Terms of Service
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on MitoXcell's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Mito-E's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by MitoXcell at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on MitoXcell's web site are provided "as is". MitoXcell makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MitoXcell does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall MitoXcell or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MitoXcell's Internet site, even if MitoXcell or a MitoXcell authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on MitoXcell's web site could include technical, typographical, or photographic errors. MitoXcell does not warrant that any of the materials on its web site are accurate, complete, or current. MitoXcell may make changes to the materials contained on its web site at any time without notice. MitoXcell does not, however, make any commitment to update the materials.
MitoXcell has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MitoXcell of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to Mito-E's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
The information collection, use, and dissemination practices of MITO-ENTERPRISES.
- Collection of Information.
This policy applies to MitoXcell’s collection, use, storage and disclosure of information by MitoXcell on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the "Websites"), (b) on various third party websites, and (c) to MitoXcell’s other information collection, including the purchase of customer lists from third parties. MitoXcell is not responsible for the information collection or privacy practices of third web sites or applications.
1.1 Survey Information.
MitoXcell collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes an MitoXcell survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, a "Survey"). (As used herein, "online" means using the Internet, including the Websites, and related technologies, and "offline" means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, MitoXcell or a third party (a "Third Party") may ask an individual to provide various information to MitoXcell, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, "Survey Information"). MitoXcell may also collect information concerning an individual from another source and uses that information in combination with information provided from this web site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to MitoXcell. or Third Party, but an individual may receive incentives from MitoXcell. or a Third Party in exchange for providing Survey Information to MitoXcell.
1.2 Third Party List Information.
MitoXcell collects information from individuals when an individual provides information to a third party and MitoXcell purchases, licenses, or otherwise acquires the information from the third party (the "Seller"). Such purchased information may include, but is not limited to, an individual's name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, credit card information, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, "Third Party List Information"). When acquiring Third Party List Information, MitoXcell seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to MitoXcell and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller's list.
1.3 Other Information.
Other occasions when MitoXcell obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by MitoXcell or by a third party, (2) when an individual requests assistance through MitoXcells’ customer service department, and (3) when an individual voluntarily subscribes to a MitoXcell service or newsletter (together, "Other Information").
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.
MitoXcell products currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, MitoXcell may use other new and evolving sources of information in the future (together, "Technology Information").
A cookie is a small amount of data stored on the hard drive of the individual's computer that allows MitoXcell to identify the individual with his or her corresponding data that resides in MitoXcell’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.
(b) Web Beacons.
A web beacon is programming code that can be used to display an image on a web page (by using an programming function -- seehttp://truste.org for more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows MitoXcell to track certain web sites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, MitoXcell might place, with the consent of a third party website, a web beacon on the third party's website where fishing products are sold. When John Doe, an individual listed in MitoXcell‘s database, visits the fishing website, MitoXcell receives notice by means of the web beacon that John Doe visited the fishing site, and MitoXcell would then update John Doe 's profile with the information that John Doe is interested in fishing. MitoXcell may thereafter present offers of fishing related products and services to John Doe. In addition to using web beacons on web pages. MitoXcell also uses web beacons in email messages sent to individuals listed in MitoXcell’s database.
(c) New Technology.
The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is MitoXcell’s use of new and evolving technology. As a result, MitoXcell strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
1.5 Outside Information.
MITO-ENDURANCE may receive information about individuals from third parties or from other sources of information outside of MitoXcell including information located in public databases ("Outside Information").
1.6 Individual Information.
As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information MitoXcell gathers or receives about individuals.
1.7 No Information Collected from Children.
MitoXcell will never knowingly collect any personal information about children under the age of 13. If MitoXcell obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, MitoXcell has no such information to use or to disclose to third parties. MitoXcell has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
1.8 Credit Card Information.
MitoXcell may, in certain cases, collect credit card numbers and related information, such as the expiration date of the card ("Credit Card Information") when an individual places an order from MitoXcell. When the Credit Card Information is submitted to MitoXcell such information is encrypted and is protected with SSL encryption software. MitoXcell will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to third parties only as necessary to complete the purchase transaction.
- Use of Individual Information. 2.1 Discretion to Use Information.
THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY'S SOLE DISCRETION.
The following paragraphs in Section 2 describe how MitoXcell currently uses Individual Information, but MitoXcell may change or broaden its use at any time. As noted below, MitoXcell may update this policy from time to time. MitoXcell may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses. If you do not wish us to use personal information about you to promote or sell our products and services or to sell, transfer or otherwise provide personal information about you to third parties, please inform us by contacting customer service at 1-855-884-2224 and we will certainly honor your request.
MitoXcell uses Individual Information to provide promotional offers by email to individuals. MitoXcell may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list.
2.2(a) Content of Email Messages.
In certain commercial email messages sent by MitoXcell, an advertiser's name will appear in the "From:" line but hitting the "Reply" button will cause a reply email to be sent to MitoXcell(MitoXcell). The "Subject:" line of MitoXcell email messages will usually contain a line provided from the advertiser to MitoXcell.
2.2(b) Solicited Email.
MitoXcell only sends email to individuals who have agreed on the Websites to receive email from MitoXcell to individuals who have agreed on third party websites to receive email from third parties such as MitoXcell. MitoXcell does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to MitoXcell’s email messages.
2.3 Targeted Advertising.
MitoXcell uses Individual Information to target advertising to an individual. When an individual is using the Internet, MitoXcell uses Technology Information (see also Section 2.5 below) to associate an individual with that person's Individual Information, and MitoXcell attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. MitoXcell may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.4 Direct Mail and Telemarketing.
MitoXcell does not allow telemarketing or the sharing information.
2.5 Use of Technology Information.
MitoXcell uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of MitoXcell’s web sites are most frequently visited. This information helps MitoXcell to better understand the online habits of individuals so that MitoXcell can target advertising and promotions to them.
2.6 Profiles of Individuals.
MITO-ENDURANCE uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.
2.7 Storage of Individual Information.
MitoXcell stores the Individual Information in a database on MitoXcell computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under MitoXcell’s control. Not withstanding such measures, MitoXcell cannot guarantee that its security measures will prevent MitoXcell computers from being illegally accessed, and the Individual Information on them stolen or altered.
- Dissemination of Individual Information. 3.1 Sale or Transfer to Third Parties.
MitoXcell does not sell personal information to 3rd parties.
3.2 Order Fulfillment.
MitoXcell will transfer Individual Information to third parties when necessary to provide a product or service that a person orders from such third party while using MitoXcell web sites or when responding to offers provided by MitoXcell.
3.3 Legal Process.
MitoXcell may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.
3.4 Summary Data.
MitoXcell may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting customer service at the number on the order page. MitoXcell may also grant advertising clients and email services providers’ access to an individual's email address to verify the origin of the Individual Information collected.
- Privacy Practices of Third Parties. 4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, "Advertisers") who place advertisements on the Websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. MitoXcell does not control Advertisers' use of such technology and MitoXcell has no responsibility for the use of such technology to gather information about individuals.
The Websites and email messages sometimes contain hypertext links to the web sites of third parties. MitoXcell is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. MitoXcell does not operate or control in any respect any information, software, products or services available on such third party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3 Affiliated Companies.
MitoXcell does not disclose, transfer, or sell Individual Information to entities affiliated with MitoXcell.
4.4 Affiliate Telemarketing Policy
MitoXcell will not sell your information to 3rd parties.
- Unsubscribe Procedures.
If you wish to discontinue receiving email messages from MitoXcell please call our customer service line at 1-855-844-2224. We reserve the right to add Individual Information to multiple lists maintained by MitoXcell. For more information about protecting your privacy, you may wish to visit: www.ftc.gov If you have questions about this policy, please feel free to contact us at 1-855-884-2224.
TERMS AND CONDITIONS CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), AND MitoXcell ("MitoXcell", "Our" or "Company") the owner and administrator of this Website and all content and functionality contained herein. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
- These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
- This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
- MitoXcell reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.
- If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of your state, province or country.
