Last Updated July 30, 2022
OVERVIEW
These Terms of Service are a binding agreement and entered into by and between you, the visitor or purchaser of products through our Website (“You” or “Your”) and Mito Red Light, Inc. ("Company," "we," or "us"). The following terms, together with any terms they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of www.MITOREDLIGHT.COM including any content, products ordered, and services offered on or through it (the "Website"), whether as a guest or a registered user.
Your use and access of the or purchase of any products from this Website is conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink such as our Privacy Policy located here https://mitoredlight.com/policies/privacy-policy . These Terms of Service apply to all user of our Website, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 – ACCEPTANCE AND ELIGIBILITY
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you cannot access the Website or purchase any products.
Any new features or tools which are added to the Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued purchase of products or access to the Website following the posting of any changes to our Terms of Service constitutes acceptance of those changes.
This Website is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions or are bound to the laws of the United States by transacting business with Us. By using this Website, you represent and warrant that you: (1) are of legal age to form a binding contract; (2) shall not allow persons under the age of 18 to use or access the Website; and (3) meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
You are prohibited from using our products for any illegal or unauthorized purpose. We prohibit the use of our products to violate any laws applicable to you in your jurisdiction.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to reject your orders or refuse “Service” (defined as the systems and protocols that enable us to sell products and offerings made available through our Website, including the Website itself) to anyone, for any reason, at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We recommend that you conduct your own independent research on any opinions expressed on the Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice in advance.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PROPRIETARY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service grant you a limited license for you to use the Website for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features [LINK TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.
You shall not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@mitoredlight.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Servcie, your right to use the Website will stop immediately and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
SECTION 7 - TRADEMARKS
The Company name, the the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors, regardless of whether they are registered or unregistered. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is truthful and accurate, and shall be governed by our Privacy Policy https://mitoredlight.com/policies/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You shall provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 9 - ONLINE PURCHASES
Terms of Sale. By placing an order for products or services through this Website, you accept and are bound by the order terms stated herein and on the Website. You should also carefully review our Privacy Policy https://mitoredlight.com/policies/privacy-policy before placing an order through this Website. You shall not order or obtain products or services from this Website if you: (a) do not agree to these Terms of Service, (b) are not the older of 18 years or older or the legal age required to form a binding contract with Company, or (c) are prohibited from using this Website’s contents, goods, or services by applicable law.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you shall not occur unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing info@mitoredlight.com.
Prices and Payment Terms. Prices and Payment Terms. All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express or Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is yours, true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any; and (v) you will not take any actions to cause a chargeback on your credit card after you place an order, until and unless you have tried to resolve any issues with us first.
Shipments; Delivery, Title and Risk of Loss. We will arrange for shipment of the products to you via a third party service. Please check the individual product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
SECTION 10 - REFUNDS
Mito Red offers a full 60-day trial of all products. The 60-day trial period commences upon customer’s receipt of the product. Return shipping is paid by you. We require that returns be sent back in the original packaging to prevent damage in transit. You shall retain the tracking information to provide proof of delivery to Mito Red. Mito Red is not liable for lost or damaged return shipments and we reserve the right to charge for any damages you caused to the product.
Refunds for customers choosing to return during the 60-day trial period are 100% of product cost – any elective expedited shipping costs and international shipping costs are non-refundable.
Returns must note your full name and order number. Returns must be postmarked before the end of the 60-day trial period. Returns after the 60-day trial period will not be accepted.
If the returned product is damaged in any way or returned in an un-sellable condition. the shipment will be refused and returned to sender.
Return Shipping
To return your product, you should mail your product to:
Mito Red Light, Inc
9319 N 94th Way #400
Scottsdale, AZ 85258
No RMA is required. Please reference your name and order number on the return label.
Damages
Buyer has ten (10) days after delivery to report receipt of a damaged item. Please inspect your product carefully and report any damages within the 10-day period. Mito Red is not responsible for damages reported after the 10-day period. We will require photo and video proof of receiving a product that is damaged so that we can address the issue with the manufacturer or shipping company.
Refunds
Once your return is received and inspected, you will be sent an email to notify you that the item has been received. If the refund is approved then the refund will be processed and a credit will automatically be applied to your credit card or original method of payment.
Exchanges
Items will be replaced if they are defective or damaged, subject to the damages proof requirements, meaning, we will require photo and video proof of receiving a product that is damaged. If you need to exchange the item for the same item, you must send an email to info@mitoredlight.com requesting the exchange.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS AND SERVICES.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Website’s shopping functions are provided by a third-party, Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to You. Therefore, issues relating to the checkout process or the failure by Shopify to support our Website’s functionality may result in limitations in the functionality of our Website.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any comments, feedback and other submissions.
