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Terms of Use

MitoAction.org Terms of Use

 

Description of Services: MitoAction Inc. ("MitoAction") currently provides users access to an extensive amount of resources through its website, MitoAction.org, over the telephone, and through its other programs, including, but not limited to, health, medical and legal content, social media groups, online forums, help-lines, support groups, online tools, merchandise offerings, and various communication tools (the “Services”).

 

MITOACTION DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR LEGAL ADVICE: The contents of MitoAction.org and the Services provided by MitoAction, including, but not limited to, text, graphics, photographs, software and other material (the "Content"), is presented for informational purposes only. MitoAction will use reasonable efforts to include up-to-date and accurate information in MitoAction.org and the Services, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third-party information, such as, but not limited to, press releases, articles, or information from third-party web sites linked to or from MitoAction.org. MitoAction and its officers, directors, employees, affiliates, agents, volunteers, and sponsors disclaim any responsibility and liability of any kind in connection with the use of the information contained herein or pursuant to the Services. You understand that by using the Services, you may be exposed to content that may include technical, typographical, scientific or photographic errors or that may be offensive, indecent or objectionable. You acknowledge if you find any inaccurate, out-of-date or incomplete information or content on this website, or if you suspect that any content posted on this site is an infringement of another’s intellectual property rights or is otherwise unlawful, please let us know immediately by contacting info@mitoaction.org. We will take reasonable measures to review and investigate all inquiries, and we reserve the right to take any action (or refrain from action) as we deem appropriate under the circumstances.

 

The materials on MitoAction.org and in the Services and the suggestions contained therein in no way should be construed or substituted for professional medical or legal advice.  MitoAction is by no means responsible for any accusations, legal actions, damages or adverse judgments due to use of or reliance upon these materials.

 

In its sole discretion, MitoAction may unilaterally amend or modify these Terms of Use or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of MitoAction.org or the Services constitutes acceptance of any modified terms and conditions.

 

For individuals using MitoAction.org or the Services for their own purposes: The information on MitoAction.org and from the Services, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment, or professional legal advice.  

This information is not intended as medical advice and should not be used for, nor is it intended to constitute, a medical diagnosis or treatment. Information on MitoAction.org and from the Services is not provided in the course of a professional relationship between a healthcare provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. MitoAction does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on MitoAction.org or through the Services. Mitochondrial disorders are different from one individual to the next; treatment and symptoms may vary widely. You should not use MitoAction.org or any of the Services to make decisions about your personal health. This information is not intended to replace the advice of a doctor or other qualified health provider. You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care. If you think you may have a medical emergency, please call or see your doctor, or call 911, immediately and without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE, AVOID OR DELAY SEEKING MEDICAL ADVICE OR DEVIATE FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON MITOACTION.ORG OR RECEIVED FROM A SERVICE. You should read carefully all product packaging. Reliance on any information provided on MitoAction.org or through the Services is solely at your own risk.

This information also is not intended as legal advice and should not be used to inform any legal opinion, potential claim, pending case or settlement.  Information on MitoAction.org and from the Services does not create an attorney-client relationship or privilege between any individuals, nor should it be considered a replacement for consultation with an attorney.  MitoAction does not recommend or endorse any particular attorneys.  This information is not intended to replace the advice of an attorney licensed in your particular jurisdiction; you always should seek the advice of a legal professional with questions about your rights, potential claims, pending cases or possible settlements. 

For medical or legal professionals using the MitoAction.org or the Services: The information on MitoAction.org and in the Services, including but not limited to any Content, is for informational and educational purposes only. Although MitoAction uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, MitoAction makes no assurances as to whether the information provided will at all times be current and does not intend to provide medical or legal advice or reflect the best medical practice for any specific circumstance. You therefore should not substitute information contained on MitoAction.org or in the Services for your own professional judgment, nor should you rely on information provided on MitoAction.org or in the Services in rendering a diagnosis, choosing a course of treatment, or providing specifically-tailored legal advice for a particular individual.

