Terms and Conditions (“Terms”)Last updated: July 07, 2016
Terms and Conditions (“Terms”)
Please read these Terms and Conditions ("Terms", "Terms and Conditions", “Statement”) carefully before using the mitrib.com website ("Service" or “Platform”s) operated by mitrib LLC (“mitrib”, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases and Refunds
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase
the information you supply to us is true, correct and complete
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You can change or cancel your subscription at any time through your Account Details page. If you cancel your subscription you will retain full access to the Service until the renewal date but will not be automatically charged for a new term. Paid member access to the service will end on your subscription renewal date.
Except as set forth in these Terms, all payments for services are non-refundable and there are no refunds or credits for unused or partially used subscriptions or subscription cancellations. An exception to this policy is if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if both of the following conditions are met:
you have not used your subscription during the current subscription renewal period
you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge
Any such refunds will apply only to the most recent charge. For refund-related questions, please contact us at firstname.lastname@example.org.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. This license ends when you delete your Content or your account unless your content has been shared with other users, and those users have not also deleted it.
You have the ability to delete your Content. When you delete your content, you understand that it may still exist in backup copies for a reasonable period of time. The content existing solely in backup copies will not be available to other users. If you have already shared your Content with other users, they must also delete the Content to completely remove it.
mitrib LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of mitrib LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
User feedback and suggestions are important to us. When submitting feedback and/or suggestions, you understand that we have no obligation to use or act on the feedback and/or suggestions. You also understand that we may use your feedback and/or suggestions without any obligation to compensate you. You also understand that you have no obligation to offer feedback and/or suggestions.
The Service is available for use on mobile devices. When using the Service on your mobile device, you understand that the normal rates and fees, such as data charges, for your Carrier will still apply.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
When you create an account with us, you guarantee that you have never been convicted of a felony.
When you create an account with us, you guarantee that you are not required to register as a sex offender with any government agency.
Currently, mitrib does not conduct criminal background screening on users. When you use the Service, you acknowledge that mitrib reserves the right to conduct any criminal background check, at any time and using available public records, to confirm the guarantees you have made. When you agree to the Terms, you hereby authorize any such check.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Safety and Other People’s Rights
We try to keep the Service safe, but do not guarantee it. To help us in our effort to keep the Service safe, you commit to the following when using the Service:
You will not use the Service for commercial communications and/or gains.
You will not use the Service for marketing.
You will not solicit login information.
You will not access any account belonging to anyone other than yourself.
You will not collect user information using automation of any kind.
You will not upload code of any kind.
You will not use any part of the Service for:
bullying any user
harassing any user
intimidating any user
threatening any user
promoting and/or inciting violence
You will not do anything to alter and/or impair the working, appearance, and/or functionality of the Service.
You will not help or encourage anyone else to violate our Terms or policies in any way.
You will not use the Service to infringe or violate someone else’s rights.
You will not use our copyrights or Trademarks without our written permission.
The Service allows creation of events which can be used to facilitate physical, face-to-face, and/or in-person meetings. We do not supervise events. We are in no way involved with the actions of any individuals at events. We have no control over individuals who are present at any event. By using the Service, you agree to exercise caution and good judgement when attending or creating an event.
By using the Service, or attending any event created through the Service, you agree to bear all risk and release us from all claims, demands, and damages of every kind and nature.
By using the Service, you agree that you understand that events are completely optional. You have no obligation to create, accept, or attend any event. By using the Service, you agree that any event you create, accept, or attend is completely at your own risk.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright. If we remove your content for infringement, and you believe the removal was a mistake, you will be given the ability to appeal.
Repeated infringement will lead to your account being disabled.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
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;
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.
You can contact our Copyright Agent via email.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of mitrib LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of mitrib LLC.
Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by mitrib LLC.
mitrib LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that mitrib LLC 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 of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and/or the spirit of the Terms.
If you wish to terminate your account, you may delete your account at any time.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless mitrib LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
In no event shall mitrib LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
mitrib LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You will be able to review the revised items before continuing to use the Service.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Special State Terms
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:
2951 NW Division St
Gresham, OR 97030
Please include your mitrib.com username and email address in any correspondence or your refund may be delayed. If you cancel, mitrib LLC will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or use of the web site. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, unless necessary to fulfill your request, e.g. to ship merchandise.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time.
You can do the following at any time by contacting us:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to use the website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. You will also be asked to provide demographic information (such as gender or age) about yourself.