- Take any action with respect to any comments, feedback and other submissions that we deem necessary or appropriate in our sole discretion, including if we believe that they violate the Terms of Service, including the standards set forth in Section 13, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the company
- Disclose your identity or other information about you to any third party who claims that material posted by you violated their rights, including intelletual property rights or their right to privacy
- Take appropriate legal action, including limitation, referral to law enforcement, for illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of inaccurate or objectionable material after it has been posted. Accordingly, and in accordance with federal law (Section 230 of the Communications Decency Act) we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on our Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service above, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
SECTION 18- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mito Red Light, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
IN NO EVENT WILL MITO RED LIGHT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO MITO RED LIGHT FOR USE OF THE SERVICES OR PRODUCTS GIVING RISE TO THE LIABILITY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
PRODUCT SPECIFIC WARRANTY POLICIES:
Mito Mobile / Mito Mobile Flex / Advanced Red Light Therapy Belt - 1 Year Warranty
Mito Red Original & MitoMOD Series - 2 Year Warranty
MitoPRO Series & MitoPERFORM Series & MitoADAPT Series - 3 Year Warranty
Mito Red Light Bed - 5 Year Warranty
The Warranties above are valid only to original purchaser if item purchased directly from www.mitoredlight.com or authorized re-seller and is non-transferable. The warranty period starts the date the original purchased unit is delivered.
The warranty covers any defects in material or workmanship under normal use during the warranty period. During the warranty period, Mito Red will replace, at no charge, products that prove defective because of improper material or workmanship, under normal use and maintenance.
Mito Red will replace the products at no charge. For the first 180 days, Mito Red will be responsible for all shipping costs related to your request. After the first 180 days, buyer will be responsible for product shipping charges and related coverage while in transit to Mito Red. Please retain the tracking information for proof of delivery to us.
The warranty does not cover any problem that is caused by damage resulting from your negligence, improper maintenance, improper use, experimental use, or modifications; the warranty does not cover theft or loss of the product.
To obtain warranty service, you must first contact us at info@mitoredlight.com to determine the problem and the most appropriate solution for you. You may be asked to provide proof of any defects, and therefore you should maintain photos and videos of any alleged defects.
Medical Advice Disclaimer
THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE.
Please seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Mito Red Light does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Website; the same are only for informational purposes. Reliance on any information appearing on the Website, whether provided by Mito Red Light, its content providers, the visitors to the or others, is solely at your own risk.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mito Red Light and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may may deny you access to our Services (or any part thereof) and pursue any and all rights of action and remedies under these terms and by law.
SECTION 22 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the complete and final agreement and understanding between you and us and govern your use of the Services, Website and product orders, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The failure or delay of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 23 - DISPUTE RESOLUTION & GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Arizona, without regard to any conflict of laws provisions to the contrary, and you hereby expressly consent to the personal jurisdiction of the state or federal courts in Arizona for any action brought by or against the Company, and waive any defense to personal jurisdiction.
Agreement to Arbitrate
You and Mito Red Light agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute in court, if you provide Mito Red Light with written notice of your desire to OPT OUT of this arbitration agreement by regular mail at Mito Red Light, Inc., Attn: General Counsel, 9319 N 94th Way Ste 400, Scottsdale, AZ 85260 within thirty (30) days following the date you first access the Services (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Mito Red Light with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Mito Red Light with an Arbitration Opt-out Notice, will be the state and federal courts located in the Arizona and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Mito Red Light with an Arbitration Opt-out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and Mito Red Light otherwise agree in writing, the arbitrator shall not consolidate more than one person's claims, and shall not otherwise preside over any form of any class or representative proceeding. If this specific paragraph regarding class claims is held unenforceable, then the remaining “Dispute Resolution” terms in this Section will remain valid and enforceable to the greatest extent possible. . Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration ). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
The arbitration shall be conducted inPhoenix, Arizona by a single arbitrator. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Mito Red Light submit to the arbitrator, unless either party requests a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Mito Red Light reserves its right to recover, attorneys’ fees and expenses if it prevails in arbitration and in particular if the dispute could have been resolved pre-arbitration or is otherwise frivolous.
Fees
You will be responsible to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. The updated Terms of Service will be sent to You via email. The update Terms of Service email will provide you to opt out of Your participation and use of the Website should You not consent to the updated Terms of Service. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics, lockouts, boycotts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mitoredlight.com.