 

Privacy policy: MitoAction is committed to respecting your personal privacy while using the Site. See Privacy Policy.

 

Links to third-party websites: As a resource to our visitors, MitoAction.org and the Services may refer or provide links to third-party websites. MitoAction does not endorse or make any representations about any third-party websites or any information or other products or materials found on these sites, or any results that may be obtained from using these sites. MitoAction has not reviewed all of these other sites, is not responsible for the content on any third-party websites, and does not make any representations regarding their accuracy. MitoAction and its officers, directors, employees, affiliates, agents, volunteers, and sponsors shall not be liable for any damages or injury arising from the content of these other sites. Your use of third-party websites is at your own risk and subject to the privacy policies and terms of use of such sites. MitoAction suggests you check the privacy policies and terms of such sites directly.

 

Use of Content: You may print and download portions of material from the different areas of MitoAction.org and the Services solely for your own non-commercial use if you include the following copyright notice: "Copyright ©2017, MitoAction Inc., All rights reserved" and other copyright and proprietary rights notices that are contained in such material. No portion of the material on MitoAction.org and in the Services may be reprinted, republished, modified, or distributed in any form without the express written permission of MitoAction. Certain content on MitoAction.org and in the Services may be licensed from third parties and all such third-party content and all intellectual property rights related to the material belong to such third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on MitoAction.org or in the Services. Any rights not expressly granted in the Terms of Use are reserved by MitoAction. If you violate any of these Terms of Use, your permission to use the material on MitoAction.org and in the Services automatically terminates and you must immediately destroy any copies you have made of any portion of such material.

 

MitoAction assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personal data or settings. All such risks shall be borne by you.

 

You also understand that MitoAction cannot and does not guarantee or warrant that files available for downloading from MitoAction.org or any of the Services will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards"). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to MitoAction.org and the Services for the reconstruction of any lost data.

 

Proper Use of Social Media Groups: Information shared within any MitoAction-moderated social media or other groups, social media area of MitoAction.org, or the Services (collectively, the “Social Media Groups”), is not reviewed or monitored by MitoAction. The Social Media Groups are provided for you to share personal experiences, connect with other visitors, and discuss anything relevant to the management and treatment of mitochondrial diseases. When using the Social Media Groups, you agree not to:

  • Participate if you are under the age of 13;
  • Post any profanity or obscenity, even if disguised with asterisks or other typography;
  • Post or distribute, whether directly or through a link to another website, any vulgar, obscene, discourteous, unlawful, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, violent, lewd, pornographic, or indecent material, as determined by MitoAction in its sole discretion;
  • Make any personal attack on any person, firm, or company;
  • “Stalk” or otherwise harass another person;
  • Use the Social Media Groups for or to discuss any purpose in violation of local, state, national, or international laws;
  • Post, or create any link to, any material that is a breach of any data protection principle or legislation, a malicious falsehood or seditious libel, a contempt of court, or that is likely to incite or is capable of inciting violence, racial hatred, or cruelty or that encourages any unlawful or illegal act or omission;
  • Use the Social Media Groups for commercial purposes of any kind, even if you disclose yourself as a representative of such commercial entity;
  • Post or distribute any material that infringes on the right of a third party, including without limitation the intellectual property rights of others or the privacy and publicity rights of others;
  • Post any communications containing Personally Identifiable Information (such as name, phone number, email address or website URL) of any person without their consent;
  • Post "chain letters," "junk mail," "pyramid schemes," any form of spam, multiple submissions to forums or comments which are identical or other forms of promotion for other sites;
  • Upload media, like images or video, of other people without their permission;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • Post or distribute any software or other materials that contain a Hazard, virus or other harmful component;
  • Impersonate another person, whether a public figure, a member of our staff, a forum moderator, administrator or host, or other visitor to the Social Media Groups, or allow any other person or entity to use your identification;
  • State or represent falsely that you are connected to, or affiliated with, any individual or entity, including MitoAction;
  • Create any liability for MitoAction or cause MitoAction to lose (in whole or in part) the services of its internet service provider(s) or other suppliers;
  • Try to circumvent the security features of the Social Media Groups, or tamper with, hack into, or in any other way disrupt or disable any computer system, server, website, router or other device used to host this website and make it available;
  • Use any device, software or routine to interfere with the proper working of any Service. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of MitoAction.org and the Services; or
  • Use MitoAction.org or the Services in a manner that we determine, at our sole discretion, restricts or inhibits any other user from using or enjoying them.

