No material from this Website may be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Website. The Website, including, but not limited to, all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, video, messages, graphics, software and the code used to generate the pages, as well as the selection, coordination, arrangement, and enhancement of the Website (collectively, "Materials and Content"), is the exclusive property of Mitera and its licensors and is protected by patent, trademark, copyright, service mark, trade dress, moral rights, intellectual property rights, communications regulations and statutes, rights of privacy and publicity, and/or other rights under United States and/or foreign laws and international treaties. All worldwide rights, titles, and interests are reserved.
As between you and Mitera, (or any other company whose marks appear on the Website), Mitera (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Website, and is the copyright owner of the Materials and Content on the Website, unless otherwise indicated. The Mitera logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Mitera Intellectual Property") are owned by Mitera and may be registered in the United States and internationally. You agree not to display or use the Mitera Intellectual Property in any manner without Mitera's prior permission. Nothing on the Website should be construed to grant any license or right to use any Mitera Intellectual Property without the prior written consent of Mitera.
Except as otherwise provided herein, use of the Website does not grant you a license to any Materials and Content or features you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose without the prior written consent of Mitera. You may not print, copy, display, perform, reproduce, publish, add to, license, post, transmit, or distribute any Materials and Content from this Website in whole or in part, for any public or commercial purpose without the specific prior written consent of Mitera. You are prohibited from using any data mining, robots, or similar data gathering or extraction methods on the Website or as a means to collecting Materials and Content. You are also prohibited from manipulating or otherwise displaying the Website or Materials and Content by using, grabbing, framing or any other navigational technology. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries and international treaties, as well as applicable state laws, and you may be subject to liability for such unauthorized use.
The contents of the Website and the Website as a whole, may be used only for lawful purposes and is available only for your personal and noncommercial use, which shall be limited to viewing the Website, purchasing products, and providing information to the Website. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. Mitera specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
- Attempting to interfere in any way with the Site's or Mitera’s networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
The Terms of Service shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the District of Columbia without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Service.
Binding arbitration and class action waiver
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF SERVICE, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Washington, D.C. or the city within the United States in which you reside.
The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN [LOCATION]. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Company may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.