- At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then you may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
- ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
If you have any questions please contact Our Customer Service Department toll-free at 1-855-884-2224. Our Customer Service Department is open Monday thru Friday 9am-5pm Pacific Standard Time. Our product is offered in varying packages for purchase as follows: You can select any of the options on our order page. For a single one month supply of MitoXcell, you can purchase a straight buy for $39.99 + tax. For the single bag with monthly auto ship purchase option, you will be charged $35.99+ tax and free shipping and be enrolled in a 30 day supply auto shipment of MitoXcell. On the 30th day after the purchase you will be charged $35.99 + free shipping every 30 days for your MitoXcell. You may cancel auto shipments at any time by contacting our customer service department using our toll free phone number 1-855-884-2224.
All orders are shipped via United States Postal Service First Class Mail or FEDEX. We ship the day after you place your order. Orders placed on the weekend will be shipped the following business day. Packages will arrive within 3-5 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
REFUNDS AND RETURNS:
SATISFACTION: We want you to be satisfied with our products and services. If you are ever not satisfied with any product that you ordered, you may call our customer service department toll-free at 1-855-884-2224 and request a refund and RMA number. If you are calling about refunding a purchase, our customer service team will handle it on a case by case basis. More stipulations to our refund policy are as follows:
- Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to you, is defective. MitoXcell reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in MitoXcell’ judgment, requests refunds in bad faith.
- In order to process your refund, you must supply MitoXcell (MitoXcell) with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.
- Depending on the bank that issues the credit card You used, Your refund can take up to thirty (30) days to appear on Your credit card statement. If you have any questions about whether a refund has been issued by MitoXcell, please call Our Customer Service Department toll-free at 1-855-884-2224.
- Credit Card Descriptor. By ordering Products from MitoXcell, You authorize MitoXcell to charge your credit card accordingly. This authority shall remain in effect until and unless you have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on your credit card entry will refer to MitoXcell. If you have any questions about the descriptor on your credit card statement, you should call Our Customer Service Department toll-free at 1-855-884-2224.
- Modifications. We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.
- Billing Errors. If you believe that you have been erroneously billed, please notify Our Customer Service Department toll-free at 1-855-884-2224 immediately of such error.
WE WILL NOT HONOR EMPTY BOX RETURNS!
- REPRESENTATIONS; DISCLAIMERS
- It is Our intention to provide You with the finest products available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Products have not been evaluated by the FTC, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and not every trade is will make you money.
- You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
- We endeavor to provide You with accurate information about Our Products. You understand and agree that the information we convey about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
- We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person.
- You must refer to the manufacturer’s specifications or warranty documentation to determine Your rights and remedies in this regard.
- OWNERSHIP; INTELLECTUAL PROPERTY.
- The Website, and all images and content at the Website (collectively, "Materials"), are the sole and exclusive property of MitoXcell or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
- The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without MitoXcell’s prior written permission.
- YOUR REPRESENTATIONS.
You hereby represent and warrant that:
- You are age eighteen or older;
- You have read this Agreement and thoroughly understand the terms contained in this Agreement;
- Any Products You purchase from the Website will be used for Your personal, non-commercial use;
- You will not re-sell, re-distribute or export any Product that You order from the Website;
- MitoXcell has the right to rely upon all information provided to MitoXcell by You;
- MitoXcell may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
Without the express prior written authorization of MitoXcell You may not:
- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
- Create derivative works based on the Website or any of the Materials;
- Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Materials;
- Use any meta-tags or any other "hidden text" using the Website’s name or marks;
- "Deep-link" to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
- This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website.
- We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.
- LIMITATION OF LIABILITY; NO WARRANTIES.
- In no event shall MitoXcell or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
- Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever.
- You agree that MitoXcell’s entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to MitoXcell in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether MitoXcell was aware of or advised in advance of the possibility of damages or such Claims.
- The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
You agree to defend, indemnify, and hold harmless MitoXcell, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to MitoXcell must be sent in writing to the following address: MitoXcell, Attention: Legal, 3220 Grey Hawk Court, Carlsbad, CA 92010
- FORCE MAJEURE.
MitoXcell shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the MitoXcell’s performance.
* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in San Diego County, California, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in San Diego County, California for such purpose.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. No waiver of or by MitoXcell shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Complete Agreement. This Agreement constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
* Modifications. MitoXcell reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes.
MitoXcell does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by MitoXcell in writing, these terms and conditions may not be amended by You.
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