An investment in knowledge pays the best interest. --Benjamin Franklin
This agreement (“user agreement” or “agreement”) serves to outline the rights and terms of use between Mitosis (“we”, “our,” “us”,), any internal, external or 3rd party systems (“system(s)”, “site(s)”) and you (“visitor”, “client”, “member”, “subscriber”, “user”). These terms extend throughout the Mitosis platform including, but not limited to, any comment submissions, forums participation and generally, any information submission by you to us. Note that you are required to read and accept the terms outlined in our Privacy Policy in conjuncture with accepting these terms.
This agreement is legally binding between you and us. By accepting the terms below you hereby agree that you have read, understood, and agree to be bound by the terms and will participate in good faith in creating a fair and open community for discussion, sharing and camaraderie.
ACCESS
We reserve the right to refuse service, terminate or suspend your account, remove content and/or block access, at any time and without notice to the site or any external or 3rd party systems controlled or operated by us or on our behalf.
USAGE
Mitosis is for personal use only. Using any systems we provide to break the law, violate user privacy or infringe upon intellectual property or any other proprietary rights is strictly forbidden. Mitosis is for entertainment purposes only. We are NOT responsible for actions you may take based on information found within the system.
COMMERCE
Mitosis may offer commercial products and/or services and/or establish commercial partnerships for offerings of goods and services within the system for compensation. This may include, but is not limited to, advertisements, affiliate services, coupons and/or discount deals. We are not responsible for any transaction you have with external or third-party product or service providers. Any and all transactions you are party to are your responsibility. Buyer beware.
MEMBERSHIP
Mitosis allows user registration whereby a visitor may create a username and password combination to create an account (“Account”), log in and participate in discussions and post content. It is the users responsibility to create a safe and secure login combination and keep the details safe. Mitosis takes no responsibility for accounts that are compromised or damages that may incur due to fraudulent access. You are responsible for all actions associated to your account.
CONTENT
You are granted the right to access Mitosis content as outlined in this agreement. You may not make commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Mitosis content except as permitted by the “fair use” or as authorized in writing by us. To request license rights to Mitosis content please contact us directly at licensing@mitosis.com.
Mitosis may contain text, images, graphics, video, audio, software, code and advertisements supplied by us or our partners. This “Mitosis content” is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. Additionally, Mitosis may contain hyperlinks to sites, files or other content located outside of the system. Mitosis takes no responsibility for this information. Finally, Mitosis does not endorse or assume any liability for any user submitted content.
Mitosis content may contain ads, opinions, reviews, news or other information on financial instruments both regulated and unregulated. This information is NOT intended as investment advise. We take NO responsibility for any financial investments you make. You are encouraged to contact a certified and reputable financial adviser before investing in anything.
By submitting information to the system “your content”, you agree to grant us a non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, worldwide license to publicly display, prepare derivative works, perform, distribute copies, or reproduce your content in any form or medium and for any purpose, including commercial purposes, and authorize others to do so.
You must have the right to submit the content you post to us. By agreeing to these terms, you hereby agree that your user content does not violate the trademark, trade secrets or copyrighted works or any other personal or proprietary right of any other party. You also agree to take any and all legal responsibility for any hyperlinks posted by you to outside sites, files or content.
CONTENT GUIDELINES
By agreeing to this document, you hereby agree to the content guideline rules below. Posting, sharing or otherwise making available the following type of Content is Strictly Prohibited:
Breaking any of the content guideline rules may result in banning. Note: forums or sections of the site may have moderation and contain their own content guidelines and rules. Mitosis is not responsible for the means or manner in which moderated areas of the site are enforced.
AGE RESTRICTIONS
Mitosis is not intended for people under the age of 13. By agreeing to these terms, you hereby swear that you are of age and that you are not setting up an account for anyone under 13 years of age. We do not knowingly collect any information from those younger than 13. Please refer to our Privacy Policy for further information on age requirements.
COMMUNICATIONS
In efforts to keep the Mitosis community informed we may show web pop-ups and/or send emails containing alerts, website updates, news, coupons or other information to members. We will abide by all regulations within the CAN-SPAM Act. Please refer to our Privacy Policy for details on how we handle and store sensitive user information.
DMCA, COPYRIGHT & TAKE DOWNS
We will respond to legitimate Digital Millennium Copyright Act (“DMCA”) take down requests. If you become aware of user content on Mitosis that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to us at copyright@mitosis.com.
Note: Filing a false infringement report may result in liability for monetary damages against the individual or entity filing the complaint. Consultation an attorney before submitting a DMCA take down request is advised.
