Terms of Use

Agreement between user and Mesodyne, Inc. (“MESODYNE”)

The MESODYNE Website (“Website”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

MESODYNE reserves the right to change the terms, conditions, and notices under which the MESODYNE Website is offered in our sole discretion, including but not limited to the changes associated with the use of the Website. Your continued use of the MESODYNE Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Payment Terms

When you add a payment method to your MESODYNE Account, such as a credit card, certain information including, but not limited to device location, device identification number, and card information will be shared by you directly with our third party payment processor(s), such as Stripe. For information on how we handle your payment information, please see MESODYNE Privacy Notice.  

If we are unable to collect payment, we may contact you based on your information on file or may request payment when we are performing services for you. 

You agree to pay a non-refundable deposit of five thousand dollars ($5,000) (the "Deposit") to secure a pre-order for the MESODYNE power cell ("Product"). The Deposit is due upon placement of the order and is required to confirm the your commitment to purchase the Product once it is made available for release.

The Deposit is non-refundable under any circumstances, including but not limited to your decision to cancel the order, changes in the Product's release schedule, or any other unforeseen event. In the event that the Product is not released or is discontinued, the  Deposit may be applied toward another product offered by the MESODYNE at MESODYNE’s discretion.

This Deposit does not constitute full payment for the Product, and you agree to pay the remaining balance upon the Product’s availability, prior to shipment or delivery. MESODYNE reserves the right to modify the price, specifications, or release schedule of the Product at its discretion, with prior notice to you. 

RISK OF LOSS

All purchases of physical items from MESODYNE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

SANCTIONS AND EXPORT POLICY

You may not use any MESODYNE product or service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using MESODYNE products or services You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.

NO REVERSE ENGINEERING

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with any MESODYNE product, including the MESODYNE power cell whether in whole or in part.

Liability Disclaimer

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND MESODYNE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MESODYNE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESODYNE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR ANY MESODYNE PRODUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MESODYNE (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MESODYNE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

General legal terms

The Terms constitute the whole legal agreement between you and MESODYNE and govern your use of the Website.

You agree that if MESODYNE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MESODYNE has the benefit of under any applicable law), this will not be taken to be a formal waiver of MESODYNE’s rights and that those rights or remedies will still be available to MESODYNE.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or MESODYNE (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the Dallas, Texas and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of Texas. The arbitration requirement does not apply to requests for injunctive relief.

The Terms, and your relationship with MESODYNE under the Terms, shall be governed by the laws of the State of Texas, USA, without regard to conflict of laws provisions. 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.