MPI-GEN 2 LLC. Last Modified: 2018-09-23
Thank you for using our products and services (the “Service/s”). By becoming a registered user or using our Services, you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not agree to these Terms, you should not register with MPI-2.
Using our Services
Do not misuse the Services, so that either MPI-2 or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:
(i) All of the personal data provided by you is accurate and up to date.
(ii) You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your MPI-2 account (“User Material”).
Your account, including your email and password, with MPI-2 is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. MPI-2 is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform MPI-2’s Customer Service. Contact details are available at the bottom of this document.
Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund.
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
If you have any criticism or feedback regarding MPI-2 or our Services, you will first contact MPI-2 to allow us to respond to your concerns and to help us to improve our Services.
You may not transmit, and/or distribute files that may damage MPI-2 or others’ computers or property (such as viruses, malware, rootkits, and trojan horses).
You can at any time choose to uninstall the Applications and cancel/end your account at your convenience. MPI-2 does not provide refunds upon cancellation.
You are responsible for your own health. MPI-2 is not a medical organization, and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users receive the benefit of the MPI-2 Treatment Program, delivered through a properly trained and certified speech pathologist. MPI-2 is not a “Self-service” course of treatment and the Applications and should not be used to self-treat. Always consult with your doctor before starting a treatment program or if you experience any pain or discomfort. MPI-2 cannot guarantee any health or speech fluency results or improvements. Our Services are only intended for healthy adults. Do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by biofeedback treatments. MPI-2 is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
All rights in and to the Services and Applications, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the sole property of MPI-2 and/or third parties.
You agree not to use Intellectual Property for any other purposes except for your use of the Service unless required otherwise by applicable mandatory law.
By submitting User Material to MPI-2, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant MPI-2 a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for MPI-2 to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by MPI-2 in accordance with these Terms.
DISCLAIMER AND EXCLUSION OF LIABILITY
The Applications, the Services, the information on the Applications and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Applications and its contents, including in relation to any inaccuracies or omissions in the Applications, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
We do not warrant that the Applications will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or that the Applications will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on the Applications, we make no warranties or representations as to its accuracy, timeliness or completeness.
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Applications and the services offered in the Applications, your access to, use of or inability to use the Applications or the services offered in the Applications, reliance on or downloading from the Applications and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Applications and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Applications, or electronic mail transmitted to and from us, will not be monitored or read by others.
You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and MPI-2 does not warrant that the Service and availability thereof will be uninterrupted or error-free. MPI-2 does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are referenced by or linked to. References or links to third parties’ websites are provided “AS IS” without warranty of any kind, either express or implied.
In no event shall MPI-2 be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, MPI-2’s aggregated liability for any direct damages shall be limited to the lesser of: (i) fees paid by the user; or (ii) 900 USD.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
For the sake of clarity, MPI-2 doesn’t undertake the obligation to monitor the contents of User Material.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without MPI-2’s prior written consent. MPI-2 is entitled to assign its rights and/or obligations under these Terms.
MPI-2 reserves the right to refuse the Service to anyone for any reason at any time. MPI-2 may revise these Terms from time to time and the most current version will always be posted on MPI-2’s website (www.MPI-2.com). All material changes shall become into effect between you and MPI-2 upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or has been posted on our website).
Governing law and dispute resolution
These Terms and the use of the Services are governed by the laws of California, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by US courts, whereby the District Court of California shall be the court of first instance.
For further information, inquiries or assistance you may contact MPI-2. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.
MPI-GEN 2 LLC, 202 N 9th Street, Ste 201, Boise, ID. firstname.lastname@example.org