Please submit the following with your request (additional information may be required):
INDEMNITY
All actions and content submitted by you to us are your responsibility. You agree NOT to hold us legally liable for any actions or consequences generated from your use or submissions that may infringe the law or the rights of a third party or person in any way. Furthermore, you agree to hold Mitosis, its affiliates, officers, directors, employees, agents, and/or third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your actions or access to Mitosis, your violation of this user agreement, and/or your violation of the rights of any third party or person.
DISCLAIMER OF WARRANTIES
Mitosis is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic.
You are solely responsible for any and all damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Mitosis or of it’s systems will be always be available or function properly.
LIMITED LIABILITY
We will NOT be held liable for ANY damages in any way connected with this agreement or your use (or attempted use) of Mitosis, including (but not limited to) damages for loss of profits, goodwill, use, or data. You agree to release us, our affiliates, third-party service providers and each associated director, employee, agents and/or officers from claims, demands and/or damages of ANY kind and/or nature arising out of or in any way connected to your use of Mitosis.
USER AGREEMENT UPDATES & CHANGES
This document constitutes the agreement between you and us in its entirety. It supersedes all prior and previous agreements between you and us. We retain the right to modify, alter or extend this user agreement at any time. By using Mitosis after changes and/or alterations to this agreement, you hereby agree to any and all changes.
Mitosis (“We”, “Us”, “Our”, “Site”, “System”) respects your privacy (“You”, “Your”, “Guest”, “Member”, “Subscriber”). Please read this Privacy Statement fully to understand what personal information (“Personal Information”) we collect through our services and what we may do with that information. This Privacy Policy applies to information collected through any of our products or services including website, mobile app, tablet app, third-party services, any sub-domains, any sub-folders, partners, affiliates any physical communique.
CHANGES TO THIS PRIVACY STATEMENT
We reserve to right to alter this Privacy Policy at any time, for any reason. Changes to our privacy policy will be posted with an updated “effective date”. It is the responsibility of the visitor to check our Privacy Policy for changes and revisions. By visiting us you agree that your visit and any dispute over privacy is governed solely by this Privacy Policy and our Terms and Conditions. Please note, this website may contains links to other, external websites. We and our affiliates are not responsible for the content or the privacy policies of any outside services to which we may link.
THE INFORMATION WE COLLECT
We may passively collect any and all usage data available from our visitors including, but not limited to, browser software name/type, operating system name and version, screen resolution, referring page, name, age, phone number, email addresses, IP addresses, local , phone numbers, physical addresses, links clicked, time on site, etc. We may also actively solicit such information via forms. NOTE: If submitting information for the intent of entering a contest or creating an account, you must be 13 years of age or older and agree to our Terms and Conditions. All information provided by the visitor may be stored and retained by us in perpetuity and may be used and disclosed as permitted in this Policy. We may also use such information to solicit and/or retreive credit reports (“Finance Information”).
We may maintain relationships with outside service providers. The information these providers make available may be embedded within our pages or presented in a “framed” format, where our page border will surround the content served by the service provider(s). We may also directly link to the vendors’ content. Please be aware that any information you provide to our outside service providers is subject to their respective Terms of Service and/or Privacy Policies and may differ from ours.
HOW WE USE THE INFORMATION WE COLLECT
PAGE INTERACTIONS
Any information we obtain from you, either passively or actively, may be stored on our servers or in a cookie on your device. This information may may be used internally or shared with third-parties. This information may also be used to confirm and fulfill a request you are making, to follow-up on that request, and/or to communicate with you about a product or service. Messages that we send to you for these purposes may incidentally include promotional material or other content from our partners or affiliates.
VISITOR BEHAVIOR
We may perform statistical analyses of your behavior in order to measure interest in the various areas of our pages, for development purposes, and/or to inform affiliates and partners about visitors who click on their links or other messages. In these analyses, we may disclose information to third-parties. We may also use your information to pre-fill forms on your behalf.
OTHER USES
We may share your personal information with our affiliates in order to identify products or services in which you may have interest, to improve our user experience and, generally, to engage in market research and for other internal business purposes. We may also aggregate your personal information with others’ information and prepare reports on site usage, purchase history or other factors for sale or distribution to others. Those reports are aggregated and may include personally identifying information. Finally, we may use your personal information to send you email or postal communications regarding products or services offered by us or by third-parties with whom we have relationships in which we think you may be interested.
Data Collected in Connection with Ad Serving and Targeting: We may provide your information to partners and affiliates for use in serving and targeting advertisements, promotions, or other marketing messages you see on the pages of our site and other websites.