 

MitoAction reserves the right to:

  • Investigate an allegation that a communication does not conform to the Terms of Use;
  • Edit, modify, or delete any communication posted on MitoAction.org or made in any of the Services for any reason in its sole discretion; or
  • Terminate a user's access to any or all Social Media Groups upon any breach of the Terms of Use.

 

MitoAction reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, MitoAction and its officers, directors, employees, affiliates, agents, volunteers, and sponsors assume no liability or responsibility to users of MitoAction.org or the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

 

When participating in a Social Media Group, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information contained in any Social Media Group may not be reliable and you should not make any decisions based on this information. MitoAction and its officers, directors, employees, affiliates, agents, volunteers, and sponsors are not responsible for the content or accuracy of any information contained in any Social Media Group. Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of MitoAction.org and the Services. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

 

Privacy of Children: MitoAction is committed to protecting the privacy of children. You should be aware that MitoAction.org and the Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

 

Indemnity: You agree to defend, indemnify, and hold MitoAction and its officers, directors, employees, affiliates, agents, volunteers, and sponsors harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (i) your use or misuse of MitoAction.org and the Services, or (ii) your violation of the Terms of Use.

 

Disclaimer of Warranties and Limitation of Liabilities: MITOACTION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO MITOACTION.ORG, ITS CONTENT, ALL SERVICES, ANY MERCHANDISE PROVIDED THROUGH MITOACTION.ORG OR THE SERVICES OR ON THE INTERNET GENERALLY. MITOACTION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VOLUNTEERS, AND SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH MITOACTION.ORG, ALL SERVICES OR ON THE INTERNET GENERALLY. MITOACTION DOES NOT WARRANT THAT MITOACTION.ORG OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN MITOACTION.ORG OR THE SERVICES WILL BE CORRECTED. MITOACTION.ORG, THE SERVICES AND THE CONTENT MADE AVAILABLE ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

 

Notice and Take Down Procedures: If you believe any materials accessible on or from MitoAction.org or any of the Services infringe your copyright, you may request removal of those materials (or access thereto) from MitoAction.org or the Services by contacting MitoAction's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

MitoAction's agent for copyright issues relating to this Site is as follows:

MitoAction
PO Box 51474
Boston MA 02205

 

Governing Law and Choice of Forum: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under United States federal law.

 

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Massachusetts and of the United States of America located in the State of Massachusetts for any litigation or disputes arising out of or relating to use of MitoAction.org and the Services and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Massachusetts Courts and agree not to plead or claim in any Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum.

 

International Users: MitoAction makes no claims that MitoAction.org, the Services or the Content is appropriate or may be accessed outside of the United States. Access to MitoAction.org, the Services or the Content may not be legal in certain countries or for certain persons. If you access MitoAction.org, the Services or the Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Severability: In the event that one or more portions of these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Use.

 

Headings: The headings used throughout these Terms of Use are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms of Use.

 

No Waiver: Any delay or failure by you or MitoAction, at any time or times, to require performance of any provision hereof shall in no manner affect your or MitoAction's right at a later time to enforce such provision. No delay or failure of you or MitoAction in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.

 

Entire Agreement, Updates and Modifications: These Terms of Use and any documents expressly incorporated by reference constitute the entire agreement between MitoAction and you pertaining to the subject matter hereof. In its sole discretion, MitoAction may unilaterally amend or modify these Terms of Use or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of MitoAction.org or the Services constitutes acceptance of any modified terms and conditions. If you have any questions about these Terms of Use, contact MitoAction at info@mitoaction.org.