Terms of Use

Terms of Use

MITRAX.COM TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”).    USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE (“Agreement”). By accessing, browsing and/or using this Site, you (“You” or “User”) acknowledge that You have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.

  1. Application of Terms.

This Agreement applies to this Site even if you or your company has another agreement in place.  This Agreement may be changed or updated without notice, and these changes and updates will apply to use of this Site and the materials on it after such changes or updates are made.  MiTRAX also may make improvements and/or changes in the products and/or programs offered through this Site at any time without notice. Should you or your company use any services, products or licensed software, additional terms shall apply.

  1. Intended Audience.

MiTRAX.com (“MiTRAX”) is operated and/or controlled by RVL Enterprises LLC and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials and services found on this Site (collectively, the “Content”) is intended for the lawful use of MiTRAX’s customers, employees and members of the general public who are authorized to use it.

This Site is not a children’s site and MiTRAX does not solicit data from children or market to children.

This Site is controlled and operated in whole or in part by MiTRAX from its offices within the United States.  MiTRAX makes no representations that this Site or the Content is appropriate or available for use in other locations.  Those accessing this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.  By accessing this Site, You acknowledge that MiTRAX reserves the right in its sole discretion to refuse or terminate access to this Site at any time.

Nothing on this Site shall be interpreted as offering legal, tax or financial advice.

  1. Privacy.

You agree to read and periodically review the Privacy Policy posted on this Site. You agree to the terms of the Privacy Policy as posted by MiTRAX.

  1. Intellectual Property Rights.

 

MiTRAX, its suppliers or its licensors own all copyrights to the Content on this Site and all other intellectual property rights related to this Site.  All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to MiTRAX or its suppliers or licensors. You acknowledge that you have been advised by MiTRAX that the Content, Marks and all other proprietary material accessible through this Site is protected in the U.S. and internationally by a variety of laws and regulations.

THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED.  YOU MAY ONLY VIEW OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR OWN USE AND YOU MUST KEEP ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ATTACHED TO THE DOWNLOADED MATERIAL.

  1. External Sites.

This Site may contain links to other web sites which are owned or operated by third parties, including websites owned or operated by government bodies such as the U.S. Government (“External site(s)”).  MiTRAX makes no representations whatsoever about any other site that you may access through this Site.   MiTRAX is not responsible for the policies or content at External sites and MiTRAX does not control the privacy policies for External sites.  MiTRAX does not control how User information will be utilized at External sites.  Since MiTRAX has no control over such sites and resources, You acknowledge and agree that MiTRAX is not responsible for the availability of such External sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External sites or resources.  Links to External sites are provided solely as a convenience to authorized users of this Site.  It is your responsibility to take precautions to ensure that whatever site you select for your use is free of such items as viruses, worms, trojan horses, or other items of a destructive or disruptive nature.  It also is your responsibility to read the terms of use and the privacy policies that may appear on such External sites and to determine for yourself whether you are willing to assent to such terms or policies.  References on this Site to any names, marks, products or services of any third parties or to hypertext links to External sites are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services.   MiTRAX makes no representation or warranty as to any third party content, products or service, and You agree that MiTRAX will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such third party content, products or services available through or on any External site or third party resource, or for any use of any personal information that You may choose to convey as You use an External site. If you are interested in creating any links to this Site, You must get approval from MiTRAX’s Legal Department before doing so. In establishing links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of this Site or MiTRAX, including its respective employees, agents, directors, officers and shareholders.  You agree to remove any link to this Site immediately upon request by MiTRAX.

  1. Disclaimer of Warranties.

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT USER’S SOLE RISK. MITRAX DOES NOT WARRANT OR REPRESENT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MITRAX MAKE ANY WARRANTY OR REPRESENTATION AS TO THE QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, DATA, PRODUCT OR SERVICE OBTAINED BY USER VIA THIS SITE. MITRAX MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT IN RELATION TO THIS SITE. MITRAX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD PARTY WEB SITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH USER GAINS ACCESS VIA THIS SITE.

  1. General Release

You release MiTRAX, its affiliates, its and their officers, directors, employees and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to User’s use of this Site.

  1. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL MITRAX BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR THE INTERNET GENERALLY, INCLUDING USER’S USE OF OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IF USER IS DISSATISFIED WITH THIS SITE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.

  1. Indemnification

You agree to indemnify, hold harmless and defend MiTRAX, its affiliates and subsidiaries, shareholders, directors, officers, employees and agents from and against any losses, costs, damages, liability or expenses, including costs and attorney’s fees, asserted by any person, arising out of or relating to this Agreement or your use of this Site.

  1. Termination

MiTRAX reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of this Site; (b) suspend your access to or use of all or any portion of this Site; (c) terminate any license granted herein; or (d) retrieve any material obtained by You from this Site.   This shall not apply to or prejudice your rights under other agreements You may have with MiTRAX.

  1. Forums and Postings

 

Although MiTRAX may remove any objectionable messages, postings and comments from this Site, it is impossible for us to review all messages. All messages express the views of the author, and not MiTRAX.  MiTRAX will not be held responsible for the content of any message, comment or information provided by any third party. MiTRAX does not indorse any businesses or individuals which may solicit business from this Site through the posting of comments or messages on this Site.  You should always research all products and services independently and make your own informed decision.

By using this Site, You warrant that you will not post any messages or comments that are obscene, vulgar, sexually-orientated, hateful, threatening, violate any third party intellectual property rights, or otherwise violate any laws. You also agree to not use this Site for any illegal activity. These offenses are grounds for immediate refusal or termination of access to this Site. All posts become the property of MiTRAX.  As a result MiTRAX reserves the right to remove, edit, move or close any thread for any or no reason.

  1. Product Reviews

Buyers should perform their own research and evaluation of the products and make their own well informed decision before buying any products. The product reviews offered on this Site are solely the opinion of the individual reviewer who wrote the review.  MiTRAX shall have no liability whatsoever for any opinion, product or product review appearing on this Site.  Products are purchased at the buyer’s own risk.

  1. Miscellaneous
  2.  Notice.  All notices regarding this Site shall be in writing by certified mail or commercial delivery service against receipt to the attention of the General Counsel, MiTRAX 1221N Street Lincoln, NE 68508. Notice shall not be by facsimile transmission or e-mail.
  3.  Law. This Agreement shall be governed by the laws of the State of Nebraska applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.
  4.  Forum and Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Lancaster County, Nebraska.  Notwithstanding anything to the contrary in this paragraph, MiTRAX may apply to a court of any other jurisdiction for injunctive or other equitable relief in respect of a breach or anticipated breach by you of this Agreement.
  5.  Customer Feedback. You agree that MiTRAX may use any suggestions, enhancements requests, recommendations or other feedback you provide through this Site or to MiTRAX.

e.  Entire Agreement. This Agreement constitutes the complete statement of the agreement between MiTRAX and You with respect to this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.  This Agreement was last modified on September 17,2013.