Terms Of Use

Effective Date: January 1, 2014


Welcome to this website hosted by MIOsoft.  MIOsoft maintains this website for your personal information, education and communication.  Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.  By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this website, and instead contact MIOsoft in writing or via telephone as set forth below for desired information.  

MIOsoft reserves the right to modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on this website.  Material changes will be posted conspicuously on this website.  By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.


Site Information

Information displayed on this website is subject to modification without notice.  MIOsoft reserves the right to modify such information without any obligation to notify past, current or prospective website users.  Some services may not be available in certain areas.  MIOsoft makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States.  Those who do access this website are solely responsible for compliance with the laws of the state or country in which they reside.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.


Intellectual Property Rights

Copyright 2014.  All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by MIOsoft, unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to MIOsoft appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to MIOsoft or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.


Use of this Site

You may download and/or print one (1) copy of this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of MIOsoft.


No Liability

In no event shall MIOsoft or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if MIOsoft has been advised of the possibility of such damages.  Your sole and exclusive remedy is to discontinue your access to and use of the website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.


No Warranty

MIOsoft makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  This website is provided by MIOsoft on an “AS IS” basis.  MIOsoft disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  MIOsoft makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website.  MIOsoft does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free.  MIOsoft shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.  MIOsoft does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.  None of the parties involved in creating, producing, or delivering this website or its content, including without limitation MIOsoft, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from MIOsoft or in any manner from this website shall create any warranty.


Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to MIOsoft.  Such links are provided only as a service to our visitors.  MIOsoft is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website.  MIOsoft has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.  You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site.  You should review the terms of use of any website to which you navigate.


If you operate another website and are interested in linking to our website, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.MIOsoft.com" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of MIOsoft; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with MIOsoft’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than MIOsoft is associated with or sponsored by MIOsoft; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) MIOsoft reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.


Privacy Policy

By your access and use of this website, you hereby agree to the terms of the MIOsoft Privacy Policy, below, which are incorporated into these Terms of Use by this reference.


Indemnification

You agree to indemnify, defend and hold harmless MIOsoft, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of MIOsoft or any other person or entity.


Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Dane County, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by MIOsoft in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.


Copyright

MIOsoft respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide MIOsoft the following information, in the form prescribed by Section 512 of Title 17, United States Code:

1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. a description of the copyrighted work or works that you claim have been infringed; 

3. a description of the allegedly infringing material, including its location on the site;

4. your address, telephone number, and e-mail address; 

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 


MIOsoft’s Copyright Agent for notice of claims of copyright infringement on its site is:

Website Administrator

MIOsoft Corporation

33 E Main St

Madison, WI 53703 USA

webmaster@miosoft.com

Entire Agreement

By your access or use of this website, you hereby agree to these Terms of Use.  These Terms of Use, together with the MIOsoft Privacy Policy constitute the entire agreement between you and MIOsoft with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by MIOsoft.  These Terms of Use will inure to the benefit of MIOsoft’s successors and assigns.


Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and MIOsoft may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.


Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:


Website Administrator

MIOsoft Corporation

33 E Main St

Madison, WI 53703 USA

webmaster@miosoft.com



Privacy Policy

Privacy Policy

Effective Date: January 1, 2014


MIOsoft takes seriously the confidentiality of your personal information.  The following Privacy Policy sets forth our information gathering and dissemination practices for this website.  By accessing or using this website, you hereby agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy.  If you do not agree to the terms of this Privacy Policy, do not access this website.

MIOsoft reserves the right to modify or amend this Privacy Policy at any time.  All changes will be effective immediately upon posting to this website.  Material changes will be conspicuously posted on this website.  By accessing or using this website after such changes are posted you agree and consent to all such changes.  


Personally Identifiable Account Information

MIOsoft may collect information you voluntarily share with us in submitting an application for services, as well as other information, for example through Internet Protocol (“IP”) addresses and the use of “cookies,” which may be placed on your computer when you access the website.  (See the sections on IP Addresses and Cookies below.)

MIOsoft may collect any content, record, or electronic communication of any kind, including without limitation your (1) contact information, (2) financial information, (3) demographic information, and (4) other personal information required to process your application to request services from MIOsoft, so that we may provide you with the information or services that you request, and so that we may communicate with you and send you information and materials for marketing and other purposes, subject to applicable laws and the terms of the Privacy Policy.

We do not sell, rent or loan any of your personally identifiable information to any third party.  We may use and share information with those persons and third-party entities specifically involved in the processing of your payment or your application to receive services from MIOsoft.  In addition, we may use and share aggregated information that does not uniquely identify you when it enables us to improve and enrich our services and website content.  In addition, MIOsoft reserves the right to use and share your information in the event MIOsoft believes doing so is necessary to operate this website or where such disclosure may be required by law, or to protect MIOsoft's right or the rights of others.

MIOsoft maintains full rights to any information collected on this website, and may freely collect, use and disclose such information unless prohibited by this Privacy Policy or applicable law.  In the event of a change in control of MIOsoft or sale by MIOsoft of substantially all of its assets, any information owned by or in the control of MIOsoft may be transferred to such MIOsoft successor, who will comply with the terms of this Privacy Policy.


IP Addresses

MIOsoft logs IP addresses for systems administration purposes.


Cookies

MIOsoft may use cookies to track the use of our website and to facilitate and enhance your experience on our website.  “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive.  Our cookies enable us to facilitate access to different aspects of our website.  For example, by showing when and how you and others visit our website, cookies help us to see which pages of the website are popular and which are not.  Cookies can also help us to improve your enjoyment of this website, for example, by remembering your address or other personal information when you request information or services on the website.  

Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies.  Please be aware that disabling this function may impact your use and enjoyment of this website.


Access by Children:

This website is not directed toward children under 13 years of age and MIOsoft does not knowingly collect or use information from children under 13 through this website.


E-mail Communication

MIOsoft may use your personal information to send you promotional communications.  You have the opportunity to opt-out of receiving such promotional communications from us at any time.  To discontinue your receipt of such promotional communications, simply reply to the email you receive with the word “Remove” in the subject line.

 

Security

We limit access to personally identifiable information about you to our employees and third-party agents who we reasonably believe need to have access to your information to provide you with the information or services you request from MIOsoft.

 

This website has security measures in place to help protect against the loss, misuse and alteration of the information under our control.  While we cannot guarantee that loss, misuse or alteration to data will not occur, MIOsoft uses industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences.  In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our website to ensure confidentiality.  In the event that a breach into our security systems occurs and there is a possibility that an unauthorized person acquires your personal information, MIOsoft will notify you of such a breach under applicable law.  


Access to Your Personal Information

If you wish to have access to your personal information in our records, please contact us with your request at webmaster@miosoft.com. You may also request that we update your personal information or correct any factual errors that you believe may exist regarding this information. 


Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to MIOsoft.  MIOsoft is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites.  To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them.  We encourage you to review the privacy policies of such websites before disclosing your personal information to them.


Contacting Us

If you have any questions or concerns regarding this Privacy Policy, please contact us at webmaster@miosoft.com.