Terms of Use

1. ACCEPTANCE OF TERMS:

By accessing, browsing and/or using this website and any related websites and web pages ("Site"), you acknowledge that you have read, understand, and agree to be bound by the following Terms of Use and agree to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Site. If you have entered into a separate written agreement with us, that separate written agreement controls, and only those terms within this agreement that do not conflict with the separate written agreement apply.

We reserve the right to modify the Terms of Use from time to time with or without prior notice. Your use of the Site after the posting of modifications to these Terms of Use will constitute your acceptance of the Terms of Use.

2. RESTRICTIONS ON USE:

You may not use the Site or the information contained therein for any illegal purposes or in any manner inconsistent with the Terms of Use.

You agree to promptly notify us upon becoming aware of any unauthorized access or use of the Site by any party or any claim that the Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.

You may not use the Site in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of our trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.

You will not use the Site or the information contained therein in unsolicited mailings or spam material. You will not use any of our trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Site.

3. INTELLECTUAL PROPERTY:

The Site contains material that is derived in whole or in part from materials supplied by us and various other sources. The Site, including but not limited to its text, logos, content, photographs, database software programming, flash animations and programming, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.

All present and future rights in and to the Intellectual Property and other proprietary rights of us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site (the "Intellectual Property Rights") will, as between you and us, at all times be and remain the sole and exclusive property of us. All present and future rights in and title to the Site (including the right to exploit the Site and any portions of the Site over any present or future technology) are reserved to us for our exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the Services or any portion thereof.

If you would like to make copies and/or distribute certain information from the Site, please contact us at legal@mitchell.com.

4. NO LICENSE GRANTED:

You acquire absolutely no rights or licenses in or to the Site and any information contained therein other than the limited right to utilize the Site in accordance with these Terms of Use. Should you choose to download content from the Site, you must do so in accordance with these Terms of Use.

5. REGISTRATION:

Certain sections of the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by emailing legal@mitchell.com.

6. LINKS TO OTHER WEBSITES:

The Site contains links to and from third party web sites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party websites.

7. DISCLAIMER OF WARRANTY:

THE INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, WE AND OUR CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, QUALITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION ON THE SITE OR ANY SITES LINKED TO THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE FUNCTIONALITY OF THE SITE AND THE SITE MAY BE SUBJECT TO PERIODS OF INTERRUPTION.

8. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE, OUR CONTENT PROVIDERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. YOUR POSTINGS AND SUBMISSIONS:

Your use of the Site and submission of material or requests for information are conditioned on your adherence to the following policies:

1. You may not restrict or inhibit any other user from using or enjoying the Site.
2. You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
3. You may not post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights.
4. You may not post or transmit any information, software or other material which contains a virus or other harmful component.
5. You may not post, transmit or in any way exploit any information, software or other material which contains commercial advertising.
6. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of its submission policies.

Under no circumstances will we be required to treat any submission as confidential (subject to privacy policy then in effect), and will not be liable for any ideas for its business (including, without limitation, product or service ideas) and will not incur any liability as a result of any similarities that may appear in future operations.

You acknowledge that you are solely responsible for whatever material you submit, and you, not us have full responsibility for the submission, including its legality, reliability, appropriateness, originality, and copyright. Your communication of a submission is in all respects subject to the Terms of Use, including without limitation those set forth in "Indemnification."

We, including our employees, independent contractors and agents, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted to us. Please do not send your unsolicited ideas or work to us. If, despite our request to not send us your ideas and work, you still send them, we make no assurances that your ideas and work will be treated as confidential or proprietary, and you agree that: 1) your ideas and work will automatically become our property and you agree to assign all rights in your ideas and work to us without any expectation of compensation, and 2) we can use, copy, and distribute the ideas and work for any purpose and in any way, without any payment to you.

10. REMEDIES FOR VIOLATIONS:

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Site.

11. GOVERNING LAW AND JURISDICTION:

These Terms of Use are governed by and construed in accordance with the laws of the State of California, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts.

12. SEVERABILITY OF PROVISIONS:

These Terms of Use incorporate by reference any notices contained on the Site, including the privacy policy available at mitchell.com/privacy-practices, and constitute the entire agreement with respect to access to and use of the Site. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.