MITOTYPING TECHNOLOGIES,
TERMS OF USE
Effective 12/01/2004
Welcome to mitotyping.com ("the Site").
Mitotyping Technologies, ("Mitotyping Technologies")
provides it to you subject to the following
Terms of Use ("TOU") which may be
updated without notice to you, and which updates
become effective when posted. You are responsible
for regularly reviewing these TOU. Continued
use of the Site after any such updates shall
constitute your consent to such changes. By
accessing, browsing and using the Site, you
accept, without limitation or qualification,
these TOU. If you do not wish to be bound by
these TOU, you may not access or use the Site.
1. Privacy Policy.
At Mitotyping Technologies, we are concerned
about protecting your privacy while accessing
the Site. Please take the opportunity to review
the privacy policy posted on the Site.
2. Use of Unsolicited Communications
Any unsolicited communication or material sent
to Mitotyping Technologies or to the Site by
electronic mail or otherwise, including any
data, questions, comments, suggestions, feedback
or the like, is, and will be deemed, non-confidential
and non-proprietary. Anything sent to Mitotyping
Technologies becomes the property of Mitotyping
Technologies and may be used for any purpose,
including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast
and posting. Mitotyping Technologies is free
to use any ideas, concepts, know-how or techniques
contained in any communication sent to the Site
for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing
products using such information. Please do not
submit unsolicited communications or materials
to Mitotyping Technologies if you do not want
Mitotyping Technologies to be able to use those
ideas, modifications or enhancements without
compensation.
These terms apply only to mitotyping.com
and unsolicited communications. Any communications
or material sent to Mitotyping Technologies
regarding active or potential casework by current
or prospective clients is protected by the strictest
confidentiality. If you have any questions regarding
Mitotyping Technologies policies on confidentiality,
please call us directly at 1-800-234-2528.
3. Registration
You may visit the Site as a guest without registering.
Registration, however, will give you access
to certain features as well as the ability to
personalize certain features.
3.1 Registration. Where requested,
you must provide the Site with accurate, complete
and current registration information and must
update this information promptly if it changes.
If any information you provide is inaccurate,
incomplete or not current, Mitotyping Technologies
may suspend or terminate your account and access
to the Site.
3.2 Account, Password and Security.
By registering with the Site, you may receive
an account ID and a password. You are solely
responsible for maintaining the confidentiality
of your account(s) and password(s). Furthermore,
you are responsible for all activities and liabilities
associated with your account(s). You must immediately
notify Mitotyping Technologies of any unauthorized
use of your account(s). You may not transfer
your account(s) to another person. In cases
where you have authorized or registered another
individual, including a minor, to use your account(s),
you are fully responsible for (i) the online
conduct of such user; (ii) controlling the user's
access to and use of the Site; and (iii) the
consequences of any misuse.
3.3. Non-United States Residents.
Mitotyping Technologies controls and operates
the Site from its office within the United States
of America. Those who choose to access the Site
from other locations do so on their own initiative
and are responsible for compliance with applicable
local laws. Materials may not be used or exported
in violation of U.S. copyright and export laws
and regulations. Any claim relating to the materials
will be governed by the substantive laws of
the Commonwealth of Pennsylvania excluding its
choice of law provisions. Any personal information
provided during user registration will be transferred
and stored in the United States.
4. Copyright.
You acknowledge that the Site, any underlying
technology used in connection with the Site,
and all software, material, information, communications,
text, graphics, links, electronic art, animations,
audio, video, photos and other data (collectively,
the "Content") available within the
Site are provided by Mitotyping Technologies
or third-party providers and are the copyrighted
works of Mitotyping Technologies and/or such
third parties. Except as expressly authorized
by Mitotyping Technologies or such third parties
in these TOU or as may be posted on the Site,
you may not copy, reproduce, publish, distribute,
modify, create derivative works of, rent, lease,
sell, transfer, display, transmit, compile or
collect in a database, or in any manner commercially
exploit any part of the Content or the Site,
in whole or in part. You may not store any significant
portion of any Content owned by, or licensed
to Mitotyping Technologies in any form, whether
archival files, computer-readable files, or
any other medium. You also may not "mirror"
any Content or the Site on any other server.
5. Links to Other Sites.
Some links on the Site lead to sites posted
by independent site owners. Because Mitotyping
Technologies has no control over these sites,
Mitotyping Technologies is not responsible for
such sites' accessibility via the Internet and
does not endorse products, services or information
provided by such sites. As such, Mitotyping
Technologies shall not be responsible or liable,
directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection
with, use or reliance on any Content, goods
or services available on or through any other
site. Further, the inclusion of these links
does not imply that there is any relationship
between the Site and the linked sites. Mitotyping
Technologies is an independent operating company
and reference to other companies does not imply
any partnership, joint venture, or other legal
connection where Mitotyping Technologies would
be responsible for the actions of their respective
owners.
