violate any applicable local, state, provincial national or international law or regulation, including without limitation using the capabilities of the Mentio Service to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Mentio Service; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Mentio Service or any software provided by us.
Third-Party Links and Websites. This Website may contain links to other websites that are not owned or controlled by Mentio. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Mentio of that third party, third party product or service. Mentio is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Mentio endorses or accepts any responsibility for the content or use of such websites, and You hereby release Mentio from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
Indemnification. You agree to defend, indemnify and hold Mentio, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Mentio Service; (b) your use of the Mentio Service; (c) any violation by you of these Terms; or (d) your violation of any applicable law or regulation or any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Mentio Service.
License to Mentio. Except for material we may license to you, Mentio does not claim ownership of the materials and/or content you submit to the Website ("Content"). However, by using the Mentio Service you grant Mentio a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Mentio Service. Said license will terminate within a commercially reasonable time after you or Mentio terminate your account.
TERM AND TERMINATION
Term. The Trial is available to you for a period of ninety (90) days from the date that the Mentio Service is first made available to You by us (the "Term"). We have the option in our sole discretion to extend the Trial, however we shall have no obligation to do so.
Termination by You. You may terminate your account and/or stop using the Mentio Service at any time.
Termination by Mentio. Mentio may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Mentio Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Mentio Service or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Mentio Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Mentio Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Mentio in its sole discretion, and Mentio 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 Mentio Service.
Effect of Termination. On termination, you will lose all access to the Mentio Service and any portions thereof, including, but not limited to, your account.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
THE MENTIO SERVICE IS PROVIDED "AS IS." MENTIO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RLATING TO THE MENTIO SERVICE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MENTIO SERVICE IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE MENTIO SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE MENTIO SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MENTIO OR THROUGH OR FROM THE MENTIO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING MENTIO SERVICE. MENTIO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE MENTIO SERVICE AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE MENTIO SERVICE.
UNDER NO CIRCUMSTANCES SHALL MENTIO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR THE MENTIO SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE MENTIO SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MENTIO'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID MENTIO IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY THE APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
Access to Your Account and Content. You acknowledge and agree that Mentio may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have 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, 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 Mentio, its users or the public as required or permitted by law.
Feedback. We welcome your suggestions, comments and feedback on the Mentio Service ("Feedback") especially during this Beta-Testing phase as it helps us to improve the product and our services.If youprovide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Mentio (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind.
Export Control. Use of the Mentio Service may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Mentio Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Mentio Service for any purposes prohibited by United States or Canadian law.
Notices. Mentio may provide you with notices regarding the Mentio Service, including changes to these Terms, by email or by postings on the Website and/or the Mentio Service.
Governing Law & Disputes. These Terms shall be governed by the laws of the Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to these Terms. The courts of the Province of British Columbia shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms or the Mentio Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Mentio Service must be filed within one (1) year after the cause of action arose or be forever barred.
Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Mentio Service, please contact us at: email@example.com
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