Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES ON THIS WEBSITE.

By using or accessing this website, you signify your acknowledgment and assent to the terms of use set forth below. If you do not agree to these terms of use, please do not use this website.

Mimio is free to revise the terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. This website is owned and operated by Mimio, LLC. Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, noncommercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication, and commercial exploitation of the contents of this website are expressly prohibited without the written consent of Mimio and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content, or images from this website does not transfer any right or ownership of such information, content, or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material posted on this site on any server or computer without Mimio’s written permission.

Hyperlinks
This website may contain hyperlinks to third-party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Mimio has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy, or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

Use of This Website
Mimio hereby grants to you a limited, personal, noncommercial, nonexclusive, nontransferable license to access and use this website.

Notwithstanding anything to the contrary in the terms and use, you may not:

remove any proprietary notices from this website or any copy thereof;
use this website for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
use this website to develop, generate, transmit, or store information that: (a) infringes any third party's intellectual property or other proprietary right; (b) is defamatory or harmful; or (c) in any way obstructs or otherwise interferes with the normal performance of another person's use of this website;
attempt to decompile, reverse engineer, or hack this website, or to defeat or overcome any security measures, encryption, and/or digital rights management technology implemented by Mimio with respect to this website and/or data transmitted, processed, or stored by Mimio ; or
use this website for any unlawful purposes.

Mimio Content

Mimio, its affiliates, and its licensors own and retain all proprietary rights in this website. This website contains content including, but not limited to, writings, images, illustrations, audio recordings, and video recordings that are owned or licensed by Mimio and its affiliates and licensors ("Mimio"). All content is protected by U.S. and international trademark and copyright laws. Except as otherwise provided, Mimio hereby grants you a nonexclusive, nonassignable, and nontransferable license to use or display one copy of the content on this website for personal, educational, and noncommercial use, provided you maintain all trademark and copyright notices contained in such materials. Except as otherwise provided, none of the materials on this website may be reproduced, modified, used to create a derivative work, published, or distributed without the express prior written consent of Mimio. Any unauthorized or prohibited use of the materials on this website may subject the offender to civil and criminal liability under applicable law.

User Content
Portions of this website are designed to encourage an open exchange of information and ideas. Mimio provides opportunities for you to post, transmit, or submit information to blogs, discussion boards, and in other public areas of this website ("Public Forums"). All contributed content, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, whether publicly posted or privately transmitted to this website ("User Content"), is the sole responsibility of the sender. This means that you are entirely responsible for all User Content that you upload, download, post, email, transmit, or otherwise make available via this website. Mimio is not responsible for, nor does it control, endorse, or guarantee the accuracy, integrity, or quality of User Content posted to this website. Mimio does not monitor every posting of User Content in this website. Notwithstanding, you understand and agree that Mimio reserves the right to review, delete, or edit any User Content that, in the judgment of Mimio , violates these terms of use, may be deemed harmful or offensive, or threatens the safety of others.

Specifically, you are prohibited from posting User Content that: (a) promotes hatred, harassment, or the physical harm of any kind against any group or individual, (b) contains information that is abusive, threatening, obscene, defamatory, or libelous, or (c) violates another person's copyright, trademark or other intellectual property right.

You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that you may not rely on any User Content submitted through this website.

By posting User Content to this website, you hereby represent that: (a) you own or are an authorized licensee of all User Content submitted by you; (b) you are not in violation of any third-party agreement by submitting the User Content; and (c) any User Content submitted by you shall not shall not infringe on any trademark, copyright, patent, or any other third-party intellectual property right nor violate any applicable law or regulation.

Further, by posting User Content, you hereby grant Mimio a perpetual, nonexclusive, royalty-free, sublicenseable worldwide license to use, reproduce, market, store, distribute, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote in any medium now known or hereafter devised, for editorial, commercial, promotional, or other purposes any User Content provided to Mimio or posted on this website.

Prohibited Conduct
By using or accessing this website, you represent, warrant and agree to the following:

You will not do anything that could disable, overburden, or impair the proper working of our website.
You will not send spam or any other unauthorized advertisements or solicitations through or using the website.
You will not harvest, collect, or use addresses, phone numbers, or email addresses or other contact information (collectively "Contact Information") of users of the website without consent from such users.
You will not solicit private information from users of the website.
You will not provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself, or create a page without authorization.
You will not use your profile for any commercial purpose.
You will not intimidate or harass any user.
You will not do anything that is illegal, infringing, fraudulent, or malicious, or that could expose other website visitors to harm or liability.
You will not attempt, encourage, or facilitate any of the above.

Community Guidelines
By using or accessing the website, you are to follow our Community Guidelines.

DO
Comply with the terms of use and all applicable laws, and submit accurate, lawful, and interesting content.

DON'T
Don't submit, post, or otherwise make available to or through this website any information that:

is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right;
contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; or
you do not have the right to submit, post, disseminate, or transmit.

Don't use this website in any way to:

impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through this website;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
interfere with, disrupt, or harm in any way this website or servers or networks connected to this website;
electronically stalk or otherwise harass another user;
engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; or
violate any applicable laws or regulations, or any rules or guidelines established by Mimio.

By using the website you agree to not engage in any of these prohibited acts as well as to follow the Community Guidelines. Failure to follow these guidelines will result in the termination of your account. Mimio also maintains the right to take other appropriate measures, including but not limited to legal action, in response to prohibited conduct or breaking Community Guidelines.

Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Designated Agent:

Service Provider(s): Mimio
Name of Agent Designated to Receive Notification of Claimed Infringement: Paget Hetherington
Full Address of Designated Agent to Which Notification Should Be Sent:
Mimio
Paget Hetherington
1 Charles Park, 1st Floor
Cambridge, MA 02142
paget.hetherington@mimio.com

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnity
You agree to indemnify and hold Mimio harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs, and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the website or any of the applications, features, content, or materials related thereto; (b) violation of the terms of use; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties, and covenants made by you herein.

No Representations or Warranties
Mimio makes no representations or warranties that this website is free of defects, viruses, or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Mimio computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD Mimio HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS, OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information, and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." Mimio DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS, OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Mimio BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Mimio’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Jurisdiction and Choice of Law
Mimio controls and manages this website from its facilities in the State of Massachusetts in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs, and services that are not announced or available in your country or region. We make no representation that such information, products, programs, or services referenced on this website are legal, available, or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law. You and Mimio irrevocably consent to the exclusive jurisdiction of the courts located in Massachusetts in connection with any action arising out of or related to these terms of use or their subject matter. You and Mimio waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Trademarks and Copyrights
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Mimio or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Mimio is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).

Severability
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Privacy
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Mimio reserves the right to disclose without notice to you any information in its possession, if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

General
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting, or additional communications.

Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Mimio reserves all legal rights and remedies available to it, and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Mimio may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use, such specific terms shall control.

Contact Information:
Questions about these terms and conditions may be directed to:
Paget Hetherington
1 Charles Park
Cambridge, MA 02142
paget.hetherington@mimio.com

Questions about our products should not be directed to this address and will not be replied to.