Terms of Use

Mobile Application End User License Agreement and Terms of Use

This Mobile Application End User License Agreement and Terms of Use (“Agreement”) is a binding agreement between you (“End User” or “you”) and ABIEM LLC (“Company”). This Agreement governs your use of MAYO, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR MEET THE FOREGOING ELIGIBILITY REQUIREMENTS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

(a) Download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement; and

(b) Access and use on such Mobile Device the Content and Services (as defined in Section 7) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.

2. License Restrictions. You shall not:

(a) Copy the Application, except as expressly permitted by this license;

(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

(f) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or

(g) Use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

3. Prohibited Uses. You may use the Application only for lawful purposes and in accordance with this Agreement.

You agree not to use the Application:

(a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(d) To transmit, or procure the sending of, any unsolicited advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(e) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.

Additionally, you agree not to:

(g) Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.

(h) Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.

(i) Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent.

(j) Use any device, software, or routine that interferes with the proper working of the Application.

(k) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.

(m) Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

(n) Otherwise attempt to interfere with the proper working of the Application.

4. Reservation of Rights. The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or any intellectual property therein under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, patent, trade secret, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5. Accessing the Application. Company reserves the right to withdraw or amend the Application, and any service or material Company provides on the Application, in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Application, or the entire Application, to users, including registered users.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with the Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by Company’s Privacy Policy (the “Privacy Policy”), and you consent to all actions Company takes with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your user name, password, or other security information. You agree to notify Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Company has the right to disable your use of the Application and any user name, password, or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of this Agreement.

6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Company collects through or in connection with this Application is subject to Company’s Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

7. Content and Services. The Application may provide you with access to Company’s products and services, including products and services accessible on Company’s website located at heymayo.com (the “Website”), and certain features, functionality, and content accessible on or through the Application and Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by this Agreement and Privacy Policy, which is incorporated herein by this reference.

8. User Contributions. The Application may contain message boards, chat rooms, personal profiles, reward points, connected accounts, history content, content reporting, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information, content or materials (collectively, “User Contributions”) on or through the Application. All User Contributions must comply with this Agreement. Any User Contribution you submit to the Application will be considered non-confidential and non-proprietary.

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and Company’s Privacy Policy.

(e) Be likely to deceive any person.

(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

(h) Impersonate any person or misrepresent your identity or affiliation with any person or organization.

(i) Involve commercial activities such as contests, sweepstakes and the like.

(j) Send or otherwise transmit unsolicited commercial messages through the Application.

(k) Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY USER CONTRIBUTIONS YOU SUBMIT OR CONTRIBUTE, AND YOU, NOT THE COMPANY, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR, AND EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR, ANY CONTENT, INCLUDING BUT NOT LIMITED TO ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS, THAT A USER OR THIRD PARTY SUBMITS, PUBLISHES, DISPLAYS OR TRANSMITS TO YOU ON OR THROUGH THE APPLICATION OR ANY USER CONTRIBUTION SUBMITTED, PUBLISHED, DISPLAYED OR TRANSMITTED BY YOU.

9. Monitoring and Enforcement. Company has the right to:

(a) Remove or refuse to post any User Contributions for any or no reason in Company’s sole discretion.

(b) Take any action with respect to any User Contribution or your access that Company deems necessary or appropriate in its sole discretion, including if Company believes that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.

(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.

(e) Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Company cannot and does not undertake to moderate or review User Contributions or any content or material before it is submitted on the Application. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Reliance on Information Submitted by Other Users. Any reliance you place on information submitted, published, displayed or transmitted by other users of the Application is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Application. All statements and/or opinions expressed by other users of the Application, and all communications and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those communications. Company is not responsible, or liable to you or any third party, for the content or accuracy of any such communications by any user.

11. Geographic Restrictions. The Application and Content and Services are based in the state of Washington in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Application and Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application and Content and Services from outside the United States, you are responsible for compliance with local laws.

12. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

13. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

14. Term and Termination.

(a) The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 14.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of Company’s rights or remedies at law or in equity.

(f) The terms and provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement shall so survive, including, without limitation, Sections 4 (Reservation of Rights), 14 (Term and Termination), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 19 (Severability), 20 (Governing Laws), 21 (Arbitration), 22 (Limitation of Time to File Claims), 23 (Entire Agreement), and 24 (Waiver).

15. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION, CONTENT OR SERVICES.

WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $1.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

17. Indemnification. You agree to indemnify, defend, and hold harmless, Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against, and reimburse each of the foregoing for, any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the User Content and any other content you submit, publish, display, transmit or make available through this Application.

18. Export Regulation. The Application may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You covenant and agree that you will access and use the Application solely within the United States, and you shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country outside the United States.

19. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

20. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in Seattle and King County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Arbitration. At Company’s sole discretion, it may require you to submit any disputes arising from this Agreement or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Seattle, Washington, administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with Expedited Procedures in those Rules, or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as determined by Company in its sole discretion, and applying Washington law.

22. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Entire Agreement. This Agreement and Company’s Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

24. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

25. Changes to this Agreement. Company may revise and update this Agreement from time to time in Company’s sole discretion. All changes are effective immediately when Company posts them and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Arbitration clauses will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application. Your continued use of the Application following the posting of revised the Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.