WEBSITE TERMS OF USE

  1. Overview

These terms of use ("Terms of Use") are entered into between you (“you” and “your”) and The Mendi Company (“Mendi” or “we”).  The Terms of Use govern your access to and use of the Mendi website at https://www.themendico.com, including any content, functionality and services offered on or through it (the "Site").

By using the Site, you agree to be bound and abide by these Terms of Use.  Mendi may terminate your ability to use the Site without notice if you do not comply with the Terms of Use.  If you do not agree to these Terms of Use, you must not access or use the Site.

Mendi reserves the right to make changes to the Site and to the Terms of Use at any time.  All changes are effective immediately when posted.  Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Information Mendi collects on this Site is subject to our Privacy Notice posted at the Site.  By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice.  The Privacy Notice is incorporated into and governed by these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.  Terms like “Information” that are in these Terms of Use but not defined here are defined in the Privacy Notice.

All Site Content (as defined below) is current as of the date it is posted on the Site, to the best of Mendi’s knowledge.

2. Intellectual Property

The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Mendi or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.

The Mendi name and related logos are trademarks and service marks (“Marks”) of Mendi.  Mendi's Marks may not be used without advance written permission of Mendi, including in connection with any product or service that is not Mendi's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Mendi.  Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Mendi as described in Section 12.

3. Limited License And Prohibited Uses

Mendi grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Mendi is strictly prohibited.  You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use.  You agree that you will not:

  • Use the Site in any way that violates any applicable federal, state, local or international law or regulation.

  • Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.

  • Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms of Use.

  • Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  • Impersonate or attempt to impersonate Mendi, a Mendi employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Mendi, may harm Mendi or users of the Site or expose them to liability.

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Mendi’s prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Site.

  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

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

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

This Site is not intended for children under 13 years of age.  Mendi does not knowingly collect Information from children under 13.  If you are under 13, do not use this Site or provide any Information about yourself to Mendi, including your name, address, telephone number or email address.

4. Disclaimer And Limitation Of Liability

WHILE MENDI ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN "AS-IS" BASIS.  MENDI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED.  TO THE EXTENT PERMITTED BY LAW, MENDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MENDI, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES.  YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. FROM TIME TO TIME, MENDI MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE, OR THE ENTIRE SITE, FOR ANY REASON. MENDI WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

5. Third Party Content

This Site may include content provided by third parties.  All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials.  Those materials do not necessarily reflect the opinion of Mendi. Mendi is not responsible for the content or accuracy of any materials provided by any third parties.

6. Links To Other Web Sites

Mendi may provide links to external web sites for the convenience of Site users.  The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind.  Mendi does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them.  If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

7. Indemnification

You agree to defend, indemnify and hold harmless Mendi, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms of Use.

8. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Waiver And Severability

No waiver by Mendi of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.  Any failure of Mendi to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

10. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Mendi with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

11. Applicable Law

The laws of the State of Washington will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.  Venue for any disputes will be in the state and federal courts located in King County, Washington.

12. Communications and Contact Information

Mendi may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information.  If you no longer wish to receive communications from Mendi, please contact us at hello@themendico.com.

All other feedback, comments, requests for technical support and other communications relating to the Site, these Terms of Use and the Privacy Notice must be directed to hello@themendico.com.

EFFECTIVE DATE: August 12, 2019