SECURITY
We understands the importance of security for our visitors. We may use industry-standard SSL (Secure Socket Layer) encryption technology to protect personal data, such as credit card information and finance or insurance application information, during transmission, and maintain other commercially reasonable precautions to protect information that we store or retain. However, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted over the Internet.
DIRECT CONTACT
Using information from our visitors we and/or our partners/affiliates to whom we disclose such information in accordance with this Privacy Policy may periodically send you solicitations and/or inquiries. We may also send you special promotions and other commercial offers that we think may be of interest to you. You agree that we may contact you in these ways as well as service confirmations, service/product fulfillment communiques and service or information requests.
LOCAL DATA STORAGE
We may store data on your accessing device to later identify you (herein referred to as a “cookie”). A cookie may contain a information that allows us to identify you and perform such tasks as tracking the pages you’ve visited, frequency, etc. We may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns.
PERSONAL INFORMATION FROM NON-U.S. CITIZENS
Unless specified otherwise, all users must be at least 13 years of age and a legal resident of the United States to participate in any activity that requires the submission of personal information. By your participation in our site activities, you certify that you are at least 13 years of age and a legal resident in the U.S. Our products/services are designed and targeted to United States (U.S.) audiences and is governed by and operated in accordance with the laws of the United States. We make no representation that this site is operated in accordance with the laws or governed by other nations. If you are located in the European Union or elsewhere outside of the U.S., and you participate in activities on this site, contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws. Please be aware that any personal information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this site, participating in any site activities, and/or providing us with your personal information, you consent to this transfer of personal information to the U.S., and waive any claims that may arise under your own national laws.
PROTECTING THE PRIVACY OF CHILDREN
We define “children” as those younger than 13 years old. Our website is not directed at children under 13 and we do not knowingly collect or use any personal information from children or provide personal information to any third-party from our visitors younger than 13 years old. We do not knowingly allow children to register with us or participate in any of our services. No information should be submitted to or posted to us by visitors younger than 13 years old without the direct consent of the child’s Parent and/or Guardian. If you’re under 13, please do not provide any information about yourself to us. NOTE: If information is provided to us by a minor, the parent or guardian MUST inform us immediately to remove the user information from our contact database.
USE AND DISCLOSURE OF FINANCIAL INFORMATION
We may use and store your credit card information only to bill you for the products and services you order from us. We do not share your credit card information except as may be necessary to process your transactions or comply with law. Purchase Request information may be used to transmit to third-parties for products or services and to contact consumers regarding purchases. Similarly, finance information is used to transmit to third-parties requests for financing. Typically, in either case, the information is transmitted to retailers, private party sellers, manufacturers, lenders or fulfillment entities, as applicable, who may be in a position to respond to your request.
Purchase Request or finance information transmitted to a retailer, manufacturer, lender or fulfillment entity becomes the property of that retailer, manufacturer, lender or fulfillment entity, in addition to us. The information is used to process your purchase request or financing application and to provide you with information about goods and services. Any request to opt out of future retailer, lender, manufacturer or other third-party communications must be made directly to that third-party.
We may offer you the ability to send content from our pages to others. This functionality is for informational purposes only and may not be used for any unlawful purpose. This includes all harassment or threats. We expressly reserves the right to release information you provide through use of this functionality (including, but not limited to, email addresses, names and IP addresses) to third-parties in any case of suspected abuse or other problems, in order to enforce our terms of service and to protect or troubleshoot the service, the site, its users or others who may be affected. Information collected this way is otherwise subject to the same limitations of use, access, security and disclosure described elsewhere in this privacy policy.
AFFILIATE LINKS, PRODUCTS & SERVICES
We may feature products and services from third-party affiliates and partners. We share with these third-parties such information as is necessary for them to provide the products or services.
OTHER DISCLOSURES
We may occasionally release information about our visitors when appropriate to comply with law, to enforce our Terms and Conditions or to protect the rights, property and/or safety of visitors to our site, the public or us. We may share email addresses we collect with advertisers (or their designated agents). We may share information within our databases with partners and/or affiliates. Some of the information in our databases may be personally identifying.
In the event our business and/or assets are acquired or in the event of a merger which results in a change in asset ownership, visitor data may be a transferred assets. We will make reasonable efforts to ensure that the acquirer of our customers’ personal information respects the provisions of this privacy policy although this may not be possible in certain legal settings (such as bankruptcy).
YOUR RIGHT TO OPT-OUT
We will adhere to all U.S. legal requirements for communication such as the CAN-SPAM Act. Information on opting out of communications will be provided as necessary.
QUESTIONS/CONCERNS
If you have any questions or concerns regarding privacy, security, opting-out or understanding how your personal information is being used by us or our affiliates and partners, please contact us.