Medio Terms of Service
Medio Systems, Inc. ("Medio", "us", "our", and "we") provides an online service that identifies third-party deals for products and services in one place (the "Service"), which is accessed through Medio's Android mobile application ("App").
These Terms of Service ("Terms") set forth the legally binding terms for your use of the Service and App. By accessing or using the Service or downloading the App, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. you may not access or use the Service, download the App, or accept these Terms if you are not of 18 years old. If you do not agree with all of the provisions of these Terms, please do not access and/or use the Service or download the App.
These Terms were last revised on May 25th 2010.
1. Accounts. To purchase Deals (defined below) or customize the Service, you must create a user account ("Account"). You may choose to link your Account to your Facebook account and login to your Account using your Facebook credentials. Your Facebook account is provided by Facebook, not us, and is subject to Facebook's separate terms and conditions. You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the Service; (b) create an Account for anyone other than yourself; (c) transfer your Account to anyone else; (d) permit others to use your Account; or (e) use or access other persons' Accounts. Remember to sign out of your Account when you are done using the App; otherwise you will remain signed into your Account and others may be able to purchase Deals under your Account if they gain access to your mobile device. Medio highly recommends password protecting your mobile device. You are solely responsible for any use of your Account.
2. Deals; Third Party Sites & Ads.
2.1 Deals. Medio selects third party resellers ("Deal Resellers") who offer deals, offers, discounts, and coupons for products and services provided by merchants ("Deal Merchants"), which are displayed through the Service. Medio itself is not providing these deals, offers, discounts, and coupons to you. You should make whatever investigation you feel necessary or appropriate before proceeding with any deal, offer, discount, coupon, or related transaction (collectively, "Deals"). Your Deals, including the payment for and delivery of products or services, and any terms, conditions, warranties or representations associated with such Deals, are solely between you and the applicable Deal Reseller and Deal Merchant. Each Deal will be offered subject to the terms and conditions of the applicable Deal Reseller and Deal Merchant, and these Terms do not govern the Deal. Medio disclaims all responsibility and liability in connection with such Deals. Medio does not review, approve, warrant, or make any representations with respect to Deals. You enter into Deals at your own risk. If there is a dispute between you and any Deal Reseller or Deal Merchant, we are under no obligation to become involved. You may have to create an account with the Deal Reseller to purchase or obtain a Deal provided by it. Any personally identifiable information that you provide to a Deal Reseller or a Deal Merchant through the Service is directly collected by that Deal Reseller or Deal Merchant, and Medio does not collect or store such information. The collection, use, and sharing of such information is governed by the Deal Reseller's or Deal Merchant's privacy policy, as applicable, not by Medio's privacy policy.
2.2 Third Party Sites & Ads. In addition to Deals, the Service may contain advertisements for third parties and links to third party websites (collectively, "Third Party Sites & Ads"). Medio is not responsible for any Third Party Sites & Ads. Medio provides these Third Party Sites & Ads only as a convenience and does not warrant or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. The applicable third party's terms and policies apply to Third Party Sites & Ads, including the third party's privacy and data gathering practices, and these Terms do not apply. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
2.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Deal Resellers, Deal Merchants, or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
3. Proprietary Rights
3.2 Certain Restrictions. You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, transmit, post, or otherwise commercially exploit the Service or App; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service or App; (c) (i) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, (ii) generate automated searches, requests and queries on or to the Service, or (iii) strip, scrape, or mine data from the Service; (d) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means; or (f) access the Service in order to build a similar or competitive service. Except as expressly stated in Section 3.1, no part of the Service or App may be copied, reproduced, republished, downloaded, or displayed in any form or by any means. Any future release, update, or other addition to functionality of the Service or App shall be subject to these Terms. All copyright and other proprietary notices on any Service content must be retained on all copies thereof.
3.3 Open Source. Certain items of software included with the App are subject to "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Medio makes such Open Source Software, and Medio's modifications to that Open Source Software, available by request at the contact address specified below.
3.4 Modification. Medio reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Medio will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
3.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Service and App are owned by Medio or Medio's suppliers. The provision of the Service or App does not transfer to you or any third party any right, title or interest in or to such intellectual property rights. The App and any copy thereof is licensed, not sold, to you under these Terms. There are no implied licenses hereunder, and Medio and its suppliers reserve all rights not granted in these Terms.
3.6 Feedback. If you provide Medio any feedback or suggestions regarding the Service or App ("Feedback"), you hereby assign to Medio all rights in the Feedback and agree that Medio shall have the right to use such Feedback and related information in any manner it deems appropriate. Medio will treat any Feedback you provide to Medio as non-confidential and non-proprietary. You agree that you will not submit to Medio any information or ideas that you consider to be confidential or proprietary.
3.7 Acceptance; No Support; Updates. The App is deemed irrevocably accepted upon your download thereof. Medio will have no responsibility to provide maintenance or support services with respect to the App. Any updates or upgrades to the App will be licensed to you under these or Terms.
5. Privacy. Medio's collection through the Service and App of your personally identifiable information and its use and sharing of such information is governed by its Privacy Policy.
6. Disclaimers
THE SERVICE AND APP ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE OR APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE OR APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE OR APP (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, MEDIO DISCLAIMS ALL LIABILITY IN CONNECTION WITH DEALS BETWEEN YOU AND DEAL RESELLERS OR DEAL MERCHANTS. DEAL RESELLERS AND DEAL MERCHANTS ARE SOLELY RESPONSIBLE FOR THEIR DEALS WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service or App. We may (a) suspend your rights to use the Service or App (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Service or App in violation of these Terms. You may terminate these Terms at any time by sending us an e-mail at the address listed below. Upon termination of these Terms, your Account and right to access and use the Service and App will terminate immediately. Medio will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Medio Account. Even after these Terms are terminated, the following provisions will remain in effect: Sections 2, 3.2, 3.3, 3.5, 3.6, and 4 through 9.
9.1 Changes to Terms of Service. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes through the App. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes through the App. These changes will be effective immediately for new users of our Service or App. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service or App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Governing Law; Arbitration. These Terms shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through a nationally-recognized alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions (the specific manner shall be chosen by the party initiating the arbitration); (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Should a party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to $1,000, provided that the other party has notified the filing party in writing of the improperly filed claim, and the filing party failed to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or confidential or proprietary information in any court of competent jurisdiction.
9.3 Class Action. YOU AGREE THAT YOU AND MEDIO ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, TO THE EXTENT PERMITTED BY LAW. YOU AND MEDIO 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 OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
9.4 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Service or App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Medio is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Medio's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms shall be binding upon assignees.
9.5 For U.S. Government End Users. The App is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the App is provided to U.S. Government End Users (a) only as a commercial end item and (b) with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
9.6 Consumer Affairs Notice. Medio is located at One Convention Place, 701 Pike Street, 15th Floor, Seattle, WA 98101. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
9.7 Contact Information. If you have any questions or concerns about these Terms, please contact us at: support@lotza.com
9.8 Copyright/Trademark Information. Copyright © 2011, Medio Systems, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on or through the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
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