6. Links to mitotyping.com
You do not need to request permission to post
a text link only that links to pages on the
Site. We reserve the right however, to revoke
permission at any time for such text links.
You may not link directly to any individual
media files on the site, including but not limited
to .pdf and .ppt files. Mitotyping Technologies
does not allow framing of any pages from the
Site, or the use of our logos or graphics. Mitotyping
Technologies is an independent operating company
and links to content on the Site by other companies
does not imply any partnership, joint venture,
or other legal connection where Mitotyping Technologies
would be responsible for the actions of their
respective owners.
7. Conduct.
You may only access the Site and use the Site
for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and
all laws, rules and regulations pertaining to
your use of the Site. You agree that you will
not: (i) use the Site to commit a criminal offense
or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability,
or otherwise violate any local, state, Federal
or international law or regulation, including,
but not limited to, export control laws and
regulations; (ii) reproduce, duplicate, copy,
use, distribute, sell, resell or otherwise exploit
for any commercial purposes, any portion of
the Site, use of the Site or access to the Site;
or (iii) frame or assist third parties in framing
any of the Web pages contained in the Site.
8. Disclaimer of Service and Content.
You agree that your access to and use of the
Site is at your own risk. Neither Mitotyping
Technologies nor its officers, directors, employees,
affiliates, agents, successors, or assigns warrant
that the services of the Site will be uninterrupted.
The Site is provided on an "as is,"
"as available" basis without representations
or warranties of any kind, either express or
implied. Mitotyping Technologies reserves the
right at any time to modify or discontinue,
temporarily or permanently, the Site (or any
part thereof) with or without notice. You agree
that Mitotyping Technologies nor its officers,
directors, employees, affiliates, agents, successors,
or assigns will not be liable to you or to any
third party for any modification, suspension
or discontinuance of the Site. In no event will
Mitotyping Technologies or its officers, directors,
employees, affiliates, agents, successors, or
assigns be liable to you or any third party
for any damages arising out of your use of or
inability to access the Site.
9. Trademark Notice.
Mitotyping Technologies, the Mitotyping Technologies
logos, and the unique trade dress of Mitotyping
Technologies are the trademarks, service marks,
trade dress and logos of Mitotyping Technologies,
. All other trademarks, service marks, trade
dress and logos used in the Site are the trademarks,
service marks, trade dress and logos of their
respective owners. The Site and the information
contained therein in no way grant any license
or right to use any Mark displayed on the Site.
User is strictly prohibited from using the Marks
displayed on the Site or any other content on
the Site, except as provided in these Legal
Notices. Mitotyping Technologies aggressively
enforces its intellectual property rights, including
criminal prosecution.
10. Termination.
You may discontinue your participation in and
access to the Site at any time. The TOU will
continue to apply to all past use of the Site
by you, even if you are no longer using it.
You acknowledge and agree that Mitotyping Technologies
may terminate or block your use of all or part
of the Site, without prior notice for any reason,
including, without limitation, if Mitotyping
Technologies believes you have engaged in conduct
prohibited by these TOU. You agree that upon
termination or discontinuance for any reason,
we may delete all information related to you
on the Site and may bar your access to the Site
and use of the Site.
11. General.
By accessing the Site, you agree to the above
stated TOU. This Agreement is entered into in
the Commonwealth of Pennsylvania and shall be
construed in accordance with the laws of the
Commonwealth of Pennsylvania, exclusive of its
choice of law rules. Each party to these TOU
submits to the exclusive jurisdiction of the
state and federal courts having jurisdiction
in the Commonwealth of Pennsylvania, and waives
any jurisdictional, venue or inconvenient forum
objections to such courts. In any action to
enforce these TOU, the prevailing party will
be entitled to costs and attorney fees. In the
event that any provisions of these TOU are held
to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent
necessary so that these TOU shall otherwise
remain in full force and effect. These TOU and
any posted guidelines or rules applicable to
certain services within the Site constitute
the entire understanding between the parties
pertaining to the subject matter hereof, and
any prior written or oral agreements between
the parties are expressly canceled. These TOU
does not supersede any other agreement between
Mitotyping Technologies. In the event of any
conflict between these TOU and any other agreement,
the other agreement shall be controlling.
USAGE IMPLIES CONSENT
By using the Site, you consent to these Terms
of Use. If you do not agree with these Terms
of Use, please do not use the Site.
HOW TO CONTACT US
If you have any questions, suggestions or concerns
regarding our Terms of Use, please contact us.
Mitotyping Technologies
2565 Park Center Blvd. Suite 200
State College, Pennsylvania, USA 16801
Phone: 1-800-234-2528
Fax: 814-861-0576
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