mPOINT

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using the mPOINT, Inc. (“mPOINT”) websites (including, without limitation, any associated websites or forums), you agree to be bound by the following Terms and Conditions. mPOINT reserves the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.

Copyright

All content on the mPOINT websites, including text, graphics, logos, icons, images, and video clips, is the exclusive property of mPOINT or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the mPOINT websites is the exclusive property of mPOINT and is also protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the content on the mPOINT websites is strictly prohibited.

Copyright Notice

Trademarks

mPOINT, TranSend and the logos associated with these are trademarks or registered trademarks of mPOINT. All other trademarks mentioned in the mPOINT websites are the property of their respective owners. The trademarks and logos displayed on the mPOINT websites may not be used without the prior written consent of mPOINT or their respective owners.

Other Policies

For information regarding mPOINT’s treatment of personally identifiable information, please review mPOINT's current privacy policy at http://www.mpoint.net/Privacy_Policy.html.

General Disclaimer

THE MPOINT WEBSITES ARE PROVIDED BY MPOINT ON AN "AS IS" BASIS. MPOINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Although mPOINT has attempted to provide accurate information on the mPOINT websites, mPOINT assumes no responsibility for the accuracy or completeness of the information. mPOINT may change the function or subject matter of the mPOINT websites at any time without notice.

Liability Limitation

MPOINT WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE MPOINT WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF MPOINT MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Websites

The mPOINT websites may contain links to third party websites. Access to any other Internet website linked to the mPOINT websites is at your own risk and mPOINT is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, mPOINT is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. mPOINT provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

Miscellaneous

mPOINT may terminate or suspend access to the mPOINT websites immediately, without prior notice or liability, if you breach any of these terms or conditions or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with mPOINT’s prior written consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind mPOINT in any respect whatsoever.