Terms & Conditions

This “website” – which includes www.mangosense.com and all linked pages owned and operated by MangoSense, Inc. d/b/a MangoSense (“MangoSense”, “we” or “us”) – and the text, images, graphics, icons and data available on the website (the “content”) are made available to you to provide information about our products and services. By using our website, you agree to be bound by these terms of use and also our privacy policy. If you disagree with these terms of use, please exit immediately and do not use our website. You should review these terms of use each time you access the website so that you are aware of any modifications that we may make to them since your last visit. You agree that your use of the website after we post modifications constitutes your acceptance of those modifications.

You may browse the website, use its applications and features, and you may download content displayed on the website, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from content you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any content from the website for public or commercial purposes. These limitations apply to all content available on or through the website. Any use that we don’t permit could violate our intellectual property rights, including our copyrights in the content. You do not have any other license or right to use the website or content. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website, are the Trademarks of MangoSense, except as otherwise noted. You do not have any license or right, by implication, estoppels, or otherwise, to use any Trademark displayed on the website without our written permission.

You may obtain certain software programs from us through this website or through third party sites. Our software is our copyrighted work and a result of a lot of effort. The software is made available for download by you so long as you agree to the end user license agreement that accompanies or otherwise applies to our software. For example, if you download our software using Apple’s App Store, you and MangoSense will enter into the Licensed Application End User License Agreement. This license applies to many of the apps you download from the App Store. Some pages of our website contain links to certain Internet websites developed, sponsored or maintained by third parties unaffiliated with us (“third party websites”). Should you leave our website using such a link, the content on the third party website you are viewing (“third party content”) is not provided or controlled by us. In other instances, we may embed or otherwise incorporate third party content in pages of the website. When we do this, we will indicate to you that the information is coming from a third party website and not from us. For example, we may post a Twitter® feed which shows what our customers are saying about us or who may provide links to third party websites. All of this information is third party content and is also not provided or controlled by us.

We have not developed, checked for accuracy or otherwise reviewed the content of any third party content or privacy policy of any third party website that we may embed or link to. Additionally, this third party content could be offensive, indecent or objectionable. By providing access to third party content, we are not recommending, endorsing or sponsoring any aspect of those websites. We are merely doing this as a convenience to our users. As such, we make no promises to you regarding the third party content accessible on or from our website.

You are free to establish a hyperlink to the website so long as (i) the page containing the link properly attributes the linked site to MangoSense and does not state or imply any sponsorship or endorsement of your site by us; and (ii) you do not use any content made available on or through this website or any of our Trademarks for any purpose, including any commercial or business purpose without our express consent. We reserve the right to withdraw permission for any link to our website at any time.

Neither we nor our employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or t echnologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event our products or marketing strategies seem similar to any ideas you may have submitted to us. If, despite our request that you not send us your ideas, you still submit them, then regardless of any communication you have sent us, you agree that (1) your submissions and their contents will automatically become the property of MangoSense, without any compensation to you; (2) MangoSense may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for MangoSense to review the submission; and (4) there is no obligation to keep any submissions confidential.

We do, however, welcome your feedback regarding many areas of our existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using our online feedback form, located here. Please provide only specific feedback on our existing products or marketing strategies. Any feedback you provide to us through our feedback form will be deemed to be non-confidential, and we will be free to use this information on an unrestricted basis.

THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE CONTENT AVAILABLE ON OUR WEBSITE, AND THE CONTENT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. MANGOSENSE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO OUR WEBSITE AND ALL CONTENT ON THE WEBSITE (INCLUDING THIRD PARTY CONTENT) ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. MANGOSENSE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. MANGOSENSE DOES NOT CONTROL THE CONTENT PROVIDED BY ANY THIRD PARTY (INCLUDING THIRD PARTY CONTENT) AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL MANGOSENSE BE LIABLE DIRECTLY OR INDIRECTLY IN ANY WAY FOR ANY THIRD PARTY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH THIRD PARTY CONTENT. IN NO EVENT WILL MANGOSENSE OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR (i) ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL, (ii) ANY NEGLIGENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING COMPILING, EDITING, WRITING, TRANSMITTING OR DELIVERING THE WEBSITE OR ANY OF ITS CONTENT, (iii) ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE, (iv) ANY OTHER ASPECT OF THE WEBSITE OR ANY THIRD PARTY WEBSITE OR (v) FOR ANY TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Please note that these terms of use are governed by the laws of the State of New York, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. We reserve the right to enforce these terms of use, including by terminating access to our website. If we don’t enforce any part of our terms of use, that doesn’t mean that we waive our right to do so.

Contact: legal@mangosense.com
Last Updated: February 24, 2011